Constitution

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					           CONSTITUTION




First published   July 2001
15th revision     November 2006
                                           CONSTITUTION OF THE COUNCIL


                                             Contents
                  NB: Each Part contains its own sequence of page numbers.
  To print individual pages, please go to file then print and type into the pages field (see page
                        range) the page and section number you require
                  e.g. if you want pages 2-5 of Section 5, you type p2s5-p5s5.

PART 1: SUMMARY AND EXPLANATION ........................................................................... 4
  THE COUNCIL'S CONSTITUTION .............................................................................................. 5
  WHAT IS IN THE CONSTITUTION? ........................................................................................... 5
  HOW THE COUNCIL OPERATES................................................................................................ 6
  HOW DECISIONS ARE MADE ..................................................................................................... 6
  OVERVIEW AND SCRUTINY ...................................................................................................... 6
  AREA COMMITTEES .................................................................................................................... 7
  THE COUNCIL’S STAFF ............................................................................................................... 7
  CITIZENS’ RIGHTS ....................................................................................................................... 7

PART 2: ARTICLES OF THE CONSTITUTION .................................................................... 1
  ARTICLE 1 – THE CONSTITUTION ............................................................................................ 2
  ARTICLE 2 – MEMBERS OF THE COUNCIL (COUNCILLORS) ............................................. 3
  ARTICLE 3 - CITIZENS AND THE COUNCIL ............................................................................ 5
  ARTICLE 4 - THE COUNCIL ........................................................................................................ 6
  ARTICLE 5 - THE MAYOR ........................................................................................................... 8
  ARTICLE 6 - OVERVIEW AND SCRUTINY ............................................................................... 9
  ARTICLE 7 - POLICY AND REGULATORY COMMITTEES ................................................. 11
  ARTICLE 8 - THE STANDARDS COMMITTEE ....................................................................... 12
  ARTICLE 9 - AREA COMMITTEES ........................................................................................... 13
  ARTICLE 10 - JOINT ARRANGEMENTS .................................................................................. 14
  ARTICLE 11 - OFFICERS ............................................................................................................ 15
  ARTICLE 12 - DECISION MAKING........................................................................................... 18
  ARTICLE 13 - FINANCE, CONTRACTS AND LEGAL MATTERS ........................................ 19
  ARTICLE 14 - REVIEW AND REVISION OF THE CONSTITUTION ..................................... 20
  ARTICLE 15 - SUSPENSION, INTERPRETATION AND PUBLICATION OF THE
         CONSTITUTION .......................................................................................................... 21
  SCHEDULE 1: DESCRIPTION OF ALTERNATIVE ARRANGEMENTS ............................... 22

PART 3: RESPONSIBILITY FOR FUNCTIONS ..................................................................... 1
  (a)       DIAGRAM OF COMMITTEE STRUCTURE ................................................................... 2
  (b)       MEMBERSHIP AND MEETINGS OF COMMITTEES ................................................... 3
  (c)       TERMS OF REFERENCE OF POLICY COMMITTEES ................................................. 4
      (i) Environment ......................................................................................................................... 4
      (ii) Strategy and Resources ........................................................................................................ 4
      (iii) Leisure .................................................................................................................................. 5
      (iv) Social .................................................................................................................................... 5


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   (d)       TERMS OF REFERENCE OF THE PLANNING COMMITTEE ..................................... 6
   (e)       TERMS OF REFERENCE OF THE LICENSING COMMITTEE AND LICENSING
               HEARINGS SUB-COMMITTEE ................................................................................... 7
   (f)       TERMS OF REFERENCE OF THE SCRUTINY COMMITTEE ..................................... 9
   (g)       TERMS OF REFERENCE OF THE STANDARDS COMMITTEE ............................... 10
   (h)       TERMS OF REFERENCE OF ADVISORY PANELS .................................................... 11
       (i) Human Resources ............................................................................................................... 11
       (ii) Financial Policy .................................................................................................................. 11
       (iii) Health Liaison .................................................................................................................... 11
   (i)       JOINT ARRANGEMENTS: NONSUCH PARK JOINT MANAGEMENT
               COMMITTEE ................................................................................................................ 12
   (j)       CORE JOB DESCRIPTION: THE ROLE OF THE BOROUGH COUNCILLOR IN
               EPSOM & EWELL ....................................................................................................... 13
   (k)       SCHEME OF DELEGATION TO OFFICERS ................................................................ 15

PART 4: RULES OF PROCEDURE .......................................................................................... 1
  (a)   COUNCIL RULES OF PROCEDURE (STANDING ORDERS) ...................................... 2
  (b)   ACCESS TO INFORMATION PROCEDURE RULES .................................................. 25
  (c)   BUDGET AND POLICY FRAMEWORK PROCEDURE RULES................................. 32
  (d)   OVERVIEW AND SCRUTINY PROCEDURE RULES ................................................. 34
  (e)   FINANCIAL REGULATIONS ......................................................................................... 40
  (f)   CONTRACT STANDING ORDERS................................................................................ 63
  (g)   OFFICER EMPLOYMENT PROCEDURE RULES ........................................................ 74

PART 5: CODES AND PROTOCOLS ....................................................................................... 1
  (a)      CODE OF CONDUCT FOR MEMBERS AND CO-OPTED MEMBERS ........................ 2
      General Provisions ...................................................................................................................... 2
      Interests ....................................................................................................................................... 4
  (b)      OFFICERS’ CODE OF CONDUCT ................................................................................... 8
  (c)      PROTOCOL FOR MANAGING MEMBER/OFFICER RELATIONS ........................... 15
  (d)      CODE OF CONDUCT AND PRACTICE IN LICENSING PROCEDURES AND
             HEARINGS ................................................................................................................... 20
  (e)      CODE OF CONDUCT ON PLANNING MATTERS ...................................................... 30
      Additional explanatory guidance on probity in relation to planning matters ........................... 40
  (f)      WHISTLEBLOWING POLICY ....................................................................................... 44

PART 6: COUNCILLORS’ ALLOWANCES SCHEME ......................................................... 1

PART 7: MANAGEMENT STRUCTURE ................................................................................. 1




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                            PART 1: SUMMARY AND EXPLANATION

                                            Page

THE COUNCIL'S CONSTITUTION                  …5

WHAT IS IN THE CONSTITUTION?                …6

HOW THE COUNCIL OPERATES                    …6

HOW DECISIONS ARE MADE                      …6

OVERVIEW AND SCRUTINY                       …6

AREA COMMITTEES                             …7

THE COUNCIL’S STAFF                         …7

CITIZENS’ RIGHTS                            …7




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THE COUNCIL'S CONSTITUTION

Epsom and Ewell Borough Council has agreed a constitution which sets out how the Council
operates, how decisions are made and the procedures which are followed to ensure that these are
efficient, transparent and accountable to local people. Some of these processes are required by
the law, while others are a matter for the Council to choose.

The Constitution is divided into l5 Articles which set out the basic rules governing the Council’s
business. More detailed procedures and codes of practice are provided in separate rules and
protocols at the end of the document.

The Constitution derives from the Council’s decision, after extensive consultation, to adopt what
are called ‘Alternative arrangements’ as its form of governance under the Local Government Act
2000. In essence, this is a streamlined committee system preserving the opportunity for all
Councillors to be directly involved in decision-making.

WHAT IS IN THE CONSTITUTION?

Article 1 of the Constitution commits the Council to providing clear leadership to the
community, actively involving citizens in decision-making and helping Councillors represent
their constituents more effectively.

Articles 2 to 15 explain the rights of citizens and how the key parts of the Council operate.
These are:
     Members of the Council (Councillors) (Article 2)
        Citizens and the Council (Article 3)
        The Council (Article 4)
        The Mayor (Article 5)
        Overview and Scrutiny (Article 6)
        Policy and Regulatory Committees (Article 7)
        Standards Committee (Article 8)
        Area Committees (Article 9)
        Joint arrangements (Article 10)
        Officers (Article 11)
        Decision making (Article 12)
        Finance, contracts and legal matters (Article 13)
        Review and revision of the Constitution (Article 14)
        Suspension, interpretation and publication of the Constitution (Article 15)




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HOW THE COUNCIL OPERATES

The Council is composed of 38 Councillors elected every four years. The overriding duty of
Councillors is to the whole community in the Borough, but they have a duty and democratic
accountability to their constituents in their Ward, including those who did not vote for them.

Councillors have to agree to follow a code of conduct to ensure high standards in the way they
undertake their duties. The Standards Committee advises them on the code of conduct and is
responsible for arranging training.

All Councillors meet together as the Council. Meetings of the Council are normally open to the
public. Here, Councillors decide the Council’s overall policies and set the budget each year;
settle the Council’s main plans, like the Corporate Plan, or the Best Value Performance Plan;
approve the Council’s contribution as a partner to the Community Strategy; and resolve any
issues which would normally be decided by committees or officers except for their controversial
nature.

HOW DECISIONS ARE MADE

Decisions are made by the Council or by committees or senior officers of the Council under
delegated authority. The Council has four policy committees responsible respectively for
strategy (including the Community Strategy) and budget formulation; the environment; leisure;
and social issues. In addition, the Planning Committee deals with planning applications and
related matters. The Licensing Committee deals with licensing matters.

Occasionally, a sub-committee will be set up for a specific purpose and time period but
otherwise any working groups and panels will only have advisory functions - the committees
referred to above will normally be the only ones making decisions.

Meetings of the Council’s committees, sub-committees and panels are publicised well in advance
and are open to the public except where personal or confidential matters are being discussed.

OVERVIEW AND SCRUTINY

There is a Scrutiny Committee which supports the work of the policy committees and the
Council as a whole. It reports to the Council. It allows citizens to participate in investigating
matters of local interest. This can lead to reports and recommendations which advise the policy
committees and the Council as a whole on its policies, budget and service delivery. Sometimes,
it or another Committee or Panel will also examine the activities of other public bodies whose
actions affect the well-being of the community.

The Scrutiny Committee also monitors the decisions of the policy committees and can ‘call-in’ a
decision which has been made but not yet implemented. This enables it to consider whether the
decision is appropriate and may lead to a recommendation that the relevant committee or the
Council should reconsider the decision.




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The Committee may be consulted by policy committees on forthcoming decisions and the
development of policy although in most cases the policy committees will develop their own
policy. The Scrutiny Committee is responsible for ensuring that the Council complies with its
duties concerning Best Value, in accordance with the Local Government Act 1999. It scrutinises
the Council’s financial and audit arrangements and must ensure that suitable arrangements are
made to manage performance and deliver priorities.

AREA COMMITTEES

The Council does not have Area Committees but has the power to create these in the future,
following public consultation on their number, composition, function and delegated financial
authority. It will only do this if it is satisfied that it will improve services and lead to more
efficient, transparent and accountable decision-making.

THE COUNCIL’S STAFF

The Council employs staff, by convention known as Local Government ‘Officers’, to give
advice, implement decisions and manage the day-to-day delivery of its services. Some officers
have a specific duty to ensure that the Council acts within the law and uses its resources wisely.
The protocol set out in Part 5 governs the relationships between Councillors and officers.

CITIZENS’ RIGHTS

Citizens have a number of rights in connection with their dealings with the Council. These are
set out in more detail in Article 3. Some of these are legal rights. Others depend on the
Council’s own processes and can be amended or extended by decision of the Council. The local
Citizens’ Advice Bureau can advise on individuals’ legal rights.

Citizens have the right to:
                vote at local elections, if they are registered;
                contact their local Councillor(s) about any matters of concern to them;
                obtain a copy of the Constitution;
                attend meetings of the Council and its committees except where, for example,
                 personal or confidential matters are being discussed;
                inspect agendas and reports except where, for example, a report has been written
                 about a confidential matter;
                petition to request a referendum on a mayoral form of executive;
                speak at committees – see Council Procedure Rule No. 35.
                complain to the Council under its internal complaints process;
                complain to the Local Government Ombudsman if they think the Council has not
                 followed its procedures properly - however, they should only do this after raising
                 the complaint with the Council and giving the Council a chance to respond.
                complain to the Standards Board for England if they have evidence which they
                 think shows that a Councillor has not followed the Council’s Code of Conduct;
        and
                inspect the Council’s accounts and make their views known to the external
                 auditor.



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Where members of the public use specific Council services they may have additional rights.
These are not covered in this Constitution. The Council will also provide further opportunities
for involvement through consultation and through invitations to participate in working groups or
panels.

A statement of the rights of citizens to inspect agendas and reports and attend meetings is
available at the Council’s offices.

The Council welcomes participation by the Borough’s citizens in its work. For further
information on your rights as a citizen, please contact the Council’s Head of Committee
Services. (01372 732000).




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                         PART 2: ARTICLES OF THE CONSTITUTION




                                                                  Page

ARTICLE 1 – THE CONSTITUTION                                      …2

ARTICLE 2 – MEMBERS OF THE COUNCIL (COUNCILLORS)                  …3

ARTICLE 3 - CITIZENS AND THE COUNCIL                              …5

ARTICLE 4 - THE COUNCIL                                           …6

ARTICLE 5 - THE MAYOR                                             …8

ARTICLE 6 - OVERVIEW AND SCRUTINY                                 …9

ARTICLE 7 - POLICY AND REGULATORY COMMITTEES                      …11

ARTICLE 8 - THE STANDARDS COMMITTEE                               …12

ARTICLE 9 - AREA COMMITTEES                                       …13

ARTICLE 10 - JOINT ARRANGEMENTS                                   …14

ARTICLE 11 - OFFICERS                                             …15

ARTICLE 12 - DECISION-MAKING                                      …18

ARTICLE 13 - FINANCE, CONTRACTS AND LEGAL MATTERS                 …19

ARTICLE 14 - REVIEW AND REVISION OF THE CONSTITUTION              …20

ARTICLE 15 - SUSPENSION, INTERPRETATION AND PUBLICATION           …21
OF THE CONSTITUTION

SCHEDULE 1: DESCRIPTION OF ALTERNATIVE ARRANGEMENTS               …22




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ARTICLE 1 – THE CONSTITUTION

1.1     The Constitution

        This Constitution, and all its appendices, is the Constitution of the Epsom and Ewell
        Borough Council (hereafter ‘the Council’).

1.2     Powers of the Council

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

1.3     Purpose of the Constitution

        The purpose of the Constitution is to:

        1.       enable the council to provide clear leadership to the community in partnership
                 with residents, businesses and other organisations;

        2.       support the active involvement of citizens in the process of local authority
                 decision-making;

        3.       help Councillors represent their constituents more effectively;

        4.       enable decisions to be taken efficiently, effectively and transparently, with due
                 regard to probity and equity;

        5.       create a powerful and effective means of holding decision-makers to public
                 account;

        6.       ensure that no one will scrutinise a decision in which he or she was directly
                 involved;

        7.       ensure that those responsible for decision-making are clearly identifiable to local
                 people and that they explain the reasons for decisions;

        and

        8.       provide a means of improving the delivery of services to the community.

1.4     Interpretation and Review of the Constitution

        Where the Constitution permits the Council to choose between different courses of
        action, the Council will seek to exercise that choice in the way that it thinks will most
        closely achieve the purposes stated above. The Council will monitor and evaluate the
        operation of the Constitution as set out in Article l4.




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ARTICLE 2 – MEMBERS OF THE COUNCIL (COUNCILLORS)

2.1     Composition and Eligibility

        (a)      Composition. The Council comprises 38 Members, otherwise called Councillors.
                 Councillors will be elected by the voters of each ward in accordance with a
                 scheme drawn up by the Local Government Commission for England and
                 approved by the Secretary of State.

        (b)      Eligibility. Only registered voters of the Borough or those living or working
                 there will be eligible to hold the office of Councillor.

2.2     Election and Terms of Councillors

        (a)            Election. The regular election of Councillors will be held on the first Thursday
                       in May every four years (from 2003).

        (b)            Terms. The terms of office of Councillors will start on the fourth day after
                       being elected and will finish on the fourth day after the date of the next regular
                       election.

2.3     Roles and Functions of all Councillors

        (a)      Key Roles. All Councillors will:

                 (i)       collectively be the ultimate policy-makers and carry out the principal
                           strategic and corporate management functions, taking a Borough-wide
                           view;

                 (ii)      engage with and represent their communities, whose views they will bring
                           into the Council’s decision-making process and whose involvement and
                           participation they will actively encourage;

                 (iii)     represent the interests of their ward and where necessary balance different
                           interests;

                 (iv)      deal with individual casework and act as an advocate for constituents in
                           resolving particular concerns or grievances;

                 (v)       be involved in decision-making;

                 (vi)      be available to represent the Council on other bodies

                 and

                 (vii)     maintain the highest standards of conduct and ethics, showing respect for
                           fellow Councillors, officers and the community.




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        (b)      Rights and Duties. Councillors will

                 (i)     have such rights of access to such documents, information, land and
                         buildings of the Council as are necessary for the proper discharge of their
                         functions and in accordance with the law.

                 (ii)    not make public any information which is confidential or exempt without
                         the consent of the Council or divulge information given in confidence to
                         anyone other than a Councillor or officer entitled to know it.

                 and

                 (iii)   No Councillor can issue an order for works to be carried out by or on
                         behalf of the Council and nor can he/she, unless specifically authorised to
                         do so, claim any right to inspect or enter any land.

                 For these purposes, ‘confidential’ and ‘exempt’ information are defined in the
                 Access to Information Rules in Part 4 of this Constitution.

        (c)      Job Description. A job description of the role of the Councillor in the Borough
                 is included in Part 3 of this Constitution.

2.4     Conduct

        Councillors will at all times observe the Councillors’ Code of Conduct and the
        Councillor/Officer Protocol set out in Part 5 of this Constitution.

        The Council is required to maintain and update a Register of Interests of its Members.
        The Register is available for public inspection at the Council’s offices.

2.5     Allowances

        Councillors will be entitled to receive allowances in accordance with the Councillors’
        Allowances Scheme set out in Part 6 of this Constitution.




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ARTICLE 3 - CITIZENS AND THE COUNCIL

3.1     Citizens’ Rights

        Citizens have the following rights. Their rights to information and to participate are
        explained in more detail in the Access to Information Rules in Part 4 of this Constitution.

        (a)      Voting and Petitions. Citizens on the Register of Electors for the Borough have
                 the right to vote in elections and to sign a petition to request a referendum for a
                 form of Constitution with an elected Mayor. (A petition signed by 5% of those on
                 the Register of Electors requires the Council to hold such a referendum.)

        (b)      Information. Citizens have a right to:

                 (i)     attend meetings of the Council and its committees, Sub-committees and
                         Advisory Panels except where confidential or exempt information is likely
                         to be disclosed, and the meeting is therefore held in private;

                 (ii)    see reports and background papers, and any records of decisions made by
                         the Council;

                 and

                 (iii)   inspect the Council’s accounts and make their views known to the external
                         auditor.

        (c)      Participation. Citizens have the right to submit petitions and, under Council
                 Procedure Rule No. 35, to speak at committee meetings.

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

                 (i)     Council itself under its complaints scheme;

                 (ii)    Local Government Ombudsman (either directly or through a Councillor)
                         after having first raised the complaint with the Council and given the
                         Council a chance to respond;

                 (iii)   Standards Board for England about a breach of the Councillors’ Code of
                         Conduct.

3.2     Citizens’ Responsibilities

        Citizens must not be violent, abusive or threatening to Councillors or officers in the
        exercise of their rights set out in 3.1 or generally, and must not wilfully harm property
        owned by the Council, Councillors or officers. The Council will in appropriate cases be
        prepared to take action to protect its own rights and to support such action by its
        Councillors or officers.




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ARTICLE 4 - THE COUNCIL

4.1     Meanings

        (a)      Policy Framework. The policy framework includes the following plans and
                 strategies:

                        Corporate Plan
                        CPA Improvement Plan
                        Best Value Performance Plan;
                        Community Strategy;
                        Crime and Disorder Reduction Strategy;
                        Plans and strategies which together comprise the Development Plan
                         (principally, this is the Epsom and Ewell District Wide Local Plan);
                        Sustainable Development Strategy
                        Housing Strategy (including Housing Investment Programme)
                        Leisure (Cultural) Strategy
                        Health Strategy

        (b)      Budget. The budget includes:

                        the allocation of financial resources to different services and projects;
                        any proposed contingency funds
                        setting the Council Tax
                        decisions relating to the control of the Council’s borrowing requirement
                        the control of capital expenditure
                        the setting of limits to the amounts by which committees and officers can
                         transfer expenditure between different budget head (virement)

4.2     Functions of the Council

        Only the full Council will exercise the following functions:

        (a)      adopting and changing the Constitution;
        (b)      approving and adopting the Policy Framework and the Budget (see 4.1 above);
        (c)      agreeing and/or amending the terms of reference for committees, deciding on
                 their composition and making appointments to them;
        (d)      appointing representatives to outside bodies unless the appointment has been
                 delegated by the Council;
        (e)      delegating functions to other local authorities or their executives and deciding
                 whether or not to accept such a delegation from another local authority;




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        (f)      adopting an allowance scheme under Article 2.5;
        (g)      changing the name of the Borough;
        (h)      conferring the title of Honorary Alderman or Honorary Freeman;
        (i)      confirming the appointment of the Chief Executive;
        (j)      determining any delegation to officers which does not fall with the purview of any
                 committee;
        (k)      making, amending, revoking, re-enacting or adopting bylaws and promoting or
                 opposing the making of local legislation or personal bills;
        and
        (l)      all other matters which by law must be reserved to Council.

4.3     Council Meetings

        There are three types of Meetings of the full Council:

        (a)      the Annual Meeting;
        (b)      Ordinary Meetings;
        (c)      Extraordinary Meetings;

        and they will be conducted in accordance with the Council Procedure Rules in Part 4 of
        this Constitution.




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ARTICLE 5 - THE MAYOR

5.1     Role and function of the Mayor

        The Mayor and the Deputy Mayor will be elected by the Council annually.

        The Mayor, and in his/her absence the Deputy Mayor, will be the first citizen of the
        Borough and have the following roles and functions, to:

            1. Uphold and promote the purposes of the Constitution, and to interpret the
               Constitution when necessary;

            2. Preside impartially over meetings of the Council so that its business can be
               carried out efficiently and with regard to the rights of Councillors and the interests
               of the community;

                 Should the Mayor wish, in exceptional circumstances, to take part in debate on
                 an issue before the Council, he/she should vacate the Chair for the whole of that
                 item in favour of the Deputy Mayor.

            3. Ensure that Council meetings are a forum for the debate of matters of concern to
               the local community;

            4. Promote public involvement in the Council’s activities;

            5. Attend such civic and ceremonial functions as the Council and/or he/she considers
               appropriate;

            6. Promote the Council as a whole and act as a focal point for the community.




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ARTICLE 6 - OVERVIEW AND SCRUTINY

6.1     Functions

        The Council will appoint a Scrutiny Committee to discharge the scrutiny and review
        functions conferred by Section 21 of the Local Government Act 2000 and regulations
        made under Section 32 of the Local Government Act 2000 in relation to the following
        matters:

                local democracy and the achievement of effective, transparent and accountable
                 decision making by the Council;
                the Council’s budget, the management of its budget, capital programme, revenue
                 borrowing and assets and its audit arrangements;
                the social, economic and environmental well-being of the Borough;
                the provision, planning, management and performance of all Council services;
                the Council’s compliance with its duty concerning Best Value, in accordance with
                 the Local Government Act 1999.

6.2     Terms of Reference

        The terms of reference for the Scrutiny Committee are set out in Part 3 of this
        Constitution entitled ‘Responsibility for Functions’.

        Within its terms of reference, the Scrutiny Committee will:

        (i)      review and/or scrutinise decisions made or actions taken in connection with the
                 discharge of any of the Council’s functions;

        (ii)     make reports and/or recommendations to the Council and/or any Committee in
                 connection with the discharge of any functions;

        (iii)    consider any matter affecting the area or its inhabitants,

        and

        (iv)     exercise the right to call-in, for reconsideration, decisions made by any policy
                 committee but not yet implemented by any policy committee.

6.3     Annual reports

        The Scrutiny Committee will report annually to the Council on its workings and make
        recommendations for future work programmes and amended working methods if
        appropriate.




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6.4     Officers

        The Scrutiny Committee will exercise overall responsibility for the work programme of
        those officers whose function is wholly to support its work, and of other officers in so far
        as they support that work.

6.5     Proceedings of Scrutiny Committee

        The Scrutiny Committee will conduct its proceedings in accordance with the Overview
        and Scrutiny Procedure Rules set out in Part 4 of this Constitution.




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ARTICLE 7 - POLICY AND REGULATORY COMMITTEES

7.1     Policy Committees

        The Council will appoint four policy committees as follows:

                Strategy and Resources
                Environment
                Leisure
                Social

        The functions attributed to those committees are set out in Part 3 of this Constitution
        entitled ‘Responsibility for Functions’.

7.2     Regulatory Committees

        The Council will appoint a Planning Committee, which will be responsible for dealing
        with planning applications and related matters, and a Licensing Committee, which will be
        responsible for issuing premises and personal Licences and for establishing a sub-
        committee for the purpose of hearing appeals on both premises and vehicle licences.

        The functions of these Committees are set out in Part 3 of this Constitution entitled
        ‘Responsibility for Functions’.




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ARTICLE 8 - THE STANDARDS COMMITTEE

8.1     Standards Committee

        The Council will have a Standards Committee with a lay Chairman.

8.2     Composition

        (a)      Membership. The Standards Committee will comprise:

                        four Councillors;

                        at least two people who are not Councillors or officers of the Council or
                         any other body having a Standards Committee (the lay Members) one of
                         whom shall be the Chairman of the Committee.

        (b)      The Lay Members. The Lay Members (i.e. non-Councillors) will be entitled to
                 vote at meetings of the Committee.            The Chairman may present the
                 recommendations of the Committee to the Council as provided for in the
                 Council’s Procedure Rules in Part 4 of this Constitution.

8.3     Roles and Functions

        The Standards Committee will have at least the following roles and functions:

        (a)      promoting and maintaining high standards of conduct by councillors;
        (b)      assisting councillors by advice and training to observe the Councillors’ Code of
                 Conduct;
        (c)      advising the Council on the adoption or revision of the Councillors’ Code of
                 Conduct;
        (d)      monitoring the operation of the Councillors’ Code of Conduct;
        (e)      granting dispensation to councillors from requirements relating to interests set out
                 in the Councillors’ Code of Conduct;
        (f)      dealing with any reports from a case tribunal or interim case tribunal, and any
                 report from the monitoring officer on any matter which is referred by an Ethical
                 Standards Officer of the Standards Board for England to the Monitoring Officer.

        The detailed terms of reference for the Standards Committee are set out in Part 3 of this
        Constitution entitled ‘Responsibility for Functions’.




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ARTICLE 9 - AREA COMMITTEES

9.1     Area Committees

        The Council may appoint Area Committees as it sees fit, if it is satisfied that to do so will
        ensure improved service delivery in the context of Best Value and more efficient,
        transparent and accountable decision making.

        In the event that the Council decides after consultation to create any Area Committee (s)
        it will include within a Scheme approved for that purpose provision for their form,
        composition and function; for the avoidance of conflicts of interest through membership
        of other committees; and for access to information.




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ARTICLE 10 - JOINT ARRANGEMENTS

10.1    Arrangements to Promote Well-being

        The Council, in order to promote the economic, social or environmental well-being of its
        area may, subject to the other provisions of this Constitution:

        (a)      enter into arrangements or agreements with any person or body;
        (b)      co-operate with, or facilitate or coordinate the activities of any person or body;
        and
        (c)      exercise on behalf of that person or body any functions of that person or body.

10.2    Joint Arrangements

        (a)      The Council may establish joint arrangements with one or more local authorities
                 to exercise functions of any of the participating authorities or advise the Council.
                 Such arrangements may involve the appointment of a Joint Committee with these
                 other local authorities.
        (b)      Details of any joint arrangements, including any delegations to Joint Committees,
                 will be found in Part 3 of this Constitution.

10.3          Access to Information

        (a)      The Access to Information Rules in Part 4 of this Constitution apply.
        (b)      If the Joint Committee contains Councillors who are not on the executive of any
                 participating local authority then the access to information rules in Part VA of the
                 Local Government Act 1972 will apply.

10.4    Delegation to and from other local authorities

        (a)      The Council may delegate functions to another local authority or, in certain
                 circumstances, the executive of another local authority and also accept such a
                 delegation from another local authority.
        (b)      The decision whether or not to delegate functions to another local authority or to
                 accept such a delegation from another local authority shall be reserved to the
                 Council.

10.5    Contracting Out

        The Council may contract out to another body or organisation functions which may be
        exercised by an officer and which are subject to an order under Section 70 of the
        Deregulation and Contracting Out Act 1994, or under contracting arrangements where
        the contractor acts as the Council’s agent under usual contracting principles, provided
        there is no delegation of the Council’s discretionary decision making.




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ARTICLE 11 - OFFICERS

        NOTE: ‘Officers’ means all employees and staff engaged by the Council to carry out its
        functions

11.1    Management Structure

        (a)      General. The Council may engage such officers as it considers necessary to
                 carry out its functions.
        (b)      Directors. The Council will engage persons for the following posts, who will be
                 designated Directors, with the statutory responsibilities shown in the left-hand
                 column below and the portfolios set out in the right hand column alongside their
                 wider strategic responsibilities.

                                  Post                         Areas of Responsibility

                           Chief Executive          Overall corporate management and operational
                        (Head of Paid Service)      responsibility (including overall management
                                                    responsibility for all officers)

                                                    Provision of professional advice to all political
                                                    groups and individual Councillors

                                                    Together with the Monitoring Officer,
                                                    responsibility for a system of record keeping
                                                    for all the Council’s decisions

                                                    Representing the Council on partnership and
                                                    external bodies (as required by statute or the
                                                    Council)

                          Director of Finance       Audit, Accountancy and Revenues
                        (Chief Finance Officer)

                 The Council will, in addition, appoint such other Directors as it may from time to
                 time deem necessary, which posts are set out in Part 7 of this Constitution.
        (c)      Head of Paid Service, Chief Finance Officer and Monitoring Officer. The
                 Council will designate the following post in addition to those shown in (b) above:

                                  Post                                Designation

                     Chief Solicitor and Property   Monitoring Officer
                         Services Manager

                 The posts will have the functions described in Article 11.2 to 11.4 below.
        (d)      Structure. The Chief Executive will determine and publicise a description of the
                 overall departmental structure of the Council showing the management structure
                 and deployment of officers. This is set out at Part 7 of this Constitution.



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11.2    Functions of the Chief Executive (Head of Paid Service)

        Discharge of Functions by the Council. The Chief Executive will report to the Council
        on the manner in which the discharge of the Council’s functions is coordinated, the
        number and grade of officers proposed for the discharge of functions and the organisation
        of officers.

11.3    Functions of Director of Finance (Chief Finance Officer)

        (a)      Ensuring lawfulness and financial prudence of decision making. After
                 consulting the Chief Executive and the Monitoring Officer, the Director of
                 Finance will report to the Council and the Council’s external auditor if he or she
                 considers that any proposal, decision or course of action will involve incurring
                 unlawful expenditure, or is unlawful and is likely to cause a loss or deficiency or
                 if the Council is about to enter an item of account unlawfully.
        (b)      Administration of financial affairs. The Director of Finance will have
                 responsibility for the administration of the financial affairs of the Council.
        (c)      Contributing to corporate management. The Director of Finance will
                 contribute to the corporate management of the Council, in particular through the
                 provision of professional financial advice.
        (d)      Providing advice. The Director of Finance will provide advice on the scope of
                 powers and authority to take decisions, maladministration, financial impropriety
                 and probity to all Councillors and will support and advise Councillors and officers
                 in their respective roles.
        (e)      Giving financial information. The Director of Finance will provide financial
                 information to the media, members of the public and the community.

11.4    Functions of the Monitoring Officer

        (a)      Maintaining an up-to-date Constitution. The Monitoring Officer will ensure
                 that an up-to-date version of the Constitution is maintained and will ensure that it
                 is available to Councillors, staff and the public.
        (b)      Ensuring lawfulness and fairness of decision making. After consulting the
                 Chief Executive and Director of Finance, the Monitoring Officer has a duty, by
                 virtue of Section 5 of the Local Government and Housing Act 1989, to report to
                 the Council if he or she considers that any proposal, decision or omission would
                 give rise to unlawfulness or if any decision or omission has given rise to
                 maladministration. Such a report will have the effect of stopping the proposal or
                 decision being implemented until the report has been considered by the Council.
        (c)      Supporting the Standards Committee. The Monitoring Officer will contribute
                 to the promotion and maintenance of high standards of conduct through provision
                 of support to the Standards Committee.
        (d)      Receiving reports. The Monitoring Officer will receive and act upon reports
                 made by Ethical Standards Officers and decisions of the Case Tribunals.
        (e)      Conducting Investigations. The Monitoring Officer will conduct investigations
                 into matters referred by the Standards Board for England through their Ethical
                 Standards Officers (investigating officers) and make reports or recommendations
                 in respect of them to the Standards Committee.


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        (f)      Access to Information. The Monitoring Officer will ensure that decisions,
                 together with the reasons for those decisions and relevant officer reports and
                 background papers, are made publicly available as soon as possible.
        (g)      Providing Advice. The Monitoring Officer will provide advice on the scope of
                 powers and authority to take decisions, maladministration, financial impropriety
                 and probity to all Councillors and will support and advise Councillors and officers
                 in their respective roles.

11.5    Provision of sufficient resources to the Chief Executive, Director of Finance and
        Monitoring Officer.

        The Council will provide the Chief Executive, the Director of Finance and the
        Monitoring Officer with such officers, accommodation and other resources as are in their
        opinion sufficient to allow their duties to be performed.

11.6    Conduct

        Officers will comply with the Officers’ Code of Conduct and the Councillor/Officer
        Protocol set out in Part 5 of this Constitution.

11.7    Employment

        The recruitment, selection and dismissal of officers will comply with the Officer
        Employment Rules set out in Part 4 of this Constitution.




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ARTICLE 12 - DECISION MAKING

12.1    Responsibility for decision-making

        The Council will issue and keep up to date a record of what part of the Council or which
        individual has responsibility for particular types of decisions or decisions relating to
        particular areas or functions. This record is set out in Part 3 in this Constitution.

12.2    Principles of Decision Making

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

        (a)      clarity of aims and desired outcomes;
        (b)      proportionality (i.e. the action must be proportionate to the desired outcome);
        (c)      due consultation and the taking of professional advice from officers and/or
                 appropriate qualified consultants;
        (d)      respect for human rights;
        and
        (e)      a presumption in favour of openness.

12.3    Decision making by the Council

        Subject to Article 12.6 the Council meeting will follow the Council Procedure Rules set
        out in Part 4 of this Constitution when considering any matter.

12.4    Decision making by Scrutiny Committee

        The Scrutiny Committee will follow the Overview and Scrutiny Procedures Rules set out
        in Part 4 of this Constitution when considering any matter.

12.5    Decision making by other committees and sub-committees

        Subject to Article 12.6, other Council committees and sub-committees will follow those
        parts of the Council Procedure Rules set out in Part 4 of this Constitution which apply to
        them.

12.6    Decision making by Council bodies acting as tribunals

        The Council, a committee, a sub-committee or an officer acting as a tribunal or in a quasi
        judicial manner or determining/considering (other than for the purposes of giving advice)
        the civil rights and obligations or the criminal responsibility of any person will follow a
        proper procedure which accords with the requirements of natural justice and the right to a
        fair trial contained in Article 6 of the European Convention on Human Rights.




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ARTICLE 13 - FINANCE, CONTRACTS AND LEGAL MATTERS

13.1    Financial Management

        The management of the Council’s financial affairs will be conducted in accordance with
        the Financial Regulations set out in Part 4 of this Constitution.

13.2    Contracts

        Every contract made by the Council will comply with the Financial Standing Orders
        (including Standing Orders relating to Contracts) set out in Part 4 of this Constitution.

13.3    Legal Proceedings

        The Chief Solicitor and Property Services Manager is authorised to institute, defend or
        participate in any legal proceedings in any case where such action is necessary to give
        effect to decisions of the Council or in any case where he/she considers that such action
        is necessary to protect the Council’s interests.

13.4    Custody of Seal

        The Common Seal of the Council shall be kept in some safe place and shall be secured by
        a lock and the keys shall be kept in some safe place by the Chief Solicitor and Property
        Services Manager.

13.5    Sealing of Documents

        (a)      The Common Seal of the Council shall not be affixed to any document unless the
                 sealing has been authorised by a resolution of the Council or of a committee to
                 which the Council has delegated its powers in this behalf, but a resolution of the
                 Council (or of a committee where that committee has the power) authorising the
                 acceptance of any tender, the purchase, sale, letting, or taking of any property, the
                 issue of any stock, the presentation of any petition, memorial, or address, the
                 making of any rate or contract, or any other matter or thing, shall be a sufficient
                 authority for sealing any document necessary to give effect to the resolution.
        (b)      The seal shall be attested by the Mayor (or Deputy Mayor) and the Chief
                 Executive (or Chief Solicitor and Property Services Manager) and an entry of
                 every sealing of a document shall be made and consecutively numbered in a book
                 to be provided for the purpose and shall be signed by the persons who shall have
                 attested the seal.

13.6    Signature of Documents

        Where any document will be a necessary step in legal proceedings on behalf of the
        Council it shall, unless any enactment otherwise requires or authorises or unless the
        Council or a committee, or Sub-committee to which the Council has delegated its powers,
        has given the necessary authority to some other person for the purpose of such
        proceedings, be signed by the Chief Executive or the Chief Solicitor and Property
        Services Manager.




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ARTICLE 14 - REVIEW AND REVISION OF THE CONSTITUTION

14.1    Duty to monitor and review the Constitution

        The Monitoring Officer will ensure that the operation of the Constitution is monitored
        and reviewed to ensure that the aims and principles of the Constitution are given full
        effect and will report to the Council on this at least once every year.

14.2    Changes to the Constitution

        (a)      Approval. Changes to the Constitution will only be approved by the Council
                 after consideration of a proposal from the Chief Executive or the Monitoring
                 Officer or by way of Councillors proposing a motion on notice in accordance with
                 the Council Procedure Rules set out in Part 4 of this Constitution.
        (b)      Change from alternative arrangements to a form of executive. If at any time
                 the Council decides to change from alternative arrangements, it must take
                 reasonable steps to consult local electors and other interested persons in the
                 Borough when drawing up proposals.




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ARTICLE 15 - SUSPENSION, INTERPRETATION AND PUBLICATION OF THE
CONSTITUTION

15.1    Suspension of the Constitution

        (a)      Limit to suspension. The Articles of this Constitution may not be suspended.
                 The Rules specified below may be suspended by the Council or committees to the
                 extent permitted within those Rules and the law.
        (b)      Procedure to suspend. A motion to suspend any Rules will not be moved
                 without notice unless at least one half of the whole number of the Council or the
                 relevant committee are present. The extent and duration of suspension will be
                 proportionate to the result to be achieved, taking account of the purposes of the
                 Constitution set out in Article 1.
        (c)      Rules capable of suspension.        The following Rules may be suspended in
                 accordance with Article 15.1:

                        The Council Procedure Rules (as specified in those Rules)
                        Financial Procedure Rules
                        Contract Procedure Rules

15.2    Interpretation

        The ruling of the Mayor as to the construction or application of this Constitution or as to
        any proceedings of the Council shall not be challenged at any meeting of the Council.
        Such interpretation will have regard to the purposes of this Constitution contained in
        Article 1, and to any advice given by the Chief Executive.

15.3    Publication

        (a)      The Chief Executive will give a printed copy of this Constitution to each
                 Councillor upon delivery to him/her of that individual’s declaration of acceptance
                 of office on the Councillor first being elected to the Council.
        (b)      The Chief Executive will ensure that copies are available for inspection at
                 Council offices, libraries and other appropriate locations, and can be purchased by
                 members of the local press and the public on payment of a reasonable fee.
        (c)      The Chief Executive will ensure that the summary of the Constitution is made
                 widely available, in print and by electronic means, within the Borough and is
                 updated as necessary.




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SCHEDULE 1: DESCRIPTION OF ALTERNATIVE ARRANGEMENTS

The following parts of this Constitution constitute the alternative arrangements:

    1. Article 6 (Overview and Scrutiny), the terms of reference for the Scrutiny Committee set
       out in Part 3 and the Overview and Scrutiny Procedure Rules;

    2. Article 7 (Policy and Regulatory Committees), and in particular Article 7.1 and the terms
       of reference for those Committees set out in Part 3.




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                          PART 3: RESPONSIBILITY FOR FUNCTIONS

                                                                        Page

(a)     DIAGRAM OF COMMITTEE STRUCTURE                                  …2

(b)     MEMBERSHIP AND MEETINGS OF COMMITTEES                           …3

(c)     TERMS OF REFERENCE OF POLICY COMMITTEES                         …4

        (i)      Environment                                            ..4

        (ii)     Strategy and Resources                                 ..5

        (iii)    Leisure                                                ..5

        (iv)     Social                                                 ..5

(d)     TERMS OF REFERENCE OF THE PLANNING COMMITTEE                    …6

(e)     TERMS OF REFERENCE OF THE LICENSING COMMITTEE AND               …7
        LICENSING SUB-COMMITTEE

(f)     TERMS OF REFERENCE OF THE SCRUTINY COMMITTEE                    …9

(g)     TERMS OF REFERENCE OF THE STANDARDS COMMITTEE                   …10

(h)     TERMS OF REFERENCE OF ADVISORY PANELS                           …11

        (i)      Human Resources                                        ..11

        (ii)     Financial Policy                                       ..11

        (iii)    Health Liaison                                         ..11

(i)     JOINT ARRANGEMENTS: NONSUCH PARK JOINT MANAGEMENT               …12
        COMMITTEE

(j)     CORE JOB DESCRIPTION: THE ROLE OF THE BOROUGH                   …13
        COUNCILLOR IN EPSOM & EWELL

(k)     SCHEME OF DELEGATION TO OFFICERS                                …15




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(a)        DIAGRAM OF COMMITTEE STRUCTURE



                                                         COUNCIL




                  Standards                                                      Scrutiny




                                                               Strategy &
      Planning         Licensing           Environment                      Leisure            Social
                                                               Resources




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(b)     MEMBERSHIP AND MEETINGS OF COMMITTEES

Because of the nature of the business, the Planning and Licensing Committees have thirteen
members – allowing representation from every Ward. Other committees have fewer members to
facilitate the transaction of business, but the right of any Councillor to refer decisions to Council
is maintained in the Council Procedure Rules (Standing Orders) set out in Part 4 of this
Constitution.

The total number of members of committees will be as follows: -

         Environment                                                10
         Strategy and Resources                                     10
         Leisure                                                    10
         Social                                                     10
         Planning                                                   13
         Licensing                                                  13
         Scrutiny                                                    5
         Standards                                                   4 (+ 2 lay members)
         Total                                                      75
Scrutiny Committee members may not sit on any of the Policy Committees. They may therefore
only be members of the Planning, Licensing or Standards Committee.

In addition to the main committees, the Council may set up time-limited sub-committees for
specific purposes. Currently there are two such sub-committees, the Local Plans Sub-
Committee, which has nine members, with representation from all relevant committees and the
Telecommunications Masts Sub-Committee, which has six members.

The Council currently has three standing advisory panels which will report as required to the
appropriate committee as set out in their Terms of Reference. Two of the panels have specific
partnership roles and will include those partners in their regular meetings. The third is to provide
advice on the corporate financial framework and policy-making and will include in its
membership the Chairmen of all four policy committees, with appropriate political balance.
Recommendations may be made by the panels to committees or directly to the Council. The
advisory panels and numbers of members on them are as follows:

         Human Resources (NOTE: meeting with staff representatives will still        6
         be designated as Joint Staff Committee)
         Financial Policy                                                            8
         Health Liaison                                                              6
         Total                                                                       20
Arrangements for Meetings

There will be four cycles of meetings in each municipal year – June/July; September -
December; January/February; March/April. Each committee and advisory panel will normally
meet once in each cycle of meetings and may arrange such special meetings as are necessary.
The Planning Committee will meet at least ten times per year.




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(c)          TERMS OF REFERENCE OF POLICY COMMITTEES

In accordance with the Ambition and Key Priorities set by the Council in its Corporate Plan and
the targets set out in the Community Strategy (produced by the Council and its partners), the
principles of Best Value, and within the approved Budget and Policy Framework to: -

       1. deal with all policy and operational matters, including statutory responsibilities;
       2. develop its strategies and policies and put them to the Council for approval.
       3. draw up Service Delivery Plans and revenue budgets, and develop proposals for capital
          projects, and submit these to the Strategy and Resources Committee for recommendation
          to Council where these form part of the corporate policy framework.
       4. implement approved capital projects;
       5. develop and maintain communication and consultation with the public, local businesses,
          voluntary and other relevant organisations, and form partnerships and influence partners;
       6. distribute grant aid or award rate relief in accordance with conditions laid down by
       Council;
       and
       7. determine the level of delegation to officers;

in respect of the following subject areas:

(i)          Environment
             (a)   transportation policy
             (b)    land use policy statements and briefs for specific areas
             (c)    waste management refuse collection and recycling
             (d)    environmental improvement schemes
             (e)    litter and street cleansing
             (f)    highway matters that are the responsibility of the Borough Council
             (g)    land drainage
             (h)    public conveniences
             (i)    community safety

(ii)         Strategy and Resources
          (a)       the Budget and Policy Framework, for submission to the Council
          (b)       the Council’s contribution to the Epsom and Ewell Community Plan
          (c)      the District-Wide Local Plan, the Local Development Framework and the
                   Council’s input to the Surrey Structure Plan, other local plans, Regional Plans and
                   government strategic documents.
NOTE: (c) will be dealt with through the Planning Policy Local Plans Sub-Committee.
          (d)       the Corporate Governance Framework (jointly with the Chairmen of Standards
                    and Scrutiny Committees)
          (e)       data quality and corporate risk management
          (f)       the local economy
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        (g)      emergency planning and business continuity
        (h)      the Council’s human resources, property assets and finances
        (i)      housing benefits administration
        (j)      Civic and ceremonial matters
        (k)      dealing (at first instance) with any matters of general policy which do not fall
                 within the terms of reference of any other committee and are not reserved to the
                 Full Council.

(iii)   Leisure
        (a)      the promotion of sport, leisure, cultural and recreational activities
        (b)      parks, open spaces and countryside (including Nonsuch Park JMC and Epsom and
                 Walton Downs)
        (c)      allotments
        (d)      the Playhouse, Bourne Hall, Ewell Court House and the Ebbisham Centre
        (e)      the Rainbow Centre
        (f)      Bourne Hall Museum
        (g)      youth strategy

(iv)    Social
        (a)      housing strategy and investment programme
        (b)      housing standards, homelessness and advice, housing needs assessment
        (c)      housing benefit - welfare aspects
        (d)      private sector housing
        (e)      personal social services for the elderly and disabled
        (f)      environmental health
        (g)      health and safety
        (h)      cemeteries and churchyards
        (i)      gypsy site management
        (j)      budgetary matters in respect of licensing and vehicle licensing




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(d)      TERMS OF REFERENCE OF THE PLANNING COMMITTEE

In accordance with the Ambition and Key Priorities set by Council and the Corporate Plan and
the targets set out in the Community Strategy (produced by the Council and its partners), the
principles of Best Value, and within the approved Budget and Policy Framework, to: -

      1. deal with regulatory matters required by, and flowing from, Town and Country Planning
         legislation;
      2. develop and maintain communication and consultation with the public, local businesses
         and relevant organisations;
      3. determine the level of delegation to officers.




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(e)      TERMS OF REFERENCE OF THE LICENSING COMMITTEE AND
         LICENSING HEARINGS SUB-COMMITTEE

The Council is responsible for issuing premises and personal licences.

LICENSING COMMITTEE

The Committee may be required to determine contentious Public Entertainment and/or other
licence applications made under the existing legislation. The following Terms of Reference will
enable the Committee to discharge its duty both now and when the new legislation comes into
force:

      1. To consider and determine (or delegate to a sub-committee): Opposed and/or contentious
         applications for the granting, renewal, transfer or revocation of Music and Dancing,
         Theatre, Late Night Refreshment and Indoor sports Licences (NOTE: from November
         2005 these licences will be replaced by a single licence in accordance with the provisions
         of the Licensing Act 2003); made under the Licensing Act 2003 and/or applications
         for review under the said Act.

      2. To consider and determine (or delegate to a sub-committee): Opposed and/or
         contentions applications made under the Gambling Act 2005 and/or applications for
         review under the Gambling Act 2005

      3. To consider and determine (or delegate to a sub-committee): Opposed and/or contentious
         applications for the granting, renewal, transfer or revocation of cinematograph or sex
         establishment licences and gaming permits;

      4. To approve a licensing policy statement and gambling policy statement for
         recommendation to the Council and to keep this under review in accordance with the
         Licensing Act 2003 and the Gambling Act 2005 respectively;

      5. To establish a licensing hearings sub-committee to undertake the administration of
         applications made under the Licensing Act 2003 and the Gambling Act 2005 and to
         hear vehicle licensing appeals.

      6. To appoint four Members of the Committee to undertake the role of Chairman of the
         Sub-Committee.

LICENSING HEARINGS SUB-COMMITTEE

The Licensing Hearings Sub-Committee will be formed of any three members of the Licensing
Committee, one of whom shall be the Chairman, selected from those designated to undertake the
role by the Licensing Committee. The three members appointed for any hearing shall be
selected by the officers in consultation with the Chairman of the Licensing Committee. Note:
Political balance requirements do not apply.

The Sub-Committee will be required to determine applications:
      1. for a personal licence where an objection has been made
      2. for a personal licence with unspent convictions
      3. for premises licence where a representation has been made
      4. for a club premises certificate where a representation has been made

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    5. for a provisional statement where a representation has been made
    6. to vary a premises licence/club premises certificate where a representation has been made
    7. to vary designated premises supervisor if there is a police objection
    8. for transfer of premises licence if there is a police objection
    9. for interim authorities if there is a police objection
    10. to review a premises licence/club premises certificate

    and determine

    11. Opposed and/or contentious applications for the granting, renewal, transfer or revocation
        of gaming permits
    12. Opposed and/or contentious applications for the granting, renewal, transfer or revocation
        of sex establishment licences
    13. Appeals against the refusal of vehicle licences.




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(f)      TERMS OF REFERENCE OF THE SCRUTINY COMMITTEE

In accordance with the Ambition and Key Priorities set by Council in its Corporate Plan and the
targets set out in the Community Strategy (produced by the Council and its partners), the
principles of Best Value, and within the approved Budget and Policy Framework, to: -

      1. exercise the Council’s scrutiny and review functions in accordance with Article 6 of Part
         2 of this Constitution and the Scrutiny Procedure Rules set out in Part 4;
      2. oversee compliance with the Council’s duties concerning Best Value;
      3. exercise the functions of an audit committee, including monitoring the implementation of
         recommendations from the external and internal auditors;
      4. oversee the audit and governance frameworks, including the Statement of Internal
         Control;
      5. monitor progress on the Council’s Corporate Plan.




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(g)      TERMS OF REFERENCE OF THE STANDARDS COMMITTEE

      1. To promote and maintain high standards of conduct by Members and Officers.
      2. To monitor and review all the Codes of Conduct for Members and Officers and to
         propose amendments to them to give effect to best practice and any changes in law.
      3. To monitor, review and propose amendments to the Council’s Standing Orders.
      4. To provide advice, guidance and training to Members and Officers on any matters within
         the Terms of Reference of the Committee, and particularly the Codes of Conduct.
      5. To investigate and/or determine allegations of breaches of the Members’ Code of
         Conduct reported to it by the Monitoring Officer, following reference of the allegation to
         that Officer by the Standards Board of England, or as otherwise appropriate.
      6. If a breach of the Members’ Code of Conduct is found, to resolve what action (if any)
         should be taken against the Member concerned, and to either:
         (a)     censure the member
         (b)     restrict (for a maximum of three months) the member’s access to the premises of
                 the Authority and the use of resources of the Authority, provided that such
                 restrictions are reasonable and proportionate and that they do not unduly restrict
                 the member’s ability to perform their functions
         (c)     apply a partial or total suspension for a maximum of three months or until such
                 time as a written apology is submitted, or any training or conciliation specified by
                 the Standards Committee is undertaken.
      7. To ensure that the general public are informed of the effectiveness of the Authority’s
         encouragement and promotion of high ethical standards from Members and Officers.
      8. To monitor and review the Council’s “whistle blowing” policies and to propose
         amendments to them, as appropriate, and to monitor reported cases of fraud, corruption
         or malpractice.
      9. To be responsible for liaison between the Council and external agencies, for example, the
         Local Government Ombudsman and the District Auditor, in connection with any matter
         relating to the Terms of Reference of the Committee.
      10. To grant dispensation to members and co-opted members from requirements relating to
          interests set out in the Members Code of Conduct.
      11. To submit an annual report on the work of the Committee to the Council.




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(h)     TERMS OF REFERENCE OF ADVISORY PANELS

In accordance with the Ambition and Key Priorities set by the Council in its Corporate Plan and
the targets set out in the Community Strategy (produced by the Council and its partners), the
principles of Best Value, and within the approved Budget and Policy Framework, to advise the
Council or its Committees or Sub-Committees on any matter relating to the following subject
area: -

(i)     Human Resources

        To consider, and where appropriate advise the Strategy and Resources Committee on:
        (a)      human resource policies and practices
        (b)      monitoring sickness absence, staff turnover, health and safety

        In addition, the Human Resources Panel, meeting with staff representatives on the Joint
        Staff Committee has the following functions: -
        (a)      to provide formal consultation and discussions between the Council and its staff
                 representatives on matters relating to pay, employee relations, terms and
                 conditions of employment, and training and development
        (b)      to consider any relevant matters referred to it by Management or Staff
                 representatives to seek to resolve differences of interpretation or
                 misunderstanding

(ii)    Financial Policy

        1.       To advise the Strategy and Resources Committee on:
                 (a)     all matters relating to the Budget and Policy Framework;
                 (b)     new legislation or government policy relating to local government finance;
                 (c)     procurement strategy and those matters that have budget or procurement
                         implications for more than one committee;
                 (d)     performance against key performance indicators.

        2.       To respond on behalf of the Strategy & Resources Committee to urgent
                 consultation requests from central or regional government.

(iii)   Health Liaison

        To consider, and where appropriate advise the Social Committee on:
        (a)      preparing, promoting and monitoring the Council’s Health Strategy in association
                 with National Health Service bodies, Social Services and the voluntary sector.
        (b)      providing leadership and liaising with NHS bodies, the County Council and other
                 agencies to promote the effective use of all resources and the delivery of best
                 value Health and Social Services to the community.




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(i)     JOINT ARRANGEMENTS: NONSUCH PARK JOINT MANAGEMENT
        COMMITTEE

Nonsuch Park is managed and maintained by a Joint Management Committee, comprising an
equal number of councillors from Epsom and Ewell and Sutton Borough Councils.
Chairmanship rotates between the two councils annually. The two councils fund, on an equal
basis, the running of the Park, after taking income into account.




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(j)     CORE JOB DESCRIPTION: THE ROLE OF THE BOROUGH COUNCILLOR IN
        EPSOM & EWELL

Councillors are volunteers and bring a wide variety of skills and experience to the job of being a
Councillor. The multi-member ward structure of the Council provides the opportunity for
individual Councillors to specialise and use their particular skills and experience, working as part
of a team for the benefit of the local community they represent, as well as the wider interest of
the Borough as a whole.

However, there is a core role which the community and the Council as a whole expect of all
Councillors. This job description sets out that role under the six headings below.

1.      Representing the local Ward Community

                Seeking, and listening to, the views of individuals, voluntary groups and
                 businesses within the ward and representing local ward community views.
                Balancing conflicting views and expectations to present a considered view to the
                 Council or other agencies which have an impact on that community.
                Informing the local community about the work of the Council and helping it to
                 take an informed view of the options that may be before the Council.

2.      Representing Individuals and Groups

        Whenever appropriate:

               Helping individuals, groups and businesses, to secure the appropriate services of
                the Council.
               Helping individuals and groups to articulate their needs and have their case or
                their complaint heard, and when appropriate, presenting their case for them.

3.      Representing the Whole Community

                To take an overview of the needs and views of the whole community – residents,
                 voluntary groups and businesses together.
                To balance long and short term needs and to promote the long term economic,
                 social and environmental well being of the Epsom and Ewell community as a
                 whole.

4.      Representing the Council

                Acting as an ambassador of the Council in the wider community to present its
                 ambition, its policies and its views.
                Where appointed to a particular position as the Council’s representative on other
                 public or voluntary bodies, to represent and secure the Council’s policies through
                 influence and formal partnership working in those bodies.
                Building and maintaining relationships with the Council’s partners.




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5.      A Local Politician

                To promote and represent the values and manifesto on the basis of which he/she
                 has been elected in the decision making arrangements of the Council.
                To support any political group or party to which he/she may belong in order to
                 secure and maximise its support in local and other appropriate democratic
                 elections.

6.      Managing the Council and its Services (The Committee Role)

                As a member of the full Council, to set the Ambition and Key Priorities and to
                 monitor the performance of its Committees.
                As a member of a Council committee, sub-committee or panel, to manage the
                 provision of the Council’s services to the Community, in accordance with the
                 Council’s Ambition and Key Priorities.
                To review the Council’s performance in the provision of its policies and services
                 and identify opportunities to provide better value to the community.




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(k)     SCHEME OF DELEGATION TO OFFICERS
                                                      Issued: July 2002, revised July 2005
                                                        Section (s) Powers           Page
General Conditions                                      G           G1-7             17
Chief Executive & all Directors                         A, B        A1 – 20          18 - 19
                                                                    B1               20
Chief Executive (& certain other Officers)              A, B
General                                                             A 1 - 20         18 - 19
General                                                             B1 – 7           20
From Strategy and Resources Committee                               B8 – 21          20 - 21
Director of Human Resources                             C
From Strategy and Resources Committee                               C1 - 4           22
Chief Solicitor & Property Services Manager             D
General                                                             D1 - 4           23
From Strategy and Resources Committee                               D5 – 12          23 - 24
From Leisure Committee                                              D13 – 15         24
From Social Committee                                               D16 – 17         24
From Planning Committee                                             D18 – 20         24 - 25
From Environment Committee                                          D21 - 22         25
Director of Finance                                     E
From Strategy and Resources Committee                               E1 – 25          26 - 27
Head of Benefits or Head of Revenues                    E           E26              27
Head of Revenues                                        E           E27 - 28         28
Assistant Benefit Manager                               E           E29              28
Head of Policy                                          F
From Leisure Committee                                              F1 – 2           29
From Environment Committee                                          F3 - 5           29
Head of Regulatory Services                             H
From Social Committee                                               H1 – 6.3         30 - 31
                                                                    H6.5 - 9         32 - 33
From Licensing Committee                                            H6.4             32
From Environment Committee                                          H 10 - 13        33
From Planning Committee                                             H14 - 18         33
Head of Services                                        I
From Environment Committee                                          I1 - 3           34
Head of Streetcare Director of Operations               J
From Environment Committee                                          J1 - 4           35
Residual Highway Agency Powers                                      J5               35
Support Services Manager and nominated Customer         K
Services Officer
From Environment Committee                                            K1 - 2         36
Head of Venues, Housing and Personal Services           L
From Social Committee                                                 L1 - 10        37 - 38
From Strategy and Resources Committee                                 L11            38
From Leisure Committee                                                L12 - 15       38
Head of Planning Development Control                    M
From Planning Committee                                               M1 - 22        39 - 41
Head of Planning Development Control & the Planning                   M23            41
Enforcement Officer


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Head of Customer Services and designated Customer   N
Services Officer
From Social Committee                                   N1            42
From Environment Committee                              N2 - 3        42




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                                           GENERAL CONDITIONS
SECTION G

G1          Powers delegated to Officers shall be exercised in accordance with the Constitution and
            Standing Orders and Financial Regulations of the Council.
G2          The exercise of any delegated powers involving expenditure shall be operative only
            where provision has been made in the approved Annual Estimates for such expenditure.
G3          It shall be for each committee whose powers have been delegated to determine the extent
            to which it is appropriate for action taken by or on behalf of an Officer in accordance
            with delegated powers to be reported. Arrangements for the submission of reports to the
            Committee shall in no way detract from the freedom of Members to ask questions
            regarding action taken by an Officer in exercise of his/her delegated powers.
G4          Where the exercise of delegated powers involves technical or professional considerations
            not within the sphere of competence of the Officer concerned, he/she shall consult the
            appropriate professional or technical officer of the Council before authorising action.
G5          Before taking a decision under the delegated powers, an Officer may consult the
            Chairman or Vice-Chairman of the Committee, or, in lieu of exercising his/her delegated
            power, whether or not after consultation with the chairman, an Officer may refer the
            matter to the Committee and shall so refer any matter which raises an issue of policy.
G6          Before taking a decision under delegated powers on any matter which affects a particular
            Ward or Wards, Officers should ensure that the relevant Ward Members are consulted,
            other than as set out in Planning delegated powers M5 - M8.
G7          Unless a committee determines otherwise in regard to a specific delegated power, an
            Officer to whom powers (other than the institution or conduct of legal proceedings) have
            been delegated may authorise the exercise of those powers by other designated officers
            responsible to him/her, provided that the designated Officer shall retain responsibility for
            any action taken by any other officer so authorised to act in accordance with such
            powers.




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                               CHIEF EXECUTIVE & ALL DIRECTORS
SECTION A


                    Financial

A1                  To invite and accept quotations and tenders and to authorise expenditure in
                    accordance with Standing Orders relating to Contracts and Financial Regulations.
A2                  To transfer sums from provisions made within the approved Capital Programme or
                    Revenue Budget, or savings made on one head of expenditure to another within the
                    same committee's Capital Programme or Budget, after consultation with the
                    Director of Finance, provided no change of policy is involved and the amount of
                    transfer does not exceed a limit of £5,000.
A3                  To enter into agreements for the maintenance of equipment purchased by the
                    Council.
A4                  To seek financial support for activities and special events through grant aid,
                    sponsorship and/or partnership arrangements.

                    Staffing

A5                  To recruit, select and appoint employees (including approval of relocation expenses
                    if appropriate) that are not the responsibility of a panel of Members, in association
                    with the Chief Executive or the Director of Human Resources
A6                  To recruit, select and appoint additional temporary employees in association with
                    the Chief Executive or the Director of Human Resources where the expenditure can
                    be met from the approved estimates.
A7                  To exercise discipline in accordance with the Council's disciplinary policies and
                    procedures, subject to the advice of the Director of Human Resources
A8                  To authorise overtime working of weekly paid employees and staff below the
                    overtime limit.
A9                  To authorise the payment of wages and salaries in accordance with the Local
                    Scheme of Pay and Conditions of Service, subject to the advice of the Chief
                    Executive or Director of Human Resources on any question of their proper
                    interpretation and application.
A 10                To be responsible for the health, safety and welfare of all employees, in accordance
                    with the advice of the Safety Officer.
A 11                To authorise attendance of staff at such meetings, discussion groups, exhibitions,
                    conferences etc. which appear to be in the interests of the Council and where the
                    expenditure can be met from the approved estimates.

                    Contracts

A 12                To appoint the Supervising Officer in contract documents and authorise him/her to
                    take action regarding defect and defaults in accordance with the procedures set out
                    in contract documents approved by the Council.



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CHIEF EXECUTIVE & ALL DIRECTORS (cont.)

                    Press and Publicity

A 13                To approve, after consultation with the appropriate Chairman, a statement to be
                    issued to the press on matters of public interest which have been considered by a
                    committee or sub-committee or which affect Council policy.
A 14                To respond and give comments to the press on administrative matters affecting the
                    Director’s own area of responsibility.

                    Legal - After consultation with the Chief Executive or Chief Solicitor and the
                    Chairman of the appropriate committee

A 15                To exercise powers of entry for the purposes of any statutory power insofar as those
                    powers relate to the function entrusted to that Director.

                    General

A 16                The appropriate Director to act on any matter within the terms of reference of any
                    committee where an urgent decision is necessary but which does not raise an issue
                    of policy.
A 17                To respond to Government or other consultation documents after consultation with
                    the Chairman (or relevant Panel Members) if appropriate, on matters affecting
                    his/her committee, without reference to that committee if time does not permit
                    consideration by the Committee.
A 18                Plant and Equipment: To procure plant and equipment in connection with the
                    duties of committees as specified in their terms of reference, and in accordance with
                    Financial Regulations and Standing Orders relating to contracts.
A 19                Works of construction, maintenance, repair and alteration and associated
                    procurement of goods and services: To undertake such works to all buildings and
                    sites, garages, boundary walls and fences and other assets owned by the Council or
                    in which the Council has an interest, including the preparation of details of works,
                    invitation to tender and associated procurement of goods and services, in
                    accordance with Standing Orders relating to Contracts and Financial Regulations.
A 20                Works In default: To invite and accept quotations or tenders for such work in
                    accordance with Standing Orders relating to contracts and to report to a subsequent
                    meeting of the appropriate committee after carrying out of such works. To recover
                    such costs together with administration charges from the person in default.
A 21                Local Development Framework Core Strategy: To make minor changes
                    suggested by the Inspector during the Inquiry in consultation with a panel
                    consisting of any two of the Chairmen of Strategy & Resources, Environment,
                    Planning and Local Plans Sub-Committees.




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                           CHIEF EXECUTIVE (and certain other Officers)
SECTION B

B1          GENERAL DELEGATED POWERS IN RESPECT OF ALL COMMITTEES AND
            SERVICES: All Directors to deal with matters delegated to the Chief Executive in his
            absence, except for those matters reserved to the Chief Solicitor.
B2          Closure of public building/premises/sites: To close public buildings for an appropriate
            period to enable maintenance or emergency works to be undertaken (after consultation
            with the appropriate committee Chairman).
B3          Contracts: To negotiate and accept terms from contractors already engaged in works for
            the Council for extensions of such works, subject to provision for the cost thereof being
            included in the approved estimates, and to a report being submitted to a subsequent
            meeting of the Committee, where appropriate.
B4          Court Proceedings: To institute or defend proceedings on behalf of the Council before
            any court. (Similar powers delegated to Chief Solicitor, D2)
B5          Legal Procedures: To instigate legal proceedings for breaches of legislation etc. on
            advice from the service managers. (Similar powers delegated to Chief Solicitor, D1.1)
B6          Matters of Urgency: After consultation with the relevant Chairman, to deal with any
            matter of urgency and to report on action taken.
B7          Restrictive Covenants: To release or relax restrictive covenants subject to compliance
            with planning permission and/or building regulation approval.

                     Delegated from the STRATEGY AND RESOURCES COMMITTEE

B8          Acceptance, Resignation and Vacancies of Office: To undertake the declaration of
            acceptance of office of Mayor, Deputy Mayor or Councillors; to receive notices of
            resignation and make all arrangements in connection with the filling of resultant or casual
            vacancies.
B9          Access to Information
B 9.1       To determine information which is exempt from publication in (sub) committee reports.
B 9.2       To make the necessary arrangements to provide public access to agenda, minutes,
            background papers, additional information and documents held on deposit.
B 9.3       To be the proper Officer of the Council in accordance with Access to Information
            legislation.
B 10        Armorial Bearings: To-deal with applications for permission to use, display or
            reproduce the Coat of Arms or Heraldic Badge.
B 11        Byelaws: To sign certificates of evidence of byelaws, to maintain copies for public
            inspection. (Similar powers delegated to Chief Solicitor, D5)




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CHIEF EXECUTIVE (and certain other Officers) (cont.)
B 12        Elections
B 12.1      To undertake the duties of the Registration Officer and of the Returning Officer for
            the Borough.
B 12.2      To approve the scales of fees for election work, such revisions to be based upon fees
            fixed from time to time by the relevant bodies.
B 13        Emergency Plan: To make plans to deal with disasters and deal with the aftermath.
B 14        Honorary Freeman and Aldermen: To maintain a roll of Honorary Freemen and
            Aldermen of the Borough.
B 15        Land Disposal: To agree detailed terms for the disposal of land, after consultation
            with the Chairman, once a committee has given agreement in principle to the disposal.
B 16        Objections: To lodge holding objections on behalf of the Council to any proposal
            appearing adversely to affect the Borough's interests.
B 17        Representation by Counsel: To brief Counsel where it is considered to be in the
            Council's interest to be represented by Counsel. (Similar powers delegated to Chief
            Solicitor, D3)
B 18        Scrutiny: To determine which agenda items may be designated “urgent” for the
            purposes of Scrutiny.
B 19        Staff: Early Retirement/Redundancy Compensation: Following consultations with
            the Director of Finance, the Director of Human Resources and the appropriate
            Director, to determine the payment of compensation in cases of early retirement
            and/or redundancy in consultation with the Chairman of the Human Resources Panel,
            within the limits of discretion available under the Council's Personnel Policies and the
            appropriate Superannuation Regulations.
B 20        Summonses to Attend Meetings: To summons meetings of the Council and (sub)-
            committees pursuant to statutory provisions and the Standing Orders of the Borough
            Council.
B 21        Market: To issue market licences through the Business Centre.




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                                DIRECTOR OF HUMAN RESOURCES
SECTION C


                        Delegated from STRATEGY AND RESOURCES COMMITTEE

C1          Car Loans: To approve, in conjunction with the appropriate Director, and administer
            applications made by Officers for an advance under the Council’s Car Loan scheme.
C2          Car Users: To determine essential and casual car users.
C3          Pay and Benefits: To make recommendations and implement local awards affecting
            wages, salaries and conditions of service.
C4          Salaries: To implement all aspects of the Council’s approved Pay, Performance and
            Benefits scheme, including any variations to the scheme, in consultation with the Chief
            Executive and the Director of Finance, with the exception of those posts requiring
            member level approval.




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                 CHIEF SOLICITOR AND PROPERTY SERVICES MANAGER
SECTION D


                                 GENERAL DELEGATED POWERS in respect of
                                    ALL COMMITTEES AND SERVICES

D1          Legal Procedures
D 1.1       To instigate legal procedures for breaches of legislation etc. on advice from the service
            managers, including action relating to:
                  assaults on and/or obstruction of Council employees in the course of their duties
                  offences under landlord and tenant legislation
                  the depositing of litter
                  breaches in relation to the licensing of public entertainments
                  repossession of temporary accommodation and, after consultation with the
                   relevant Chairman, to institute proceedings for eviction.
                  squatters and travellers
                  persons who fail to supply information following a statutory requisition.
                  unlawful eviction and/or harassment of residential occupiers, after consultation
                   with the Chairman and the Head of Venues, Housing and Personal Services
                   (Similar powers delegated to Head of Regulatory Services, H5.8)
                  breaches of the Offices, Shops and Railway Premises Act and Health and Safety
                   at Work legislation
                  breaches in environmental protection legislation
                  Estate Agents’ boards that are contrary to Advertisement Regulations.
                  persons who fail to comply with notices served under the Planning Acts for the
                   supply of information
                  pay and display car parking offences
                  unlawful street trading.
            (Similar powers delegated to Chief Executive, B5)
D2          Court Proceedings: To institute or defend proceedings on behalf of the Council before
            any court (Similar powers delegated to Chief Executive, B4)
D3          Representation by Counsel: To brief counsel where it is considered to be in the
            Council’s interest to be represented by Counsel. (Similar powers delegated to Chief
            Executive, B17)
D4          Wayleave Agreements: To issue wayleave agreements or licences for statutory
            undertakers.

                     Delegated from the STRATEGY AND RESOURCES COMMITTEE

D5          Byelaws: To sign certificates of evidence of byelaws, to maintain copies for public
            inspection. (Similar Powers delegated to Chief Executive, B11)
D 6.1       Monitoring Officer: To act as the Monitoring Officer of the Council.




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CHIEF SOLICITOR AND PROPERTY SERVICES MANAGER (cont.)
D 6.2       Gifts and Hospitality and Interests of Members and Officers: To maintain registers of
            disclosures of gifts and hospitality as well as disclosures of interests made by Members
            and Officers.
D7          Photographic Copies of Documents: To certify photographic copies of documents.
D8          Landlords’ Consent: To issue Landlords’ consent to a change of use, or for alterations
            when consent cannot unreasonably be withheld, and subject to any necessary planning
            permission having been obtained.
D9          Letting of Property: To issue licences to assign and sublet Council property (after
            consultation with the Chairman) in consultation with the Director of Finance.
D 10        New Tenancy: To determine whether or not the Council wishes to oppose grant of new
            tenancy to business tenants on expiry of existing leases.
D 11        Planning etc. Consent for all committees: To submit on behalf of any committee
            applications for planning permission and Building Regulation approval required in
            respect of their own proposals.
D 12        Sale of Land: to approve the sale of Council owned land to adjoining landowners where
            the land has no development potential or amenity value to the community and where
            highway sight lines will not be affected, subject to consultation with the Chairman of the
            appropriate land holding Committee, Ward Members and (where appropriate) Rosebery
            Housing Group and subject to:
            (a)      the land being sold at open market value
            (b)      the Council’s costs being borne by the purchaser
            (c)      a restrictive covenant that the land shall only be used for garden purposes and no
                     structure shall be erected on the land save (with Council approval) boundary
                     fencing.

                                    Delegated from the LEISURE COMMITTEE

D 13        Allotments: To serve Notices to Quit to allotment holders.
D 14        Byelaws: To enforce Byelaws with respect to pleasure grounds and open spaces.
D 15        Common Land: To grant rights of access over common land.

                                    Delegated from the SOCIAL COMMITTEE

D 16        Front Gardens: To approve applications from former tenants of Rosebery Housing
            Group to lay hard-standing or park in their front gardens, subject to any engineering and
            planning considerations.
D 17        Non-Compliance of Notices: To take all subsequent proceedings arising from non-
            compliance with Notices served by the Council requiring work to be done or nuisances to
            be abated.

                                  Delegated from the PLANNING COMMITTEE

D 18        Enforcement Notices: To issue enforcement notices and instigate legal proceedings for
            non-compliance.


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CHIEF SOLICITOR AND PROPERTY SERVICES MANAGER (cont.)
D 19        Proceedings for clearance of land:        To serve appropriate notices under planning
            legislation.
D 20        Stop Notice: To serve Stop Notices, after consultation with the Chairman.

                               Delegated from the ENVIRONMENT COMMITTEE

D 21        Works of construction, maintenance, repair and alteration and procurement of related
            services: To act as the client for works undertaken on behalf of the Committee for the
            purposes of the Construction (Design and Management) Regulations 1994.
D 22        Erection of stiles or gates: To authorise the erection of stiles or gates on public paths on
            Council owned land.




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                                           DIRECTOR OF FINANCE
SECTION E


                     Delegated from the STRATEGY AND RESOURCES COMMITTEE

E1          Audit: To make all necessary arrangements for the provision of an internal and external
            audit service to the Council.
E2          Banking Service: To make all necessary arrangements for the provision of a banking
            service to the Council.
E3          Capital Programme: To determine the financing of the capital programme, having
            regard to the internal resources of the Council and the approved capital strategy.
E4          Claims for Financial Reimbursement
E 4.1       To deal with all claims for payment of Members’ allowances (basic and special
            responsibility) and for Members’ travelling and subsistence allowances.
E 4.2       To deal with all claims for payment of car, travelling and subsistence allowances and
            incidental expenses of Council Officers.
E5          Council Tax
E 5.1       To calculate the Council Tax Base for the purpose of setting Council Tax, subject to prior
            approval of any new scheme of discounts by the Council.
E 5.2       To take all necessary steps concerning the demand, collection, refund and recovery of
            Council Tax. To issue all necessary notices and statements and to sign any documents on
            behalf of the Council as the billing and collecting authority.
E6          Council Tax Benefits: To administer the Council Tax Benefit Scheme and to determine
            and award Council Tax Benefit in accordance with existing regulations.
E7          Court Proceedings - Recovery of Council Tax and Business Rates: To institute or
            defend proceedings on behalf of the Council before any court and to authorise named
            officers to represent the Council in said proceedings.
E8          Creditors: To prescribe the procedures to be adopted for the payment of sums due from
            the Council.
E9          Debtors: To take all necessary steps in connection with the demand, collection and
            recovery of monies due to the Council.
E 10        Discretionary Housing Payments (previously Exceptional Hardship Payments): To
            determine, in conjunction with the Benefit Manager, appeals against the non-award of
            discretionary housing payments in accordance with legislation and to keep payments
            within the sum paid by central government.
E 11        Discretionary Rate Relief: To renew the grant of discretionary rate relief for a period of
            up to five years following initial approval by the Committee, provided that the
            circumstances of the applicant remain unchanged.
E 12        Financial Interests in Contracts: To record details of any notice given by a Council
            Officer concerning a financial interest in a contract; such book to be available to any
            Member of the Council during office hours.




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DIRECTOR OF FINANCE (cont.)
E 13        Funds and Reserves: To authorise transfers, payments and contributions to and from
            funds and reserves as may from time to time be established for the purpose of defraying
            or equalising expenditure or income.
E 14        Grants: To certify all claims for grants and subsidies due to the Council.
E 15        Housing Advances
E 15.1      To fix the interest rate for housing loans to borrowers.
E 15.2      To take all necessary steps in connection with the demand, collection and recovery of
            repayments due to the Council.
E 16        Housing Benefits: To administer the Housing Benefit Scheme and to determine and
            award housing benefit in accordance with existing regulations.
E 17        Hospitality Expenditure: To approve expenditure, after consultation with the Chief
            Executive in respect of hospitality to visitors (including other local authority Officers and
            Members) in connection with official duties.
E 18        Insurance
E 18.1      To ensure that adequate insurance cover is maintained and to deal with all matters
            relating to insurance.
E 18.2      To negotiate offered settlements in connection with claims made by the Council (in
            association with the appropriate Director as necessary).
E 18.3      To negotiate and settle claims from third parties, up to a value of £10,000 each, where no
            personal injury is involved.
E 19        Investments: To make all investments on behalf of the Council and make necessary
            arrangements for cash management and treasury fund management.
E 20        Irrecoverable Debts: To write off irrecoverable debts not exceeding £3,000 in any one
            case and to write off debts exceeding that amount after consultation with the Chairman.
            (See also E26 below)
E 21        Loans: To raise and repay loans, including bank overdraft, to meet the Council’s
            requirements for such amounts and on such terms as considered necessary.
E 22        Miscellaneous Debts: To prepare County Court Summonses and Default Judgement
            applications.
E 23        Non-Domestic Rate: To take all necessary steps concerning the demand, collection,
            refund and recovery of Non Domestic Rate. To issue all necessary notices and
            statements and to sign any documents on behalf of the Council as Rating Authority.
E 24        Services to Council Buildings: To conclude agreements for the supply of gas, water,
            electricity, telephone and sewerage services to all buildings and sites and other assets
            owned by the Council, or in which the Council has an interest.
E 25        VAT: To exercise the Council’s right to elect to tax VAT on exempt supplies.

HEAD OF BENEFITS OR HEAD OF REVENUES
E 26        Irrecoverable Debts: to write off irrecoverable debts (benefits, Council Tax or business
            rates) not exceeding £500 in any one case. (See also E20 above)




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DIRECTOR OF FINANCE (cont.)

HEAD OF REVENUES

                                    Delegated from the LEISURE COMMITTEE

E 27        Discretionary Non-Domestic Rate Relief: To determine, in consultation with the
            Chairman and in accordance with legislation and current policy, applications for
            discretionary non-domestic rate relief.

                                    Delegated from the SOCIAL COMMITTEE

E 28        Discretionary Non-Domestic Rate Relief: To determine, in consultation with the
            Chairman (and appropriate Ward Councillors in the case of parish halls, community
            centres and day centres) and in accordance with legislation and current policy,
            applications for discretionary non-domestic rate relief.

ASSISTANT BENEFIT MANAGER
E 29        Discretionary Housing Payments (previously Exceptional Hardship payments): To
            determine, in conjunction with the Benefit Officer, claims for discretionary housing
            payments in accordance with legislation and to keep payments within the sum paid by
            central government.




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                                           HEAD OF POLICY
SECTION F


                                    Delegated from the LEISURE COMMITTEE

F1          Planning Applications: To make representations on planning applications affecting
            Leisure Committee owned property, after consultation with the Chairman of Leisure
            Committee and Ward Members.
F2          Special Events: To promote, organise and execute special events of a recreation nature.
            (Similar powers delegated to Head of Venues, Housing and Personal Services, L15)

                               Delegated from the ENVIRONMENT COMMITTEE

F3          Bus Fares/Routes: To lodge objections with the appropriate authority to applications
            from bus operators to raise fares or alter routes or schedules, after consultation with the
            Chairman.
F4          Neighbourhood Watch Schemes: To implement proposals that accord with the general
            principles of such schemes as agreed from time to time by the Committee
F5          Public Transport: To consider and comment upon public transport matters of concern to
            the Borough Council and to forward comments to appropriate bodies, after consultation
            with the Chairman




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                             HEAD OF REGULATORY SERVICES
           (and other Officers specified in Schedule approved by the Social Committee)
      In respect of those matters that are the responsibility of the Social Committee, the
   Environmental Health Service Manager and other specified officers to act in all matters
delegated to the Head of Regulatory Services in accordance with the Schedule approved by the
                      Social Committee, which is to be reviewed annually
SECTION H


                                    Delegated from the SOCIAL COMMITTEE

H1          Food Safety
H 1.1       To administer the provisions of the appropriate legislation as the Council’s enforcement
            officer and to appoint authorised officers.
H 1.2       To appoint a Public Analyst and Food Examiner to act for the Council.
H 1.3       To act in accordance with the powers conferred by relevant food safety legislation as set
            out in paragraph 3 of the Schedule approved by the Social Committee.
H 1.4       With the Chief Solicitor to institute proceedings under Regulation 8 of the Food Premises
            (Registration) Regulations 1991 - Registration of a Food Business.
H2          General
H 2.1       To appoint suitably qualified officers or authorise other suitable individuals to discharge
            Environmental Health functions.
H 2.2       To authorise officers to have powers of entry in relation to Environmental Health matters.
H 2.3       To instigate legal proceedings in respect of offences in relation to Environmental Health
            matters, subject to the agreement of the Chief Executive or Chief Solicitor; specifically
            against food hawkers during “Derby Week” under the Offices, Shops and Railway
            Premises Act 1963 and the Health and Safety at Work etc. Act 1974, for breaches of the
            requirements relating to licensing of public regulated entertainment and gambling
            premises, non-compliance with statutory notices, food safety matters, littering and
            fouling of footways by dogs.
H 2.4       To administer formal cautions, in conjunction with the Chief Solicitor in respect of any
            offences contrary to legislation within the Committee’s terms of reference.




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HEAD OF REGULATORY SERVICES (cont.)
H 2.5       To instigate works in default and any other appropriate action in order to ensure
            requirements of Notices are complied with.
H 2.6       To issue Notices requiring the provision of any information considered reasonably
            necessary to discharge Environmental Health functions.
H 2.7       To issue Notices or take such other action as may be appropriate on Environmental
            Matters.
H3          Health and Safety: To enforce the relevant provisions of Health and Safety legislation as
            set out in paragraph 4 of the Schedule approved by the Social Committee.
H4          Health Promotion: To undertake training programmes, publicity and other promotional
            activities in relation to Environmental Health.
H5          Housing
H 5.1       To carry out responsibilities under relevant housing legislation as set out in paragraph 6
            of the Schedule approved by the Social Committee.
H 5.2       To issue Notices and orders in relation to the repair or unfitness of individual premises.
H 5.3       To issue Notices in relation to overcrowding in residential premises.
H 5.4       To issue Notices, directions or orders in relation to houses in multiple occupation with
            reference to repair, fitness, overcrowding, amenities and means of escape, and
            management; to vary the adopted standards for homes in multiple occupation in
            individual cases.
H 5.5       To regulate the use and operation of common lodging houses.
H 5.6       To approve grants and to authorise payment of such grants in accordance with Council
            policy.
H 5.7       To take action in relation to the breach of grant conditions and to require repayment
            where appropriate.
H 5.8       To investigate cases of harassment and illegal eviction and instigate legal proceedings.
            (Similar powers also delegated to Chief Solicitor, D1.1)
H 5.9       To make arrangements for the restoration of supply of water, gas or electricity in
            appropriate cases.
H6          Public Control/Licensing
H 6.1       To appoint designated staff as inspectors and undertake enforcement activities in relation
            to shops and working hours under the Shops Act 1950 and the Sunday Trading Acts 1994
            and 2004.
H 6.2       To issue licences and instigate legal proceedings where appropriate for breach of
            conditions in accordance with relevant licensing and public control legislation as set out
            in paragraph 5 of the Schedule approved by the Social Committee.
H 6.3       To issue Notices for the provision of sanitary accommodation at places of public
            entertainment.




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HEAD OF REGULATORY SERVICES (cont.)

                                  Delegated from the LICENSING COMMITTEE

H.6.4       To issue, but not refuse, premises and personal licences where these are not contentious
            or opposed, to impose special conditions or vary standard conditions and to instigate
            legal proceedings where appropriate for breach of conditions in relation to those licences
            in accordance with relevant licensing legislation as set out in the Schedule approved by
            the Licensing Committee.

                                    Delegated from the SOCIAL COMMITTEE

H 6.5       To register and regulate lotteries and the use of gaming machines, to register Pools
            Promoters under the Betting Gaming and Lotteries Act 1963, the Gaming Act 1968 and
            the Lotteries and Amusements Act 1976.
H7          Public Health
H 7.1       To issue Notices and take such other action as may be appropriate to protect the public
            health, including: -
            (1)     Sanitation of buildings and other dwellings.
            (2)     Closets, drains, sewers.
            (3)     Refuse, noxious matter and litter.
            (4)     Water supply.
            (5)     Cleansing, disinfecting and disinfestation of premises, articles and persons.
            (6)     Prevention and notification of disease.
            (7)     Offensive trades.
            (8)     Any other nuisance or matters of public health significance
H 7.2       To issue Notices and take such other action as may be appropriate to control pests of
            public health significance.
H 7.3       To serve notice under S29 of the Local Government (Miscellaneous Provisions) Act 1982
            where empty properties represent a health risk.
H 7.4       To make arrangements for collection of medical waste.
H 7.5       To undertake all matters relating to burials and cremation under The Public Health
            (Control of Diseases) Act 1984, including the administration of the deceased person’s
            estate.
H 7.6       To determine all matters in respect of cemeteries, other than the fixing of the scale of fees
            and charges, in accordance with appropriate legislation as set out in paragraph 1 of the
            Schedule approved by the Social Committee.
H 7.7       Churchyards: To secure the maintenance of the Parish churchyards of St Martin’s,
            Epsom and St Mary’s, Ewell.
H8          Pollution/the environment
H 8.1       To act in accordance with the powers conferred by relevant environmental legislation as
            set out in paragraph 2 of the Schedule approved by the Social Committee.
H 8.2       To appoint Officers to enforce the Clean Air Act 1993 and to instigate legal proceedings
            after consultation with the Chief Solicitor.


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HEAD OF REGULATORY SERVICES (cont.)
H9          Excavations on Land: To prevent danger from excavations on land accessible to the
            public.

                               Delegated from the ENVIRONMENT COMMITTEE

H 10        Land Drainage: To maintain, improve and construct land drainage works; to maintain
            flow in watercourses; to deal with the deposit of soil on banks; and to carry out works in
            default of the responsible party.
H 11        Hackney Carriage and Private Hire Licensing
H 11.1      To exercise the powers and performance of functions under legislation including the
            Town Police Clauses Acts 1847 and 1889, the Private Hire Vehicles (Carriage of Guide
            Dogs etc) Act 2002, the Public Health Acts 1875 and 1925, the Disability Discrimination
            Act 1995 and the Local Government (Miscellaneous Provisions) Act 1976 and any
            regulations, byelaws or orders made thereunder.
H 11.2      To agree applications, which comply with, and refuse applications that do not comply
            with, the above regulations.
H 12        House to House Collections: To authorise or refuse applications for the conduct of
            public charitable collections in accordance with the Charities Act 1992, the House to
            House collections Act 1939 and the House to House Collections Regulations 1947.
H 13        Street Trading Licences: Through the Business Centre, to issue Street Trading Licences
            for trading on the public highway in compliance with the Council's conditions and to
            instigate legal proceedings for unlawful street trading

                                  Delegated from the PLANNING COMMITTEE

H 14        Building Regulations Relaxation or Dispensation:         To determine applications for
            relaxation or dispensation of Building Regulations.
H 15        Contravention of Building Regulations: In consultation with the Chief Solicitor, to deal
            with contraventions of Building Regulations, including the service of notices.
H 16        Dangerous Structures and Contraventions: To exercise powers and duties of the
            Council relating to dangerous structures and contravention of Building Regulations
            where urgent action is required.
H 17        To approve or reject applications under Building Regulations and relevant parts of (a)
            Public Health Acts (b) Clean Air Act (c) Thermal (Industrial Buildings) Act (d) Surrey
            County Council Act and (e) Fire Precautions Act, relating to buildings.
H 18        To sign Building Regulation Notices.




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                                           HEAD OF SERVICES
SECTION I


                               Delegated from the ENVIRONMENT COMMITTEE

I1          Dumping: To deal with unauthorised dumping and removal of refuse.
I2          Vehicles
I 2.1       Goods Vehicle Operators: To give directions to ensure that all transport and other road
            going items used by the Council are maintained in a legal and roadworthy condition, and
            that their operation and the employment of drivers both accord with statutory
            requirements.
I 2.2       Illegal or Unsafe Vehicles: To withdraw from use any vehicle or road-going item used
            by the Council which is judged to be in an illegal or unsafe condition
I 2.3       To procure all licensed vehicles, and all related plant and equipment of either chemical or
            electrical nature (including all those used under the requirements of the Council’s
            Operators Licence) with the duties of the Council, in accordance with Financial
            Regulations and Standing Orders with respect to contracts.
I3          Waste
I 3.1       To waive the current charge in relation to civic amenity collection costs in exceptional
            circumstances.
I 3.2       To waive charges for refuse bins.
I 3.3       To implement a discount structure for trade refuse charges in consultation with Director
            of Finance.
I 3.4       To take appropriate action requiring the provision of refuse receptacles and receptacles
            for collection of commercial and industrial waste.
I 3.5       To take appropriate action in respect of the collection of controlled waste.




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                     HEAD OF STREETCARE DIRECTOR OF OPERATIONS
SECTION J


                               Delegated from the ENVIRONMENT COMMITTEE

J1          Abandoned Vehicles: To remove abandoned vehicles.
J2          Car Parks
J 2.1       To undertake such works to all car parks including boundary walls and fences owned by
            the Council or in which the Council has an interest, including the preparation of details of
            works, and invitation to tender, in accordance with Standing Orders relating to Contracts
            and Financial Regulations, and including the procurement of goods and services in
            connection with such works.
J 2.2       To write off car park excess charges where valid reasons exist for doing so.
J3          Litter
J 3.1       To issue street litter control Notices.
J 3.2       To designate litter control areas.
J 3.3       To serve (waste abatement) Notices concerning litter and refuse on private land.
J 3.4       To appoint officers to serve fixed price penalty tickets for the dropping of litter.
J4          Council Streetworks
J 4.1       To recover expenses for the maintenance of highways due to damage caused by building
            works.
J 4.2       To provide and maintain public lighting and to deal with the attachment of street lamps to
            buildings.
J 4.3       To provide, maintain and remove signs.
J 4.4       To deal with danger caused by trees, shrubs or hedges overhanging the highway and to
            have powers of entry to survey and carry out works and to serve notice of requisition for
            information or for reimbursement of costs.
J 4.5       To approve plans, sections etc.; Notices of commencement of work; requirements as to
            the mode of execution of work and reinstatements, and as to safety and obstruction or
            works being undertaken by any Public Utility or Statutory Undertaker, and to ensure an
            acceptable reinstatement after execution of the works.
J 4.6       To respond to consultations on the construction of footway crossings where they need to
            cross highway amenity land.
J 4.7       To close roads for the purpose of public celebration.
J 4.8       To erect fences and boundary posts and to install refuse, litter or storage bins on
            highways subject to agreement with the Local Transportation Manager.
J 4.9       To approve sponsorships for landscaping of roundabouts, subject to consultations with
            the Local Transportation Manager, with appropriate recreation officers and with the
            Chairman.
J5          Residual Highway Agency (Powers delegated to the Nominated Officer by Surrey
            County Council): To grant and withdraw licences for the planting of trees, plants etc.
            within the highway limit.


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     SUPPORT SERVICES MANAGER (and nominated Customer Services Officer)
SECTION K


                               Delegated from the ENVIRONMENT COMMITTEE

K1          Local Land Charges: To determine all matters in respect of the Local Land Charges
            Function.
K2          Street Naming and Numbering: To deal with all street naming and numbering, subject
            to no objection being received from the Post Office (after consultation with the Chairman
            and the appropriate Ward Members on street naming, and wider consultation with all
            Councillors on street naming for large developments (e.g. involving more than one road,
            such as the Hospital Cluster).




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                  HEAD OF VENUES, HOUSING AND PERSONAL SERVICES
SECTION L


                                    Delegated from the SOCIAL COMMITTEE

L1          Accommodation: To hire accommodation for housing purposes and let it as appropriate.
L2          Arrears
L 2.1       To issue a Distraint Warrant to the Council Bailiff in respect of occupants of temporary
            accommodation (Bed & Breakfast) in arrears.
L 2.2       To authorise proceedings to be instituted for recovery of rent arrears in appropriate cases.
L 2.4       To authorise the service of Notice to Quit in appropriate cases.
L3          Caravan Sites: To manage caravan sites and the waiting list for vacant pitches.
L4          Community Alarm Scheme
L 4.1       To assess applicants.
L 4.2       To undertake the installation and testing of units in liaison with Guildford Borough
            Council.
L5          Community/Day Centres
L 5.1       To manage the lettings and general operation of the Community/Day Centres.
L 5.2       After consultation with the Director of Finance, to vary the agreed charges for hire of
            facilities to maximise their use.
L6          Housing Accommodation
L 6.1       To provide and manage temporary accommodation according to legislation.
L 6.2       In appropriate circumstances to provide furniture, facilities for meals, laundry services,
            and financial assistance towards removal expenses for occupants of temporary
            accommodation and, in exceptional circumstances, for displaced persons.
L 6.3       To enter into Partnership Schemes and development with other agencies (including
            Registered Social Landlords) for housing needs.
L 6.4       To assess and determine homeless applications according to legislation, provide interim
            accommodation, make and receive referrals to and from other Authorities and assist in
            the protection of personal property.
L 6.5       To enter into Partnership Schemes and developments for people in housing need.
L 6.6       To provide a housing advice and information service in accordance with legislation.
L 6.7       To administer a waiting list for people in housing need, including the homeless, as a
            means of determining the priority of applicants for permanent housing, according to
            legislation and Council policy.
L 6.8       To arrange nomination for tenancies of people in housing need to Registered Social
            Landlords.
L 6.9       To approve internal decoration work to be carried out for occupants of temporary
            accommodation in accordance with Council policy.
L 6.10      To accept or reject applications to the Housing Needs Register made under the Scheme,
            and to make nominations from this Scheme to Registered Social Landlords.

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HEAD OF VENUES, HOUSING AND PERSONAL SERVICES (Cont.)
L 6.11      To determine appeals in cases of disputed decisions regarding housing provision, in
            consultation with the Chairman of the Committee.
L7          Meals on Wheels: To manage the Meals on Wheels Service.
L8          Services for the Elderly: To revise charges in accordance with Council policy for
            services for the elderly.
L9          Services procured by other agencies: To negotiate terms and provide services for the
            elderly on behalf of other funding agencies.
L 10        Transport:  To provide and maintain transport provision (including to the
            Community/Day Centres).

                        Delegated from STRATEGY AND RESOURCES COMMITTEE

L 11        To approve grants to voluntary organisations after consultation with the Chairmen of the
            Social and Leisure Committees and the opportunity for Members of those committees to
            request that the item be considered by the relevant committee.

                                    Delegated from the LEISURE COMMITTEE

L 12        Animals: To regulate the sale of pet animals.
L 13        Charges: After consultation with the Chairman and the Director of Finance, to vary the
            agreed charges for hire of an admission to facilities in order to maximise their use by the
            promotion of special offers.
L 14        Recreation Facilities: To programme and let all the facilities under its control, any
            refusals for lettings being reported to the next meeting.
L 15        Special Events: To promote, organise and execute special events of a recreation nature.
            (Similar powers delegated to Head of Policy, F2)




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HEAD OF PLANNING DEVELOPMENT CONTROL AND DIRECTOR OF OPERATIONS
SECTION M


                                  Delegated from the PLANNING COMMITTEE

M1          County Council Matters: To determine whether or not any application for planning
            permission is required, or if an established use certificate appears to relate to a County
            matter.
M2          Determination of Planning Applications: That the following issues be determined
            irrespective of whether or not objections are received: -
                    Approval of Reserved Matters
                    Refusal of proposals that conflict with policies
                    Applications for lopping and topping of preserved trees
                    Applications for felling preserved trees (and any replacement), after consultation
                     with the Chairman
                    Determination of permitted development and Prior Notifications, including
                     telecommunications
                    Determination of Certificates of Lawful Use or Development
                    Fire Escapes
                    Shop fronts, (including listed building consent applications)
                    Domestic garages
                    Boundary fences and walls
                    Minor works (of a non-controversial nature) to listed buildings
                    Porches
                    Dormer extensions and conversion of the roof space
                    Vehicular hard-standings
                    Change of use from non-retail to retail use within established shopping areas
                    Change of use of shops to residential use outside shopping centres
                    Minor advertisements
                    Hard-surfacing and landscaping proposals
                    Domestic Extensions that comply with policy
                    Renewal of Planning permission
                    Minor changes to previously approved schemes
M3          To determine any other applications considered acceptable by the Head of Planning
            Chief Planning Officer, although not strictly in accordance with policy, subject to no
            objections being received.
M4          To determine any other minor development which the Chief Planning Officer considers
            non-controversial.
M5          To determine any matter not listed in items M 2, 3 and 4 above unless a member of the
            Committee requests that it be considered by the Committee or unless any other ward
            member, after consultation with the Planning Committee Chairman and Head of
            Development Control Planning or the Head of Planning Policy, Design and Projects, so
            requests.

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HEAD OF PLANNING DEVELOPMENT CONTROL AND DIRECTOR OF OPERATIONS
(cont.)
M6          Development by Other Local Authorities: To lodge holding objections to development
            proposals of other local authorities where, because of the statutory time limit, it would
            not have been possible to obtain the views of the Committee.
M7          Fly posting: To commence legal proceedings to deal with flyposting.
M8          Highways
M 8.1       To lodge holding objections to highway and traffic proposals by other local authorities
            where, because of the statutory time limit, it would not have been possible to obtain the
            views of the Committee.
M 8.2       To propose improvements for highway problem areas.
M 8.3       To give views on proposals for the diversion of footpaths and bridleways.
M9          Notification of Neighbours: To determine the extent to which neighbours are to be
            notified of development adjoining their property; above the level required by legislation.
M 10        Overhead Wires: To deal with representations on proposals for placing of overhead
            wires.
M 11        Planning and Consultations: To respond to the following planning consultations: -
            (a)      Consultations under general regulations (Regulation 10) by the Surrey County
                     Council or adjoining local authority that are of a minor and non-controversial
                     nature and in respect of which no unresolved objections are received.
            (b)      Consultations under Circular 7/77 by Government Departments (Health
                     Authorities, Department of Employment etc.) which are of a minor and non-
                     controversial nature and in respect of which no unresolved objections are
                     received.
            (c)      Consultations under Article 15 of the GDO by adjoining local authorities in
                     respect of private development of a minor or non-controversial nature and in
                     respect of which no unresolved objections are received by this Council.
M 12        Planning Notices: To serve Planning Contravention Notices, Enforcement Notices (after
            consultation with Ward Members) and Breach of Conditions Notices.
M 13        To sign Planning Decision Notices.
M 14        Pipelines: To approve plans to lay pipelines.
M 15        Private developments of a minor nature within the curtilage of a School (generally by
            PTA): To determine such planning applications.
M 16        Publicity: To approve, after consultation with the Chief Executive, publicity on all
            matters in relation to planning control generally.




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HEAD OF PLANNING DEVELOPMENT CONTROL AND DIRECTOR OF OPERATIONS
(cont.)
M 17        Stop Notice: In conjunction with the Chief Solicitor to serve Stop Notices after
            consultation with the Chairman.
M 18        Temporary and minor uses of land and buildings: To determine such planning
            applications in connection with approved development schemes.
M 19        Town and Country Planning General Development Orders: To make Directions or
            notify applicants of the requirement for further information pursuant to the provisions of
            Town and Country Planning General Development Order.
M 20        Town and Country Planning (Fees for Applications and Deemed Applications)
            Regulations: To determine the amount of fee payable in respect of applications and
            deemed applications for planning permission, for approval of reserved matters and
            applications for consent to display advertisements.
M 21        Tree Preservation Orders: In cases of urgency, after consultation with the Chairman of
            the Committee, to discharge the function of the Council relating to the making of Tree
            Preservation Orders under the appropriate legislation.
M 22        High Hedges: To determine high hedge complaints, provided that a Member of the
            Committee has not requested that a complaint be considered by the Committee.
M 23        Control of Advertisements: To authorise notices requiring discontinuance of the display
            of an advertisement and to commence legal proceedings, in consultation with the Chief
            Solicitor, for the removal of advertisements requiring express consent, when such
            consent would not have be forthcoming or had been refused.

           HEAD OF PLANNING DEVELOPMENT CONTROL & THE PLANNING
                                 ENFORCEMENT OFFICER
M 24        Powers of entry: To enter land pursuant to Section 324 of the Town and Country
            Planning Act 1990 and Section 88 of the Planning (Listed Buildings and Conservation
            Areas Act) 1990.




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        HEAD OF CUSTOMER SERVICES (and designated Customer Services Officer)
SECTION N


                                    Delegated from the SOCIAL COMMITTEE

N1          In the absence of the Head of Regulatory Services, to be the authorised Officer under
            existing legislation to deal with the Control of Stray Dogs and to take appropriate action
            in respect of dangerous dogs.

                               Delegated from the ENVIRONMENT COMMITTEE

N 2.1       In the absence of the Head of Services, to waive the current charge in relation to civic
            amenity collection costs in exceptional circumstances.
N 2.2       In the absence of the Head of Services, to waive charges for refuse bins.
N3          In the absence of the Head of Streetcare, to write off car park excess charges parking
            fixed penalty notices where valid reasons exist for doing so.




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                                   PART 4: RULES OF PROCEDURE


                                                                Page

(a)     COUNCIL PROCEDURE RULES (STANDING ORDERS)               …2

(b)     ACCESS TO INFORMATION PROCEDURE RULES                   …24

(c)     BUDGET AND POLICY FRAMEWORK PROCEDURE RULES             …29

(d)     OVERVIEW AND SCRUTINY RULES                             …31

(e)     FINANCIAL REGULATIONS                                   …37

(f)     CONTRACT STANDING ORDERS                                …60

(g)     OFFICER EMPLOYMENT PROCEDURE RULES                      …71




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(a)     COUNCIL RULES OF PROCEDURE (STANDING ORDERS)


                                                                        Page
SECTION A - RELATING TO PROCEDURES OF THE COUNCIL


1       Meetings of the Council                                         …5
2       Public Access                                                   …5
3       Order of Business                                               …5
4       Motions for Debate                                              …6
5       Motions which may be moved without notice                       …7
6       Questions in writing                                            …8
7       Minutes                                                         …8
8       Rules of Debate                                                 …9
9       Procedure upon presentation of Recommendations of Committees,   …12
        Sub-Committees and Advisory Panels
10      Motions on Expenditure                                          …13
11      Motions affecting persons employed by the Council               …13
12      Rescission or alteration of previous resolution                 …13
13      Withdrawal of Reports                                           …13
14      Voting                                                          …14
15      Voting on the Filling of Appointments or Positions              …14
16      Disorderly Conduct                                              …14
17      Guillotine                                                      …15
18      Adjournment of Meetings                                         …15
19      Suspension of Standing Orders                                   …15

SECTION B - RELATING TO THE CONDUCT OF COMMITTEES, SUB-
COMMITTEES AND ADVISORY PANELS

20      Appointment                                                     …16
21      Composition of Committees; substitutes                          …16
22      Vacancies                                                       …16
23      Attendance                                                      …17
24      Election and Duties of Chairmen                                 …17
25      Quorum                                                          …18
26      Other rules for conduct                                         …18
27      Voting                                                          …18

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28      Standing Orders applying to the Committees, Sub-Committees and …18
        Advisory Panels
29      Advisory Panels                                              …19
30      Licensing                                                    …19
31      Emergency Committee                                          …19
32      Terms of Reference and Delegated Powers                      …19
33      Recommendations to Council Meeting                           …20
34      Special Meetings                                             …20
35      Public speaking at meetings of Committees                    …20

SECTION C - RELATING TO THE CONDUCT OF MEMBERS


36      Non-Attendance                                               …21
37      Council Tax and Restrictions on Voting                       …21
38      Involvement of Members in Contracts                          …21
39      Officers’ Reports                                            …21
40      Inspection of Documents                                      …21
41      Outside Meetings                                             …22
42      Confidentiality and Publicity                                …22
43      Correspondence and Petitions                                 …22

SECTION D - GENERAL MATTERS


44      Matters of Urgency                                           …23




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                                           INTRODUCTION

                                                           Issued: July 2002, revised November 2006

The purpose of these rules (Standing Orders) is to regulate the Proceedings and Business of the
Council, Committees, Sub Committees and Advisory Panels of the Borough of Epsom and Ewell to
ensure that the Council’s business is carried out honestly, fairly and efficiently. They should be
used to guide Councillors towards making the right decisions, not to make debating points or
unreasonably to obstruct business.




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               SECTION A - RELATING TO PROCEDURES OF THE COUNCIL


1.      Meetings of the Council

        1.1      The meetings of the Council shall normally be held at the Town Hall, The Parade,
                 Epsom.

        1.2      All meetings of the Council shall start at 1930 hours unless otherwise stated on the
                 Summons.

        1.3      An extraordinary meeting of the Council may be called at any time by the Mayor.

        1.4      The Mayor may, after consultation with the Chairman/Leaders of all groups
                 represented on the Council, cancel a scheduled meeting of the Council if he/she is
                 satisfied that there is insufficient business and that no-one will be prejudiced by
                 leaving any item to the next meeting.

        1.5      If the Mayor refuses to authorise the Chief Executive to call an extraordinary
                 meeting of the Council after a requisition for that purpose, signed by five Members
                 of the Council, has been presented to him, or if, without so refusing, the Mayor does
                 not authorise the calling of an extraordinary meeting within seven days after the
                 requisition has been presented to him, then any five Members of the Council, on that
                 refusal or on the expiration of those seven days, as the case may be, may forthwith
                 require the Chief Executive to call an extraordinary meeting of the Council.

        1.6      No business may be transacted at a meeting of the Council unless at least one half of
                 the Members of the Council are present.

        1.7      If the Mayor is present he/she shall preside at meetings of the Council unless he/she
                 has declared an interest in the matter under discussion. Any power or duty assigned
                 to the Mayor in relation to the conduct of a Council meeting may be exercised by the
                 Deputy Mayor or other person presiding at the meeting.

2.      Public Access

        2.1   Public access will be granted in accordance with the Rules set out in Part 4 of the
        Council’s Constitution.

3.      Order of Business

        3.1      Except where the Council on the grounds of urgency varies the order of business in
                 accordance with SO 3.5, the order of business at every meeting of the Council other
                 than at the Annual Meeting shall be-

                 3.1.1   To choose a person to preside if the Mayor is absent.
                 3.1.2   To approve as a true record the Minutes of the last meeting of the Council, a
                         copy of which shall be circulated to each Councillor not later than the date of
                         issue of the summons to attend the meeting, subject only to SO 7.2.
                 3.1.3   To deal with business expressly required by statute to be done.
                 3.1.4   To receive such communications or deal with such business as the Mayor
                         may wish to lay before the Council.

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                 3.1.5   To answer questions asked pursuant to SO 6.
                 3.1.6   To dispose of business (if any) remaining from the last meeting.
                 3.1.7   To receive, consider and, where appropriate, adopt reports, recommendations
                         or Minutes of Committees, Sub-Committees and Advisory Panels.
                 3.1.8   To receive and consider reports from the Chief Executive as Head of the Paid
                         Service or from the Monitoring Officer or from the Director of Finance as
                         Chief Finance Officer.
                 3.1.9   To authorise the sealing of documents when the Council's specific authority
                         is required.
                 3.1.10 To consider notices of motion for debate in the order in which they have been
                        received.
                 3.1.11 Other business, if any, specified on the agenda.
                 3.1.12 Any business which in the view of the Mayor and the Chief Executive is
                        urgent and cannot be dealt with by one of the Council’s Committees.

        3.2      The summons shall specify the business to be transacted and the reports shall where
                 possible be circulated with the summons. With the exception of any item under
                 3.1.12 above, business at Council meetings may not be transacted under the headings
                 in SO 3.1 unless the subject has been specified in the summons.

        3.3      At the Annual Meeting of the Council the election of the Mayor shall be the first
                 business transacted and the business specified under SO 3.1.5 and 3.1.10 shall not be
                 included except where the Mayor rules otherwise on the grounds of urgency.

        3.4      Any business which the Council decides shall be dealt with after the press and public
                 have been excluded shall be considered after all other business to be dealt with at
                 that meeting has been disposed of.

        3.5      A motion to vary the order of business on the ground of urgency: -

                 3.5.1   shall not displace business falling under SO 3.1.1 or, in the case of the
                         Annual Meeting, the election of the Mayor;
                 3.5.2   may, at any time when an item of business on the agenda has been disposed
                         of, be proposed either by the Mayor or by any member;
                 3.5.3   if proposed by the Mayor, may be put to the vote without being seconded,
                         notwithstanding SO 8.2.
                 3.5.4   shall be put to the vote without discussion.

4.      Motions for Debate

        4.1      Every motion shall be relevant to some question over which the Council has power,
                 or which, in the opinion of the Mayor, affects the Borough.
        [A motion is a formal proposal put before the meeting of Full Council or a committee
        recommendation to Full Council or a committee decision which has been made a
        recommendation to Full Council.]




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        Notice by Members

        4.2      Except as provided by SO 5 (Motions which can be moved without notice), every
                 motion for debate shall be subject to notice in writing, signed by the Member or
                 Members of the Council giving the notice, and delivered at least seven clear working
                 days * before the next meeting of the Council, at the office of the Chief Executive,
                 by whom it shall be dated, numbered in the order in which it is received and entered
                 in a book which shall be open to the inspection of every Councillor.
        [* For a meeting of the Council held on a Tuesday the closing date for notices of motion
        pursuant to SO 4 is the Thursday (1700 hours) prior to the week immediately preceding the
        meeting.]

        Notice must be set our in Summons

        4.3      Every notice of motion shall be submitted to the Mayor by the Chief Executive and
                 if the Mayor rules that the motion is not in order it shall not be inserted in the
                 summons for the meeting of the Council and the Member or Members who gave the
                 notice shall be so informed with the reason for such ruling.

        4.4      The Chief Executive shall insert in the summons for every meeting of the Council,
                 except the Annual Meeting, the text of all motions for debate other than those ruled
                 by the Mayor to be out of order, in the order in which they have been received,
                 unless the Member giving notice has, when giving it, indicated in writing that he/she
                 proposes to move it at some later meeting or has withdrawn it in writing.

        Dealing with Notices of Motion at the Council Meeting

        4.5      Motions for which notice has been duly given, the subject matter of which comes
                 within the province of any Committee, Sub-Committee or Advisory Panel shall stand
                 referred without discussion to such body for consideration and report in conjunction
                 with the motion at the next succeeding meeting of the Council. Such motions shall
                 only be formally moved and seconded and speeches pursuant to SO 8.5 will be
                 reserved until the motion is discussed, unless the Mayor, on grounds of urgency,
                 considers it convenient and would facilitate the business to allow such motion to be
                 decided at the meeting at which it is first before the Council.

        4.6      On consideration of a report from a Committee, Sub-Committee or Advisory Panel
                 on a motion formally moved and seconded at a previous Council meeting, the mover
                 and seconder shall first be afforded the opportunity to speak pursuant to SO 8.5.

        4.7      If a motion, notice of which is specified in the summons, be not moved it shall,
                 unless postponed by consent of the Council, be treated as abandoned and shall not be
                 moved without fresh notice.

        4.8      In the absence from the meeting of the Member or all the Members by whom the
                 notice of motion was given, any other Member authorised by him/her or them in
                 writing may move the same.

5.      Motions which may be moved without notice

        The following motions may be moved without notice: -

        5.1      Appointment of a Chairman of the meeting at which the motion is made.
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        5.2      Motions relating to the accuracy of the Minutes, closure of discussion, adjournment,
                 or order of business.
        5.3      Reference to a Committee, Sub-Committee or Advisory Panel.
        5.4      Appointment of a Committee, Sub-Committee or Advisory Panel or Members
                 thereof, if arising from an item mentioned in the summons to the meeting.
        5.5      Reception and adoption of reports and recommendations of Committees, Sub-
                 Committee or Advisory Panel or Officers and any consequent resolutions including
                 any motions or amendments moved in pursuance of SO 9.7.
        5.6      That leave be given to withdraw a motion.
        5.7      Amendments to motions.
        5.8      Authorising the sealing of documents.
        5.9      Extending the time limit for speeches.
        5.10     That an item of business specified in the summons has precedence (see SO 3.5.2).
        5.11     Suspending Standing Orders (see SO 19).
        5.12     Excluding the press and public.
        5.13     That a Member named under SO 16 be not further heard or do leave the meeting.
        5.14     Giving consent of the Council where it is required by these Standing Orders.

6.      Questions in Writing

        6.1      Provided that there is no relevant paragraph of a report or other relevant item before
                 the Council in respect of which a question may be asked under SO 9.7, a Councillor
                 may: -

                 (a)     If two clear working days’ notice * in writing has been given to the Chief
                         Executive, ask the Mayor or the Chairman of the appropriate Committee,
                         Sub-Committee or Advisory Panel any question relating to business of the
                         Council;
        [* For a meeting of the Council held on a Tuesday the closing date for questions pursuant to
        SO 6 is the preceding Thursday (1700 hours)]
                       and
                 (b)     With the permission of the Mayor, put to him/her or to the Chairman of any
                         Committee, Sub-Committee or Advisory Panel questions relating to urgent
                         business, of which such notice has not been given, but a copy of any such
                         question shall, if possible, be delivered to the Chief Executive not later than
                         1000 hours on the day of the meeting.

        6.2      Every question in writing shall be put and answered without discussion subject to the
                 proviso that one supplementary question which is necessary for the elucidation of the
                 answer given may be put, at the discretion of the Mayor, by the original questioner
                 or, if he/she does not do so, by any other Member and answered without discussion.
                 The person to whom a question has been put may decline to answer if he/she
                 considers it would not be in the public interest to give the information asked for.

        6.3      Where a written question is addressed to the Mayor or to the Chairman of a
                 Committee, Sub-Committee or Advisory Panel and the desired information is
                 contained in any of the Council's publications, it shall be deemed a sufficient reply if
                 the publication containing the information is indicated.

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        6.4      Where the reply to any question cannot conveniently be given orally, it shall be
                 deemed a sufficient reply if the answer is sent to Members of the Council within four
                 working days of the meeting.

7.      Minutes

        7.1      The Mayor shall put the question that the Minutes of the Meeting of the Council held
                 on the day in question be signed as a true record.

        7.2      When a Council meeting is followed by a special or extraordinary meeting, then the
                 following ordinary meeting of the Council shall be treated as a suitable meeting for
                 the signing of the Minutes.

        7.3      No motion or discussion shall take place upon the Minutes, except upon their
                 accuracy, and any question of their accuracy shall be raised by motion. If no such
                 question is raised, or if it is raised, then as soon as it has been disposed of, the Mayor
                 shall sign the Minutes.

8.      Rules of Debate

        Recommendations to Constitute Motions

        8.1      A resolution in the form of a recommendation from a Committee, Sub-Committee or
                 Advisory Panel constitutes a motion which does not require proposing or
                 seconding (see SO 9.5). Members may therefore speak for or against such a
                 recommendation or may move a motion under SO 8.2 to refer the recommendation
                 back to the Committee, Sub-Committee or Advisory Panel or may move an
                 amendment in accordance with SO 8.7.

        Motions and amendments to be moved and seconded

        8.2      The Mayor must not allow a motion or amendment shall not to be discussed unless
                 it has been proposed and seconded, and unless notice has already been given in
                 accordance with SO 4 it shall, if required by the Mayor, be handed to the Mayor in
                 writing before it is further discussed or put to the meeting.

        Seconder may reserve speech

        8.3      When seconding a motion or amendment, a Member may, if he/she then declares
                 an intention to do so, reserve his/her speech until a later period of the debate but has
                 no right to be called last before the relevant Chairman.

        Members to stand when speaking

        8.4      A Member shall stand when speaking and shall address the Chair. Whenever the
                 Mayor rises during the debate, a Member then speaking or standing shall resume
                 his/her seat and the Council shall be silent.

        Subject matter and length of speeches

        8.5      A Member shall direct his/her speech to the question under discussion or to an
                 explanation or to a question of order or to a declaration of interest. No speech
                 shall exceed three minutes except for a Member moving a motion or an amendment

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                 pursuant to SO 4.5 or SO 9.9 and for the Chairman when exercising a right of reply,
                 which speeches shall not exceed five minutes. These times shall only be extended
                 by consent of the Mayor.

        8.6      When called upon by the Mayor to speak a Member shall announce his/her intention
                 of moving or seconding a motion or an amendment or of speaking pursuant to SO
                 8.5 or SO 9.7.

        Amendments

        8.7      An amendment shall be relevant to the motion to which it refers and the Mayor may
                 rule as invalid any amendment he/she considers irrelevant. An amendment shall be: -

                 8.7.1   to delete words; or
                 8.7.2   to delete words and insert or add others; or
                 8.7.3    to insert or add words

        Further amendments

        8.8      A further amendment shall not be moved until the Council has disposed of any
                 amendment previously moved, but a member, other than the mover of the
                 amendment then under consideration, may at any time give notice that he/she intends
                 to move a further amendment.

        8.9      If an amendment is rejected, other amendments may be moved on the original
                 motion. If an amendment is carried, the motion as amended shall take the place of
                 the original motion and shall become the motion upon which any further amendment
                 may be moved.

        Altering Motions

        8.10     The proposer may, with the consent of his/her seconder and of the Council, signified
                 without discussion, alter a motion which he/she has proposed or of which notice has
                 been given. The proposer may, similarly, adopt an amendment which has been
                 proposed and seconded or one that has been stated in accordance with SO 8.8.

        Members not to speak more than once

        8.11     A Member shall not speak more than once on any motion (or amendment) except: -

                 8.11.1 to move a (further) amendment;
                 8.11.2 to move "That the question be now put" (see SO 8.12)
                 8.11.2 on a point of order (see SO 8.14);
                 8.11.3 on a point of explanation (see SO 8.15);
                 8.11.4 to withdraw the motion or amendment (see SO 8.17);
                 8.11.5 in the exercise of a right of reply (see SO 8.19);




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        Motions for closure of discussion [see also SO 18 as to adjournment of meeting.]

        8.12     A Member may rise at the conclusion of a speech of another Member to move
                 without comment:

                 8.12.1 "That the question be now put"
                 8.12.2 "That the debate be now adjourned until..."
                 8.12.3 "That the Council do now adjourn until..."

        8.13     Once such a procedural motion has been seconded, without comment, the Mayor, if
                 he/she considers the question before the meeting has been sufficiently discussed,
                 shall put that procedural motion to the meeting. If it is carried: -

                 8.13.1 in the case of a motion "That the question be now put"

                         the Mayor shall immediately put to the vote the motion, or the amendment
                         under debate followed by, if appropriate, the substantive motion subject to
                         rights of reply given by SO 8.16 and SO 9.9.

                 8.13.2 in the case of the motions "That the debate be now adjourned until ..." or
                        "That the Council do now adjourn until ..."

                         the previous subject of debate or the meeting shall immediately stand
                         adjourned as the case may be to the time and/or date specified in the motion.

        Points of Order or Points of Personal Explanation

        8.14     A Member may rise to make a Point of Order * and shall state at the outset the
                 Standing Order or Statutory provision which he/she considers has been infringed.
        [* A Point of Order is a point of procedure. It relates to an alleged breach of standing order
        or statutory provision. It is not concerned with the arguments or the principles or the
        political views put forward in debate, or with the truth or falsehood, correctness or
        incorrectness of statements made in the course of debate.]

        8.15     A Member may also rise to make a Point of Personal Explanation. *
        [* A Member may find that a later speaker has misunderstood or misquoted him/her. In
        such circumstances the Member is allowed to rise on a point of personal explanation to
        make the desired correction.]

        8.16     A member rising to make a Point of Order or Personal Explanation shall be entitled
                 to be heard immediately. Every Point of Order or the admissibility of a personal
                 explanation shall be decided by the Mayor before the debate proceeds and his/her
                 decision shall be final.




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        Withdrawal of motion or amendment

        8.17     A motion or amendment may be withdrawn by the proposer with the agreement of
                 the seconder and the consent of the Council, which shall be signified without
                 discussion, and no Member shall speak upon it after the proposer has asked
                 permission for its withdrawal, unless that permission is refused. No agreement from
                 a seconder is required when a Chairman is seeking leave to withdraw a
                 recommendation from his/her Committee, Sub-Committee or Advisory Panel.

        Motions which may be moved when a motion is under debate

        8.18     When a motion is under debate no other motion shall be moved except the
                 following:-

                 8.15.1 to amend the motion;
                 8.15.2 to postpone consideration of the motion;
                 8.15.3 to adjourn the meeting (see SO 18);
                 8.15.4 to adjourn the debate;
                 8.15.5 that the question be now put (see SO 8. 12);
                 8.15.6 that a Member be not further heard (see SO 16);
                 8.15.7 that a Member do leave the meeting (see SO 16);

        Right of Reply

        8.19     In a debate on any motion, or amendment to it, the Chairman of the Committee, Sub-
                 Committee or Advisory Panel concerned shall have the opportunity to speak
                 immediately before the mover of the motion or the proposer of an amendment replies
                 to the debate.

        8.20     At the close of the debate on a motion and after the relevant Chairman, the
                 proposer of a motion shall have a right to reply to the debate at the close of the
                 debate upon the motion, immediately before it is put to the vote. If an amendment is
                 proposed to a motion the mover of the amendment shall be entitled to reply after
                 the relevant Chairman at the close of the debate upon the amendment. A Member
                 exercising a right of reply shall not introduce new matter. After every reply to which
                 this Standing Order refers a decision shall be taken without further discussion.

                    [Procedural Note: The sequence of events in debating a motion which is
                    amended is therefore as follows: The Mayor will ask the member who
                    submitted the motion to move its adoption (Councillor A). The motion will
                    be seconded by another member (Councillor B) who may reserve his/her
                    right to speak later in the debate but must do so before the relevant
                    Chairman. (It is a seconder’s responsibility to ensure that he/she indicates
                    that he/she wishes to speak). The Mayor will ask if anyone wishes to speak to
                    the motion and during the debate, a member (Councillor C) may move an
                    amendment. The amendment must be seconded by another member
                    (Councillor D) who may reserve his/her right to speak later in the debate but
                    must do so before the relevant Chairman. Councillor A may elect to accept
                    the amendment, in which case there is no need for debate on it but otherwise
                    the Mayor will allow a debate. Councillors A and B may speak at any time
                    during the debate on the amendment. The Mayor will indicate when he/she
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                    considers the debate on the amendment is reaching its conclusion and will
                    invite the Chairman of the relevant Committee to speak followed by the
                    proposer of the amendment (Councillor C). A vote will then be taken on the
                    amendment without further discussion. If the amendment is carried, it
                    replaces the original motion and will be called by the Mayor to allow an
                    opportunity for other amendments to be moved].

9.      Procedure upon Presentation of Reports of Committees, Sub-Committees or Advisory
        Panels

        9.1      Recommendations from all Committees, Sub-Committees or Advisory Panels shall
                 be printed, circulated to Members of the Council, together with the notice of the
                 Council meeting and presented to the Council.

        9.2      Recommendations from Committees, Sub-Committees or Advisory Panels shall be
                 taken in the order in which they appear in the summons of the meeting. The Mayor
                 may alter the order if in his/her opinion it would facilitate the business of the
                 Council.

        9.3      The paragraphs of a report dealing with separate subjects shall be numbered
                 consecutively. Recommendations to the Council shall be marked alphabetically.

        9.4      Chairmen of the relevant Committees, Sub-Committees or Advisory Panels
                 (including the Independent Chairman of the Standards Committee, who is not a
                 Councillor) shall move the reception of their recommendation and, if they consider it
                 necessary to make any introductory remarks by way of explanation may occupy not
                 more than three minutes for the purpose. By leave of the Mayor this time may be
                 extended. The time limit does not apply when the Chairman of Strategy and
                 Resources Committee presents the annual budget and policy framework, and
                 following such remarks, one spokesman from each of the opposition groups may
                 have up to ten minutes to make a response.

        9.5      The motions for the reception and adoption of a report need not be seconded, and the
                 recommendations shall be put by the Mayor without being formally moved and
                 seconded.

        9.6      Following the reception of a report, each paragraph thereof containing a
                 recommendation shall be separately called by the Mayor.

        9.7      Upon a recommendation being called, any Councillor may put a question to the
                 Chairman of the Committee, Sub-Committee or Advisory Panel with a view to
                 eliciting explanation or information on that subject and, with the consent of the
                 Mayor, may make a short relevant statement of not more than three minutes duration
                 to which the relevant Chairman may reply. This rule also applies to the Chairman of
                 the Standards Committee.

        9.8      A Member shall not be permitted, without the consent of the Council, to speak on a
                 recommendation after the following recommendation has been called by the Mayor.

        9.9      A motion or an amendment to any recommendation may be moved when the
                 recommendation is called by the Mayor, and the Chairman of the Committee, Sub-
                 Committee or Advisory Panel shall have a right of reply immediately before the
                 proposer of a motion or amendment exercises the right of reply pursuant to SO 8.16.
                 This rule also applies to the Chairman of the Standards Committee.

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        9.10     In a debate on a recommendation from another Committee, Sub-Committee or
                 Advisory Panel which has also been considered by Strategy and Resources
                 Committee, the Chairman of Strategy and Resources shall have the right of reply
                 immediately after the Chairman of the other Committee, Sub-Committee or
                 Advisory Panel.

        9.11     Following consideration of a report of a Committee, Sub-Committee or Advisory
                 Panel the motion shall be put by the Chairman "that the report be adopted "or" "that
                 the report, as amended, be adopted", as the case may be and no amendment of such a
                 motion shall be in order.

10.     Motions on Expenditure

        Any motion which is moved otherwise than in pursuance of a recommendation of Strategy
        and Resources Committee (or of another Committee, Sub-Committee or Advisory Panel
        after the recommendation has been approved by Strategy and Resources) and which if
        carried would materially increase the expenditure upon or reduce the revenue of any service
        or would involve capital expenditure, shall when proposed and seconded stand adjourned
        without discussion to the next ordinary meeting of the Council. Any Committee affected by
        such a motion shall consider whether it wishes to report on it. Strategy and Resources
        Committee shall report on the financial aspect of the proposal to the next ordinary meeting
        of the Council.

11.     Motions Affecting Persons Employed by the Council

        If any question arises at a meeting of the Council as to the appointment, promotion,
        dismissal, salary or conditions of service, or as to the conduct of any employee, it shall,
        unless the Council decides otherwise, be considered by the Council after a resolution has
        been passed to exclude the Press and Public from the meeting.

12.     Rescission or Alteration of Previous Resolutions

        12.1     No motion may be moved to rescind or alter any decision of the Council passed
                 within the preceding six months, and no motion or amendment to the same effect as
                 one which has been negatived within the preceding six months, shall be proposed
                 unless: -

                 (a)     it is recommended by a Committee or
                 (b)     notice thereof has been given under SO 4 bearing the names of at least seven
                         Members of the Council.

        12.2     Once such a motion or amendment has been disposed of by the Council, no Member
                 may propose a similar motion within a further period of six months.

13.     Withdrawal of Reports

        No part of the report of a Committee, Sub-Committee or Advisory Panel before the Council
        shall be withdrawn without the consent of the Council.




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14.     Voting

        14.1     Every question shall be decided, unless otherwise determined by the Council, by a
                 show of hands. The Chief Executive shall be responsible for counting and declaring
                 the number of votes cast. On the request of any eight Members, who so signify by
                 rising in their places, the voting on any question shall be recorded in the Minutes so
                 as to show how each Member gave his/her vote and the names of Members not
                 voting shall also be recorded.

        14.2     Where immediately after a vote is taken at a meeting of the Council any Councillor
                 so requires, there shall be recorded in the minutes of the proceedings of that meeting
                 whether that person cast his/ her vote for the question or against the question or
                 whether he/she abstained from voting.

        14.3     If, when the votes are cast, there is an equal number for and against a motion, the
                 Mayor shall have a casting vote.

15.     Voting on the Filling of Appointments or Positions

        15.1     Where there are any appointments or positions to be filled by the Council, and the
                 number of persons nominated exceeds the number of appointments or positions to be
                 filled, voting by ballot shall take place, and the appointment or election shall be
                 made by an absolute majority of those present and voting. If the first vote does not
                 produce an absolute majority, the candidate lowest on the list shall be struck off the
                 list and a fresh vote taken, and so on until an absolute majority of those present and
                 voting is given in favour of the number of the persons required to fill the number of
                 appointments or positions vacant.

        15.2     No nomination shall be withdrawn after voting has commenced.

16.     Disorderly Conduct

        16.1     If at any meeting any Councillor, in the opinion of the Mayor, misconducts
                 him/herself by persistently disregarding the rule of the Chair, or by behaving
                 irregularly, improperly, or offensively, or by wilfully obstructing the business of the
                 Council, the Mayor or any Member may move "That the Member named be not
                 further heard during the debate" or "That the Member named do leave the meeting"
                 and, if seconded, the motion shall be put and determined without discussion. If the
                 latter motion is carried the Member named shall forthwith leave the Chamber for the
                 duration of the item then under discussion.

        16.2     If, after the motion "That the Member named be not further heard during the debate"
                 has been carried, the misconduct or obstruction is continued, and in the opinion of
                 the Mayor the orderly dispatch of business is impossible, the Mayor may without
                 question adjourn or suspend the sitting of the Council for so long as he/she considers
                 necessary, or may request the offending Member to retire from the Council Chamber
                 for the duration of the item under discussion.




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        16.3     If the offending Member does not thereupon retire, a motion may be moved that
                 he/she be removed from the Council Chamber and excluded therefrom for the
                 duration of the item under discussion. Such a motion shall, upon being seconded, be
                 immediately put without debate or amendment and, if carried, the Mayor shall
                 thereupon be authorised to cause the removal from the Council Chamber of such
                 offending Member, who shall be excluded from the meeting for the duration of the
                 item under discussion. The Mayor shall take such measures as he/she considers
                 necessary to prevent such Member re-entering the meeting during the discussion of
                 the item.

        16.4     If a member of the public interrupts the proceedings at any meeting the Mayor may,
                 after warning, order his or her removal from the Council Chamber. In the case of a
                 general disturbance in any part of the Chamber open to the public the Mayor shall
                 order that part to be cleared and, if necessary, may adjourn or suspend the sitting of
                 the Council.

17.     Guillotine

        At Council meetings commencing at 1930 hours, if all business has not been dealt with by
        2300 hours, the Mayor shall then review the order of the remaining items on the agenda.
        Any items still outstanding shall be dealt with in the order announced by the Mayor and in
        order to do so the Mayor may, if necessary, invoke SO 18.5.

18.     Adjournment of Meetings

        18.1     The Council may adjourn any meeting to a later hour on the same day, or to any
                 other day and hour.

        18.2     If any meeting is adjourned to a specified date, the adjourned meeting shall be
                 deemed a continuation of the original meeting. If no date is set for a reconvened
                 meeting, any unfinished business shall be postponed until the next ordinary meeting.

        18.3     No business shall be transacted at any adjourned meeting which was not included in
                 the notice convening the meeting of which it is an adjournment.

        18.4     When any meeting is adjourned to another day, notice of the adjourned meeting shall
                 be sent by the Chief Executive to each Councillor specifying the business to be
                 transacted.

        18.5     Any meeting of the Council which has sat continuously for four hours shall, if items
                 remain to be dealt with, be adjourned to a day and time to be appointed by the
                 Mayor. (See SO17).

19.     Suspension of Standing Orders

        Any of the preceding Standing Orders may be suspended (by a simple majority of those
        present) so far as regards any business at the meeting of the Council where its suspension is
        moved, but except upon notice of motion duly given under S0 4 shall not be suspended
        unless at least two-thirds of the whole number of Members of the Council are present.




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SECTION B - RELATING TO THE CONDUCT OF COMMITTEES, SUB-COMMITTEES
                        AND ADVISORY PANELS


20.     Appointment

        20.1     At its Annual Meeting the Council shall appoint Committees and may at any time
                 appoint such other bodies as are necessary to carry out the work of the Council but,
                 subject to any statutory provision in that behalf: -

                 (a)     shall not appoint any Member of a Committee, with the exception of the lay
                         persons appointed to the Standards Committee so as to hold office later than
                         the next Annual Meeting of the Council;
                 (b)     may at any time alter the membership of a Committee, sub-committee or
                         panel.
                 (c)     may appoint Sub-Committees on a time-limited, project specific basis.

        20.2     A Committee may appoint a Sub-Committee on a time-limited, project specific
                 basis.

21.     Composition of Committees, Sub-Committees and Advisory Panels; Substitutes

        21.1     In accordance with the provisions of the Local Government and Housing Act 1989
                 and the Local Government (Committees and Political Groups) Regulations 1991, the
                 number of seats on Committees, Sub-Committees (other than the Licensing Hearings
                 Sub-Committee) and Advisory Panels allocated to each political group shall bear the
                 same proportion to the total of all seats on the Committees, Sub-Committees and
                 Advisory Panels as is borne by the number of Members of that group to the total
                 Council membership.

        21.2     A Member of a Committee (other than the Standards Committee), Joint Committee,
                 Sub-Committee or Advisory Panel may for the whole of a specified meeting
                 designate as his/her substitute another Member other than a Member of the Scrutiny
                 Committee. The substitute may attend the meeting on behalf of, but not in addition
                 to, the nominating Member and shall be entitled to speak and vote. The nominating
                 Member, or in their absence, the Leader/Chairman of his/her Group, shall inform the
                 Chief Executive or his representative in writing or by e-mail, prior to the meeting in
                 question, that his/her substitute will be attending.

        21.3     Provisions for the appointment of substitutes do not apply to meetings of the
                 Nonsuch Park Joint Management Committee, the Epsom and Walton Downs
                 Conservators and the Licensing Committee or Licensing Hearings Sub-Committee.

22.     Vacancies

        22.1     Any Member of a Committee, Sub-Committee or Advisory Panel may resign his/her
                 seat by a notice in writing signed by him/her and sent to the Chief Executive, who
                 shall forthwith inform the relevant Chairman




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        22.2     Every vacancy on a Committee, Sub Committee or Advisory Panel or an
                 appointment to an external body shall be notified by the Chief Executive to the
                 Council at its first meeting after such vacancy has arisen, and such vacancy shall be
                 filled, if deemed desirable, at the Council Meeting.

23.     Attendance of Members of the Council at Meetings of Committees, Sub-Committees
        and Advisory Panels

        23.1     Any Councillor shall be entitled to attend a meeting of any Committee, Sub-
                 Committee or Advisory Panel of which he/she is not a Member. He/she shall not be
                 entitled to vote, but may speak at such a meeting if permission to do so has been
                 granted by the presiding Chairman subject to SO 23.2 and SO 23.3. This does not
                 apply to the Licensing Committee and Licensing Hearings Sub-Committee.

        23.2     At the discretion of the Chairman of a Committee where a matter of Council-wide
                 importance is to be considered by that body, all Members of the Council may be
                 invited to attend the Meeting and may speak and vote on the issue in question. Any
                 decision made on such a matter may not be the subject of a Recommendation under
                 SO 33 or the subject of call-in. If any Member of the Scrutiny Committee attends
                 and takes part in a decision at such a meeting, then that Member may not call in the
                 decision or take part in any consideration of it by the Scrutiny Committee. If he/she
                 makes it plain publicly to the Chairman that he/she is attending only as an observer,
                 then he/she may take part in a subsequent Scrutiny review or call-in procedure. This
                 Standing Order does not apply to the Licensing Committee and Licensing Hearings
                 Sub-Committee.

        23.3     A Councillor who has proposed a motion which has been referred to any Committee,
                 Sub-Committee or Advisory Panel shall be given notice of the meeting at which it is
                 proposed to consider the motion. The Member shall have the opportunity of
                 speaking first to explain the motion, but may not vote unless he or she is a Member
                 of that Committee, Sub-Committee or Advisory Panel or unless acting as a
                 designated substitute (see SO 21.2).

                 Note: Any member of the Scrutiny Committee may propose or second a motion
                 under this Standing Order. However, if that member then speaks on the item at the
                 meeting of the policy committee to which the motion is referred, he or she would be
                 directly involved in decision-making, even if they do not take part in a vote.
                 Consequently, that Councillor would then need to remove him/herself from any
                 scrutiny of a decision made by the policy committee.

24.     Election and Duties of Chairmen

        24.1     The Council shall at the Annual Meeting elect Chairmen and Vice-Chairmen of
                 Committees, Sub-Committees and Advisory Panels.

        24.2     No Councillor shall be the Chairman of more than one Committee at the same time.

        24.3     Any duty or right assigned to a Chairman of a Committee Sub-Committee or
                 Advisory Panel under Standing Orders may also be performed or exercised by the
                 Vice-Chairman or other person presiding at the meeting.

        24.4     The Minutes of a meeting of the Committee, Sub-Committee or Advisory Panel shall
                 be signed by the Chairman or by the person who presided at the meeting in question.

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25.     Quorum

        At least one quarter of the membership or three Members of the Committee, Sub-Committee
        or Advisory Panel (whichever is the greater number), must be present at a meeting of that
        body in order to transact business, except where authorised by statute or where ordered by
        the Council.

26.     Other rules for conduct of Committees and Sub-Committees

        26.1     There shall be no limit to the length or number of speeches but after a Member has
                 spoken for five minutes the Chairman may, if he/she considers a matter has been
                 sufficiently debated, give warning to a Member then speaking that he/she should
                 conclude his/her speech within two minutes.


        26.2     At 2200 hours (or 2½ hours after a Committee or Sub-Committee meeting has
                 commenced) the Chairman shall review the business remaining to be transacted and
                 shall order the items so as to dispose of all matters requiring a decision by 2230
                 hours. Any matters still outstanding at 2230 hours shall either be agreed as
                 presented without debate or discussion or shall be held over until the next meeting.

        26.3     Standing Orders may be suspended so far as regards any business at a meeting of a
                 Committee or Sub-Committee only if it is agreed by a two-thirds majority of the
                 Members of that Committee or Sub-Committee then present.

27.     Voting in Committees and Sub-Committees

        27.1     All questions shall be determined by a show of hands by a majority of the Members
                 of the Committee or Sub-Committee present and voting. If when the votes are cast
                 there is an equality of votes, the Chairman shall have a second or casting vote.

        27.2     On the request of any four Members, the voting on any question shall be recorded in
                 the Minutes so as to show how each Member voted and to show the names of those
                 not voting.

        27.3     Where immediately after a vote is taken at a meeting of a Committee or Sub-
                 Committee any member of that body so requires, there shall be recorded in the
                 minutes of the proceedings of that meeting whether that person cast his/her vote for
                 the question or against the question or whether he/she abstained from voting.

        27.4     The Chief Executive or his representative shall be responsible for counting and,
                 where necessary, recording the votes cast.

28.     Standing Orders applying to the Committees, Sub-Committees and Advisory Panels

        28.1     The following Standing Orders shall apply to Committees and Sub-Committees: -

                 Nos 2, 3.2, 3.4, 7.2, 11, 15, 16, 18.1-18.4, 21, 22, 23, 24, 25, 26, 27, 31, 32, 33.1, 34,
                 36

        28.2     The following Standing Orders shall apply to Advisory Panels: -

                 Nos 2, 3.2, 3.4, 7.2, 11, 18.1-18.4, 21, 22, 23.1, 24.1, 24.3, 24.4, 25, 27, 29, 32, 34

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29.     Advisory Panels

        29.1     The Council may appoint Advisory Panels for purposes to be specified by the
                 Council.

        29.2     The Council, shall have power to co-opt persons to serve on Advisory Panels, but if
                 they are not Members of the Council, co-opted members will only have the right to
                 vote on such issues as may be determined by the Council.

        29.3     The rules relating to declarations of interest by Councillors shall also apply to non-
                 Councillor Members of an Advisory Panel.

        29.4     At least one quarter of the Council Members of an Advisory Panel must be present at
                 a meeting of the Panel in order to transact business, except: -

                 (a)     Where authorised by statute; or
                 (b)     Where ordered by the Council.

        29.5     At 2200 hours (or 2½ hours after a meeting has commenced) the Chairman shall
                 review the business remaining to be transacted and shall order the items so as to
                 dispose of all matters requiring a decision by 2230 hours. Any matters still
                 outstanding at 2230 hours shall either be agreed as presented without debate or
                 discussion or shall be held over until the next meeting.

30.     Licensing

        The conduct of meetings of the Licensing Committee or Licensing Hearings Sub-Committee
        to determine such Licensing applications as fall within its Terms or Reference is set out
        separately in guidance notes issued to Members of the Committee and set out in Part 5(f) of
        the Constitution.

31.     Emergency Committee

        The Council shall appoint an Emergency Committee which shall be authorised to take any
        decisions during the summer recess or at other times when normal procedures are not
        possible, such as local or national disaster.

32.     Terms of Reference and Delegated Powers

        32.1     All matters specified in the Terms of Reference shall be referred for consideration to
                 the Committees, Sub-Committees or Advisory Panels under whose names such
                 matters appear. Committees shall be authorised to take such action as they think fit
                 in relation to any matters falling within their Terms of Reference, subject to their
                 reporting to the Council with their recommendations thereon where matters of
                 principle or policy are involved.

        32.2     Committees shall consider, recommend to the Council and implement schemes of
                 delegation of authority to: -

                 (a)     Sub-Committees;
                 (b)     Officers;
                 (c)     Officers in consultation with Members.

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        32.3     No Committee shall be empowered to levy or issue a precept for a rate, borrow
                 money, or, unless authorised by the Council so to do, incur any expenditure not
                 provided for in its current estimates, or enter into any contract under seal.

33.     Recommendations to Council Meeting

        33.1     Upon any resolution being made by any Committee or Sub-Committee (subject to
                 33.2, 33.3 and 33.4 below) any one Councillor may require immediately on the
                 resolution being passed, or at any time prior, that such resolution shall be submitted
                 as a recommendation to the next available meeting of the Council. Such requisition
                 shall be recorded in the Minutes of the Committee and the resolution to which it
                 relates shall be so submitted to the Council. No action shall then be taken upon the
                 resolution of the Committee until the matter has been considered by the Council.

        33.2     Standing Order 33.1 shall not apply to resolutions made by the Planning Committee.
                 Upon resolutions made by the Planning Committee, a minimum of three members
                 present and able to vote on the matter under debate may require, immediately upon
                 the resolution being passed, that such resolution shall be submitted as a
                 recommendation to the next available meeting of the Council, except where failure
                 to determine within a strict time limit would mean that planning permission was
                 automatically granted, in which case no recommendation(s) should be made to
                 Council.

        33.3     Standing Order 33.1 shall not apply to resolutions made by the Standards Committee
                 on determining complaints of misconduct against Councillors, nor to the Licensing
                 Committee or Sub-Committee in respect of licensing applications, nor to resolutions
                 of the Scrutiny Committee, nor to resolutions passed at a Committee meeting to
                 which all Councillors have been invited to speak and vote.

        33.4     Standing Order 33.1 shall not apply if the action requesting that a committee’s
                 decision be referred to the Council would have the effect of taking the decision away
                 for the Authority and reversing the decision of the Committee.

34.     Special Meetings

        The Chairman of a Committee, Sub-Committee or Advisory Panel may summon a special
        meeting of that body at any time. A special meeting shall also be summoned within ten
        clear working days on the requisition in writing of at least three of the Members of the
        Committee, Sub-Committee or Advisory Panel. The summons shall set out the business to
        be considered at the special meeting, and no business other than that set out shall be
        considered at that meeting.

35.     Public speaking at meetings of Committees

        35.1     At the discretion of the Chairman, members of the public may address meetings of
                 the Planning Committee, policy committees and any sub committees on matters
                 relevant to the agenda for the meeting for a period of up to three minutes, subject to
                 prior notification of their intention to do so. The Council will make available a copy
                 of the rules governing this procedure at the Town Hall or by post on request.




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                 SECTION C - RELATING TO THE CONDUCT OF MEMBERS


36.     Non-Attendance

        A record shall be kept of the attendance of each Member at meetings of the Council and of
        Committees, Sub-Committees and Advisory Panels. If a Member fails to attend any
        meeting of the Council, Committees, Sub-Committee or Advisory Panels, for a consecutive
        period of six months, he/she shall cease to be a Councillor, unless otherwise determined by
        the Council prior to the expiry of the period.

37.     Council Tax and Restrictions on voting

        If a Councillor owes Council Tax and that sum has remained unpaid for two months he/she
        should, when any matter relating to Council Tax is under discussion in the circumstances set
        out in Section 106 of the Local Government Finance Act 1992, disclose the fact that Section
        106 of the Act applies to him/her and shall not vote. This restriction concerns any decisions
        on budgetary requirements, the level of Council Tax, calculation, enforcement and penalties
        of Council Tax. If a Member is uncertain whether or not this Standing Order applies, he/she
        should seek the advice of the Monitoring Officer.

38.     Involvement of Members in Contracts

        Members shall not undertake private paid work for the Council nor submit tenders for
        Council contracts.

39.     Officers' Reports

        39.1     The Chief Executive is responsible for the compilation and presentation of all reports
                 and documents submitted to the Council. Reports to Committees, Sub-Committees
                 and Advisory Panels may be compiled and presented by the Council’s Service
                 Managers or by the Chairman of the relevant Committee, subject to confirmation by
                 the Chief Executive that the report complies with legal and policy requirements.

        39.2     No Councillor shall request individual officers to prepare reports. Any request shall
                 be made to the Chief Executive or to the appropriate Director who after consultation
                 with the Chairman of the Committee, Sub-Committee or Advisory Panel concerned
                 will decide whether a report is required and will issue instructions accordingly. If at
                 least ten clear working days notice is given, any Member may have an item included
                 on an Agenda to decide whether a report shall be prepared providing the subject
                 matter in question has not been before the Council within the preceding six months.

40.     Inspection of Documents

        Any document which is in the possession or under the control of the Council and contains
        material relating to any business to be transacted at a meeting of the Council or a
        Committee, Sub-Committee or Advisory Panel shall be open to inspection by any
        Councillor, except where such document discloses exempt information.
        [A Councillor has a right to be provided with or to inspect documents which it is reasonable
        for him/her to see in order to carry out his/her duties as a Member. A Councillor has no
        right to a roving commission to browse at large through the Authority's papers (out of mere
        curiosity or for some indirect motive or to act against the Council, e.g. to assist someone in
        litigation with the Council.)]

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41.     Outside Meetings

        A Councillor may not-

        41.1     require officers to attend meetings at sites or premises away from Council offices
                 unless he/she is specifically authorised to do so by the Council or the appropriate
                 Committee, Sub-Committee or Advisory Panel or the Director concerned.
        41.2     issue any order respecting any works which are being carried out by or on behalf of
                 the Council.
        41.3     interview any officer in relation to the exercise or performance of his/her duties,
                 without the approval of the appropriate Director or as laid down in the rules for the
                 conduct of Scrutiny reviews.

42.     Confidentiality and Publicity

        42.1     All documents communicated to Members containing exempt information as
                 referred to in Part 4 of the Council’s Constitution must remain confidential unless
                 the Council, Committee, Sub-Committee or Advisory Panel otherwise decides.

        42.2     The Chairman, or in his/her absence the Vice-Chairman, of any Committee, Sub-
                 Committee or Advisory Panel and the Chief Executive may jointly approve a
                 statement to be issued to the press prior to the meeting of the Council on matters of
                 public interest which have been considered by the Committee, Sub-Committee or
                 Panel.

43.     Correspondence and Petitions

        43.1     Any letter or other document received by a Councillor relating to a matter to be
                 considered by the Council and not being of a personal character shall immediately be
                 forwarded by him/her to the Chief Executive (or relevant Director) so that it can,
                 when necessary, be submitted or reported to the Council or to the appropriate
                 Committee, Sub-Committee or Advisory Panel or otherwise dealt with as the
                 circumstances require.
        [This Standing Order does not affect the right of Councillors to discharge their constituency
        role by dealing with correspondence not requiring consideration by a Committee, Sub-
        Committee or Panel; but such correspondence must not be conducted in the name of the
        Council.]

        43.2     The receipt of any petition shall be reported immediately to the Members of the
                 appropriate Committee. Subject to the agreement of the Chief Executive, the request
                 of the petitioners shall then be investigated and a report on the matter shall be
                 brought to a meeting of that Committee as soon as possible. The organiser of the
                 petition and the Ward Councillors shall be informed of when the issue is due to be
                 considered.




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                                  SECTION D - GENERAL MATTERS


44.     Matters of Urgency

        In the event of any matter of urgency arising which may render necessary the immediate
        exercise of the Council's powers, the Chief Executive after consultation with the Mayor, or
        in his/her absence the Deputy Mayor, and the Chairman of any relevant Committee shall be
        authorised to give such directions or instructions as he/she may consider desirable to deal
        with the situation. The Chief Executive shall report the fact of having given such directions
        or instructions and the reason therefore to the next meeting of the Council or, appropriate
        Committee.




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(b)     ACCESS TO INFORMATION PROCEDURE RULES

1.      Scope

        These rules apply to all meetings of the Council, the Scrutiny Committee, policy and other
        Committees, sub-Committees and the Standards Committee (together called meetings).

2.      Additional rights to information

        These rules do not affect any more specific rights to information contained elsewhere in this
        Constitution or the law (such as the Freedom of Information Act).

3.      Rights to attend meetings

        Members of the public may attend all meetings subject only to the exceptions in these rules.

4.      Notices of meeting

        The Council will give at least five clear days’ notice of any meeting by posting details of the
        meeting at the Town Hall, Epsom.

5.      Access to agenda and reports before the meeting

        The Council will make copies of the agenda and reports open to the public available for
        inspection at the Town Hall designated offices at least five clear days before the meeting. If
        an item is added to the agenda later, the revised agenda will be open to inspection from the
        time the item was added to the agenda. Where reports are prepared after the summons has
        been sent out, the Chief Executive will make each such report available to the public as soon
        as the report is completed and sent to Councillors.

6.      Supply of copies

        The Council will supply copies of any

        (a)      agenda and reports which are open to public inspection
        (b)      further statements or particulars necessary to indicate the nature of the items in the
                 agenda;
        and
        (c)      any other documents supplied to Councillors in connection with an item, if the Chief
                 Executive thinks fit;

        to any person on payment of a charge for postage and any other costs.

7.      Access to minutes etc. After the meeting

        The Council will make available copies of the following for six years after a meeting:

        (a)      the minutes of the meeting excluding any part of the minutes of proceedings when
                 the meeting was not open to the public or which disclose exempt or confidential
                 information;



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        (b)      a summary of any proceedings not open to the public where the minutes open to
                 inspection would not provide a reasonably fair and coherent record;
        (c)      the agenda for the meeting;
        and
        (d)      reports relating to items when the meeting was open to the public.

8.      Background papers

        8.1      List of Background Papers

                 The Chief Executive will set out in every report a list of those documents (called
                 background papers) relating to the subject matter of the report which in his/her
                 opinion:

                 (a)     disclose any facts or matters on which the report or an important part of the
                         report is based
                 and
                (b)      which have been relied on to a material extent in preparing the report

                 but does not include published works or those which disclose exempt or confidential
                 information (as defined in Rule 9.3 and 9.4).

        8.2      Public Inspection of Background Papers

                 The Council will make available for public inspection for four years after the date of
                 the meeting one copy of each of the documents on the list of background papers.

9.      Exclusion of access by the public to meetings

        9.1      Confidential Information - Requirement to Exclude Public

                 The public must be excluded from meetings whenever it is likely in view of the
                 nature of the business to be transacted or the nature of the proceedings that
                 confidential information would be disclosed.

        9.2      Exempt Information - Discretion to Exclude Public

                 The public may be excluded from meetings whenever it is likely in view of the
                 nature of the business to be transacted or the nature of the proceedings that exempt
                 information would be disclosed.

                 Where the meeting will determine any person’s civil rights or obligations, or
                 adversely affect their possessions, Article 6 of the Human Rights Act 1998
                 establishes a presumption that the meeting will be held in public unless a private
                 hearing is necessary for one of the reasons specified in Article 6.

        9.3      Meaning of Confidential Information

                 Confidential information means information given to the Council by a Government
                 Department on terms which forbid its public disclosure or information which cannot
                 be publicly disclosed by Court Order.

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        9.4      Meaning of Exempt Information

                 Exempt information means information falling within the following seven 19
                 categories below provided that in all the circumstances the public interest in
                 withholding the information outweighs the public interest in disclosing the
                 information (subject to any conditions):

        EXTRACTS FROM THE LOCAL GOVERNMENT (ACCESS TO
        INFORMATION)(VARIATIONS) ORDER 2006



        DESCRIPTIONS OF EXEMPT INFORMATIO: ENGLAND

        1.      Information relating to any individual

        2.      Information which is likely to reveal the identity of an individual

        3.      Information relating to the financial or business affairs of any particular
                person (including the authority holding that information)

                (N.B. Information within this paragraph is not exempt if it must be registered
                under:

                a)       the Companies Act 1985

                b)       the Friendly Societies Act 1974

                c)       the Friendly Societies Act 1972

                d)       the Industrial and Provident Societies Acts 1965 to 1978

                e)       the Building Societies Act 1986

                f)       the Charities Act 1993)

        4.      Information relating to any consultations or negotiations, or contemplated
                consultations or negotiations, in connection with any labour relations matter
                arising between the authority or a Minister of the Crown and employees of, or
                office holders under, the authority.

        5.      Information in respect of which a claim to legal privilege could be maintained
                in legal proceedings.

        6.      Information which reveals that the authority proposes:

                a)       to give under any enactment a notice under or by virtue of which
                         requirements are imposed on a person; or

                b)       to make an order or direction under any enactment.

        7.      Information relating to any action taken or to be taken in connection with the
                prevention, investigation or prosecution of crime.



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        Information falling within any of paragraphs 1 -7 is not exempt by virtue of that
        paragraph if it relates to proposed development for which the local planning authority
        can grant itself planning permission under Regulation 3 of the Town and Country
        Planning Act General Regulations 1992.

        The Standards Committee

        When the Standards Committee is considering a matter of Member conduct under
        Section 60 or 64 of the Local Government Act 2000, the following paragraphs are to be
        treated as added to the list of information which can be treated as exempt:

        7A      Information which is subject to any obligation of confidentiality

        7B      Information which relates in any way to matters concerning national security

        7C      The deliberations of a Standards Committee or a Sub-Committee of
                Standards Committee established under the provisions of Part 3 of the Local
                Government Act 2000 in reaching any findings on a matter referred under
                the provisions of Section 60(2) or (3), 64(2), 70(4) or (5) or 71(2) of that Act.


        Category                                       Condition
        1. Information relating to a particular        Information is not exempt information
        employee, former employee or applicant to      unless it relates to an individual of that
        become an employee, or a particular            description in the capacity indicated by the
        officer-holder, former office-holder or        description, i.e. it must relate to and be
        applicant to become an office-holder, of the   recognisable as referring to a particular
        Authority.                                     individual in the roles indicated.
        2. Information relating to a particular        Information is not exempt information
        employee, former employee or applicant to      unless it relates to an individual of that
        become an employee of, or a particular         description in the capacity indicated by the
        office-holder, or office-holder or applicant   description, i.e. it must relate to and be
        to become an office-holder under, a            recognisable as referring to a particular
        Magistrates’ Court Committee or Probation      individual in the roles indicated.
        Committee.
        3. Information relating to any particular      Information is not exempt information
        occupier or former occupier of, or applicant   unless it relates to an individual of that
        for, accommodation provided by or at the       description in the capacity indicated by the
        expense of the Authority.                      description, i.e. it must relate to and be
                                                       recognisable as referring to a particular
                                                       individual in the roles indicated.
        4. Information relating to any particular      Information is not exempt information
        applicant for, or recipient or former          unless it relates to an individual of that
        recipient of any service provided by the       description in the capacity indicated by the
        Authority.                                     description, i.e. it must relate to and be
                                                       recognisable as referring to a particular
                                                       individual in the roles indicated.




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        Category                                       Condition
        5. Information relating to any particular      Information is not exempt information
        applicant for, or recipient or former          unless it relates to an individual of that
        recipient of, any financial assistance         description in the capacity indicated by the
        provided by the Authority.                     description, i.e. it must relate to and be
                                                       recognisable as referring to a particular
                                                       individual in the roles indicated.
        6. Information relating to the adoption, Child means a person under 18 and anyone
        care, fostering or education of any who is 18 and is still registered as a school
        particular child.                        pupil, or is the subject of a care order,
                                                 within the meaning of Section 31 Children
                                                 Act 1989.
        7. Information relating to the financial or Information within category 7 is not
        business affairs of any particular person exempt if it must be registered under
        (other than the Authority).                 various statutes, such as the Companies
                                                    Act or Charities Act. To be exempt the
                                                    information must relate to a particular third
                                                    person who must be identifiable.
        8. The amount of any expenditure proposed      Information within category 8 is only
        to be incurred by the Authority under any      exempt if, and for so long as, disclosure of
        particular contract for the acquisition of     the amount involved would be likely to
        property or the supply of goods or services.   give an advantage to a person entering into
                                                       or seeking to enter into a contract with the
                                                       Authority in respect of the property, goods
                                                       or services, whether the advantage would
                                                       arise as against the Authority or as against
                                                       other such persons.
        9. Any terms proposed or to be proposed by     Information within category 9 is only
        or to the Authority in the course of           exempt if, and for so long as, disclosure to
        negotiations for a contract for the            the public of the terms would prejudice the
        acquisition or disposal of property or the     Authority in those or any other negotiations
        supply of goods or services.                   concerning that property or those goods or
                                                       services. (The disposal of property includes
                                                       granting an interest in or right over it.)
        10. The identity of the Authority (as well as For the purposes of this category ‘tender’
        any other person, by virtue of category 7 includes a DLO/DSO written bid.
        above) as the person offering any particular
        tender for a contract for the supply of goods
        or services.




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        Category                                       Condition
        11.    Information     relating    to  any     Information within category 11 is only
        consultations     or     negotiations,   or    exempt if and for so long as its disclosure
        contemplated consultations or negotiations,    to the public would prejudice the Authority
        in connection with any labour relations        in those or any other consultations or
        matters arising between the Authority, or a    negotiations in connection with a labour
        Minister of the Crown and employees of, or     relations matter. ‘Labour relations matters’
        office-holders under the Authority.            are as specified in paragraph (a) to (g) of
                                                       section 29(1) of the Trade Unions and
                                                       Labour Relations Act 1974, i.e. matters
                                                       which may be the subject of a trade
                                                       dispute.
        12. Any instructions to Counsel and any
        opinion of Counsel (whether or not in
        connection with any proceedings) and any
        advice received, information obtained or
        action to be taken in connection with: (a)
        any legal proceedings by or against the
        Authority; of (b) the determination of any
        matter affecting the Authority; whether, in
        either case, proceedings have been
        commenced or are in contemplation.
        13. Information which, if disclosed to the     Information within category 13 is exempt
        public, would reveal that the Authority        only if and so long as disclosure to the
        proposes (a) to give under any enactment a     public might afford an opportunity to a
        notice under or by virtue of which             person affected by the notice, order or
        requirements are imposed on a person; or       direction to defeat the purposes for which
        (b) to make an order or direction under any    the notice, order or direction is to be given
        enactment.                                     or made.
        14. Any action taken or to be taken in
        connection      with     the     prevention,
        investigation or prosecution of crime.
        15. The identity of a protected informant.     A ‘protected informant’ means a person
                                                       giving the Authority information which
                                                       tends to show that a: -
                                                       (a)    criminal offence;
                                                       (b)    breach of statutory duty;
                                                       (c)    breach of planning control; or
                                                       (d)    nuisance;
                                                       has been, or is being, or is about to be
                                                       committed.
        16. Information relating to the personal
        circumstances of any person.
        17. Information which must be kept
        confidential, for example, under a contract.



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        Category                                           Condition
        18. Information         relating   to   National
        Security.
        19. The deliberations of a Standards
        Committee when hearing matters referred
        by an Ethical Standards Officer.

        Information falling within any of categories 1-19 is not exempt by virtue of that paragraph if
        it relates to proposed development for which the local planning authority can grant itself
        planning permission under Regulation 3 of the Town and Country Planning General
        Regulations 1992.

10.     Exclusion of access by the public to reports

        If the Chief Executive thinks fit, the Council may exclude access by the public to reports
        which in his or her opinion relate to items during which, in accordance with Rule 9, the
        meeting is likely not to be open to the public. Such reports will be marked ‘Not for
        Publication’ together with the category of information likely to be disclosed.

11.     Summary of public’s rights

        A copy of these Rules, constituting a written summary of the public’s rights to attend
        meetings and to inspect and copy documents, will be kept at and available to the public at
        the Town Hall, Epsom.




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(c)     BUDGET AND POLICY FRAMEWORK PROCEDURE RULES

1.      The framework for decision-making

        The Council will be responsible for the adoption of its Budget and Policy Framework as set
        out in Article 4. Once a Budget or a Policy Framework is in place, it will be the
        responsibility of the policy committees to implement it.

2.      Process for developing the framework

        The process by which the Budget and Policy Framework shall be developed is:

        (a)      Each year the Strategy and Resources Committee will recommend to the Council,
                 which will then publish, a programme for establishing the Budget and Policy
                 Framework for the following year. Within this programme, it will identify any
                 strategic policy or resource issues on which it wishes to request studies by the
                 Scrutiny Committee.
        (b)      Within the overall programme, each policy committee may identify any study it
                 wishes to request from the Scrutiny Committee related to policy issues on which it
                 wishes to make recommendations to the Council as part of the Budget and Policy
                 Framework.
        (c)      Policy studies undertaken by the Scrutiny Committee should engage as widely as
                 possible with citizens and stakeholders in the community and use a variety of
                 methods to gauge public views. The results should be presented to the relevant
                 policy committee which will then develop proposals to be submitted to the Council.
        (d)      The Policy and Budget Framework to be presented to Council will be available for
                 public consultation for a period of 4 weeks.
        (e)      In approving the Policy and Budgetary Framework presented to it by the Strategy
                 and Resources Committee, the Council will also specify the extent of virement
                 within the Budget and degree of in-year changes to the Policy Framework which
                 may be undertaken by policy committees, in accordance with paragraphs 3 and 4 of
                 these Rules (virement and in-year adjustments). Any other changes to the Budget
                 and Policy Framework are reserved to the Council.

3.      Virement

        The Council will decided on virement limits having regard to the nature of its functions, the
        size of its budget, and the need to maintain a balance between the Budget and Policy
        Framework and the flexibility needed in-year to deliver services in accordance with Best
        Value principles.

4.      In-year changes to policy framework

        (i)      The responsibility for agreeing the Budget and Policy Framework lies with the
                 Council, and decisions by policy committees or officers with delegated authority
                 must be in line with it. No changes to any policy and strategy which make up the
                 Policy Framework may be made by a policy committee or officer with delegated
                 authority except changes:

                 (a)     necessary to meet a budgetary constraint;



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                 (b)     necessary to ensure compliance with the law, ministerial direction or
                         government guidance;
                 and
                 (c)     in relation to the Policy Framework in respect of a policy which would
                         normally be agreed annually by the Council following consultation, but
                         where the existing policy document is silent on the matter under
                         consideration.

        (ii)     The Council may make in-year changes to its Budget and Policy Framework other
                 than in the circumstances set out in (i) above, but will only do so on the
                 recommendation of a policy committee or in response to a report from the Chief
                 Executive or on a motion after proper notice in accordance with the Council
                 Procedure Rules set out in Part 4 of this Constitution, in all cases after a period of
                 consultation with citizens and stakeholders appropriate to the nature of the changes
                 proposed.




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(d)     OVERVIEW AND SCRUTINY PROCEDURE RULES

1.      Number of, and arrangements for, scrutiny committee(s)

        (a)      The Council will have one Scrutiny Committee which will arrange for the
                 performance of all overview and scrutiny functions on behalf of the Council. It will
                 consist of at least five Councillors.

        (b)      The Scrutiny Committee will be responsible for:

                 (i)     arranging the performance of overview and scrutiny functions on behalf of
                         the Council;
                 (ii)    the appointment of such Sub-committees or panels as it considers appropriate
                         to fulfil those review and scrutiny functions;
                 (iii)   ensuring that the Council complies with it duty concerning Best Value, in
                         accordance with the Local Government Act 1999;
                 (iv)    approving an annual Overview and Scrutiny Work Programme, including the
                         programme of any Sub-committees or panels;
                 (v)     Monitoring the Council’s financial and audit arrangements and considering
                         regular reports from the auditor on the outcome of audits.
                 (vi)    putting in place a system to ensure that referrals from the Scrutiny Committee
                         to Council and to the policy committees, either by way of report or for
                         reconsideration, are managed efficiently.
                 (vii)   scrutinising the development and implementation of the Community
                         Strategy.
                 (ix)    monitoring progress on the Council’s Corporate Plan.

2.      Who may sit on the Scrutiny Committee?

        All Councillors may be members of the Scrutiny Committee. However, no Councillor may
        sit on a policy committee while also being a Member of the Scrutiny Committee. Also, no
        Councillor may be involved in scrutinising a decision in which he/she has been directly
        involved.

3.      Co-optees

        (a)      The Scrutiny Committee will seek to co-opt other Councillors to constitute Sub-
                 committees, or panels, provided that no Councillor may scrutinise a decision in
                 which he/she has been involved.

        (b)      The Scrutiny Committee shall be entitled to appoint to any Sub- Committee or panel
                 a co-opted member who is not a Councillor or Officer of this Council

4.      Meetings of the scrutiny committee

        There shall be at least five Ordinary meetings of the Scrutiny Committee in each year. In
        addition, Special Meetings may be called from time to time as and when appropriate. A
        Special Committee meeting may be called by the Chairman, by any three members of the
        Committee or by the Scrutiny Officer if he/she considers it necessary or appropriate.


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5.      Quorum

        The quorum for the Scrutiny Committee shall be as set out for committees in the Council
        Procedure Rules in Part 4 of this Constitution.

6.      Chairmanship of the scrutiny committee

        The Chairman of the Scrutiny Committee will be appointed by the Council from among the
        Councillors sitting on the Committee.

7.      Work programme

        The Scrutiny Committee will be responsible for setting its own work programmes and in
        doing so it shall take into account, along with other considerations, the wishes of
        Councillors on that Committee who are not members of the largest political group on the
        Council.

8.      Agenda items

        (a)      Any Member of the Council may give written notice to the Scrutiny Officer that they
                 wish an item to be included on the agenda of the Scrutiny Committee or submit such
                 an item. If the Scrutiny Officer receives such a notification or item, then he/she will
                 include it on the first available agenda of the Committee for consideration by the
                 Committee.
        (b)      The Scrutiny Committee shall also respond, as soon as its work programme permits,
                 to requests from the Council, and if it considers it appropriate the policy committees,
                 to review particular areas of Council activity. Where it does so, the Scrutiny
                 Committee shall report its findings and recommendations back to the policy
                 committee and/or the Council. The Council and/or the relevant policy committee
                 shall consider the report of the Scrutiny Committee at its next available meeting.

9.      Policy and development overview

        (a)      the role of the Scrutiny Committee in relation to the development of the Council’s
                 Budget and Policy Framework is set out in detail in the Budget and Policy
                 Framework Procedure Rules.
        (b)      In relation to the development of the Council’s approach to other matters not
                 forming part of its Budget and Policy Framework, the Scrutiny Committee may
                 make proposals to policy committees for such development in so far as it relates to
                 matters within their terms of reference although it is recognised that in most cases
                 policy committees will develop their own policy.
        (c)      The Scrutiny Committee may hold enquiries and investigate the available options for
                 future direction in policy development and may appoint advisers and assessors to
                 assist them in this process. They may go on site visits, conduct public surveys, hold
                 public meetings, commission research and do all other things that they reasonably
                 consider necessary to inform their deliberations. They may ask witnesses to attend
                 to address them on any matter under consideration and may pay to any advisers,
                 assessors and witnesses a reasonable fee and expenses for doing so.




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10.     Reports from the scrutiny committee

        (a)      Once the Scrutiny Committee has completed its deliberations on any matter it will
                 prepare a formal report and submit it via the Scrutiny Officer for consideration by
                 the relevant policy committee (if the proposals are consistent with the existing
                 Budgetary and Policy Framework), or to the Council as appropriate (e.g. if the
                 recommendation would require a departure from or a change to the agreed Budget
                 and Policy Framework).

        (b)      If the Scrutiny Committee cannot agree on one single final report to the Council or
                 the relevant policy committee, as appropriate, then up to one minority report may be
                 prepared and submitted for consideration by the Council or policy committee with
                 the majority report.
        (c)      The Council or the relevant policy committee shall consider the report of the
                 Scrutiny Committee at its next available meeting

        (d)      When the Council meets to consider any referral from the Scrutiny Committee on a
                 matter which would impact on the Budget and Policy Framework, it shall also
                 consider the response of the relevant policy committee to the Scrutiny proposals, and
                 shall if necessary defer consideration of those proposals until after the next meeting
                 of the relevant policy committee.

11.     Rights of scrutiny committee members to documents

        All Councillors have the right to documents, and to notice of meetings as set out in the
        Access to Information Procedure Rules in Part 4 of this Constitution, and members of the
        Scrutiny Committee, and any sub-Committees or Panels (including any co-opted members),
        have all such rights in relation to any of the agreed work programme of the Committee.

12.     Members and officers giving account

        (a)      The Scrutiny Committee may scrutinise and review decisions (other than quasi
                 judicial decisions, e.g. planning and licensing applications) made or actions taken in
                 connection with the discharge of any of the Council’s functions. As well as
                 reviewing documentation, in fulfilling the scrutiny role, they may require any
                 member of a policy committee, the Chief Executive and/or any senior officer to
                 attend before them to explain in relation to matters within their remit:

                 (i)     any particular decision or series of decisions;
                 (ii)    the extent to which the actions taken implement Council policy;
                 and
                 (iii)   their performance.

                 And it is the duty of those persons to attend if so required.

        (Note: Save in exceptional circumstances, and in agreement with the Chief Executive, no
        officer below Director or a Division Head shall be required to appear before the Scrutiny
        Committee.)




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        (b)       If any Councillor or officer is required to attend the Scrutiny Committee under this
                  provision, the Chairman of the Committee will inform the Scrutiny Officer. The
                  Scrutiny Officer shall inform the Councillor or officer in writing giving at least five
                  working days’ notice of the meeting at which he/she is required to attend. The notice
                  will state the nature of the item on which he/she is required to attend to give account
                  and whether any papers are required to be produced for the Committee. Where the
                  account to be given to the Committee will require the production of a report, then the
                  Councillor or officer concerned will be given sufficient notice to allow for
                  preparation of that documentation.

        (c)       If, in exceptional circumstances, the Councillor or officer is unable to attend on the
                  required date, the Scrutiny Committee shall, in consultation with the Councillor or
                  officer, arrange an alternative date for attendance to take place within a maximum of
                  ten working days from the date of the original request.

13.     Attendance by others

        Scrutiny Committee may invite people other than those people referred to in paragraph 12
        above to address it, discuss issues of local concern and/or answer questions. It may for
        example wish to hear from residents, stakeholders and Members and officers in other parts
        of the public sector and shall invite such people to attend, whether in relation to scrutiny of
        the Council’s policies and activities or those of any other agency which affect the social,
        environmental or economic well-being of the residents of the Borough. Other committees or
        advisory panels may also, from time to time, scruitinise such other agencies.

14.     Call-in

        Call-in should only be used in exceptional circumstances. These are where Members of the
        Scrutiny Committee have evidence which suggests that a policy committee took a decision
        which was not in accordance with the principles set out in Article 12 (Decision Making).

        In any event, call-in will not apply to quasi-judicial decisions e.g. development control and
        licensing.

        The call-in procedure is as follows:

        (a)       When a decision is made by a policy committee or under joint arrangements, the
                  decision shall be published to Councillors, including where possible by electronic
                  means, and shall be available at the Town Hall normally within two working days of
                  being made. Members of the Scrutiny Committee will be sent copies of the records
                  of all such decisions within the same timescale, by the Scrutiny Officer. When all
                  members of the Council are invited to speak and vote at a meeting of a committee,
                  then the power of call-in does not apply.

        (b)       That notice will bear the date on which it is published and will specify that the
                  decision will come into force, and may then be implemented, on the expiry of five
                  working days after the publication of the decision, unless the Scrutiny Committee
                  objects to it and calls it in. The Notice shall include the following statement: "The
                  following represents a summary of the decisions taken by the Committee. It is not
                  intended to represent the formal record of the meeting (for which reference should be
                  made to the Minutes) but to facilitate the call-in process".



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        (c)      During that period, the Scrutiny Officer shall call-in a decision for scrutiny by the
                 Committee if so requested in writing or by e-mail by any two Members of the
                 Committee, and shall then notify Members of the decision-making Committee of the
                 call-in. He/she shall call a meeting of the Committee on such date as he/she may
                 determine, where possible after consultation with the Chairman of the Committee,
                 and in any case within ten working days of the decision to call-in.

        (d)      If, having considered the decision, the Scrutiny Committee is still concerned about it,
                 then it may refer it back to the decision making Committee for reconsideration,
                 setting out in writing the nature of its concerns or refer the matter to the Full Council.


        (e)      If following an objection to the decision:
                 (i)     the Scrutiny Committee does not meet in the period set out above or the
                         expiry of the ten working day period; or
                 (ii)    The Scrutiny Committee does meet but does not refer the matter back to the
                         decision making Committee,

                the decision shall then take effect.

        (f)      If the matter is referred to the Full Council, and the Council does not object to a
                 decision which has been made, then no further action is necessary and the decision
                 will be effective from the date of the Council Meeting. However, if the Council does
                 object, it may refer any decision to which it objects back to the decision-making
                 committee, together with the Council’s views on the decision or may itself determine
                 the matter.

15.     Exceptions

        In order to ensure that call-in is not abused, nor causes unreasonable delay, the Council may
        place certain limitations on its use. It will only seek to impose such limitations after
        consideration of a report from the Chief Executive.

16.     Call-In and Urgency

        (i)      The call-in procedure set out above shall not apply where the decision being taken by
                 a policy committee is urgent. A decision will be urgent if any delay likely to be
                 caused by the call-in process would seriously prejudice the Council’s or the public’s
                 interest. The record of the decision, and notice by which it is made public shall state
                 whether in the opinion of the Chief Executive or his/her nominee, the decision is an
                 urgent one, and therefore not subject to call-in. Decisions taken as a matter of
                 urgency must be reported to the next available meeting of the Council, together with
                 the reasons for urgency.

        (ii)     The operation of the provisions relating to call-in and urgency shall be monitored
                 annually by the Chief Executive or his/her nominee, and a report submitted to
                 Council with proposals for review if necessary.

17.     Procedure at Scrutiny Committee Meetings

        (a)      The Scrutiny Committee shall consider the following business:


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                 (i)     minutes of the last meeting;
                 (ii)    declarations of interest;
                 (iii)   consideration of any matter referred to the Committee for a decision in
                         relation to the calling in of a decision;
                 (iv)    responses from the Council or a policy committee to reports of the Scrutiny
                         Committee;
                 and
                 (v)     the business otherwise set out on the agenda for the meeting.

        (b)      Where the Scrutiny Committee asks people to attend to give evidence at Committee
                 or Panel meetings they are to be conducted in accordance with the following
                 principles:

                 (i)     that the investigation be conducted fairly and all Members of the Committee
                         be given the opportunity to ask questions of attendees, and to contribute and
                         speak;
                 (ii)    that those assisting the Committee by giving evidence be treated with respect
                         and courtesy; and

                 (iii)   that the investigation be conducted so as to maximise the efficiency of the
                         investigation or analysis.

        (c)      Following any investigation or review, the Committee shall prepare a report for
                 submission to the relevant Committee and/or Council as appropriate and shall make
                 its report and findings public.




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(e)     FINANCIAL REGULATIONS


                                                               Page

1. Financial Administration                                    …38

2. Accounting                                                  …39

3. Audit                                                       …39

4. Financial Planning                                          …41

5. Capital Expenditure                                         …42

6. Revenue Expenditure                                         …43

7. Budgetary Control                                           …44

8. Orders for Works, Goods & Services                          …45

9. Payment of Accounts                                         …46

10. Management of Contracts let by Formal Tender (> £50,000)   …48

11. Employees & Salaries                                       …49

12. Other Payments to Officers and Members                     …50

13. Income                                                     …51

14. Banking Arrangements and Cheques                           …53

15. Petty Cash & Other Imprest Accounts                        …54

16. Insurances                                                 …55

17. Investments, Borrowings and Trust Funds                    …56

18. Stocks and Stores                                          …56

19. Security                                                   …57

20. Estates                                                    …58

21. Inventories                                                …58

22. Retention of Documents                                     …59




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                                                                                      Issued: July 2002
1.      Financial Administration

        1.1      These regulations are made by the Council subject to the provisions of the Local
                 Government Act 1972 and are intended to be the working arrangements whereby the
                 Council's financial transactions are regulated.

        1.2      For the purpose of Section 151 of the Local Government Act 1972 the Council shall
                 designate an officer who will be responsible for the proper administration of the
                 Council's financial affairs and is therefore the responsible financial officer. For the
                 purposes of these regulations this officer is the Director of Finance.

        1.3      In common with all other authorities, Epsom & Ewell Borough Council has a
                 statutory responsibility under the Accounts and Audit Regulations 1996 to provide
                 an adequate and effective internal audit of the accounting records and control
                 systems of the Authority. The Director of Finance shall be responsible for
                 compliance with the requirements of the current Accounts and Audit regulations.

        1.4      Each Director shall, in consultation with the Director of Finance, ensure that actions
                 taken within his department are in accordance with Standing Orders and Financial
                 Regulations and shall ensure that procedures are implemented according to current
                 accounting guidelines.

        1.5      Failure of any officer to comply with Financial Regulations or Standing Orders
                 may result in disciplinary action.

        1.6      Each Director shall consult with the Director of Finance with respect to any changes
                 in circumstances within his responsibility that are likely to affect the Council’s
                 finances, before any commitment is made.

        1.7      No reports containing financial or Value Added Tax considerations shall be
                 submitted to any Committee without prior consultation with the Director of Finance
                 on the tax and financial implications.

        1.8      These Financial Regulations shall also apply to services carried out under agency
                 and partnership arrangements for, or on behalf of, any other Authority or
                 organisation (including the voluntary sector).

        1.9      These Financial Regulations should be read in conjunction with the relevant internal
                 codes of practice and current schemes of delegation to committees or officers and
                 also in conjunction with Contract Standing Orders. However, any national
                 legislation takes precedence over Financial Regulations and Contract Standing
                 Orders.

        1.10     All officers should give consideration to the principles of Best Value, or other
                 similar policies as may be relevant and/or amended from time to time, in the
                 execution of their duties.

        1.11     These Financial Regulations and Standing Orders should be reviewed at least every
                 three years.




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2.      Accounting

        2.1      The Director of Finance shall be responsible for maintaining the Council’s
                 accounting records as well as compiling the Council’s annual financial statements
                 and accounts for publication in accordance with statutory requirements.

        2.2      All accounting procedures and financial records of the Council and its officers in all
                 departments shall be subject to approval and control by the Director of Finance. No
                 changes shall be made to existing procedures without the prior approval of the
                 Director of Finance.

        2.3      The following principles shall be observed in the allocation of accounting duties:

                (i)      the duties of providing information, calculating, checking and recording sums
                         due to or from the Council shall be separated as completely as possible from
                         the duty of collecting or disbursing them;
                (ii)     officers charged with the duty of examining and checking the accounts of
                         cash transactions shall not themselves be engaged in any of these
                         transactions, nor in the certifying of accounts relating to them.

        2.4      The Director of Finance shall be responsible for the timely submission of all grant
                 claims and financial returns to Government and other statutory bodies.

        2.5      The Director of Finance shall determine the retention periods for all financial
                 records. (See Financial Regulation 22)

        2.6      Directors are responsible for maintaining the proper security and privacy of
                 information contained in financial records under their control including such
                 information held in accordance with the Data Protection Act 1998 and other relevant
                 legislation. Directors should ensure that staff are aware of the main provisions of the
                 Computer Misuse Act 1990.

        2.7      As soon as is practicable after the end of the financial year, and in any case within 6
                 months of the financial year-end, the Director of Finance shall report to the Strategy
                 & Resources Committee on the annual accounts.

3.      Audit

        3.1      A continuous internal audit in accordance with the agreed Audit Plan, in all
                 departments of the Council shall be carried out under the independent control and
                 direction of the Director of Finance.




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        3.2      The audit plan should review the:

                 (i)     extent to which the Council's assets are accounted for and safeguarded from
                         losses of all kinds arising from fraud and other offences, or waste,
                         extravagant and inefficient administrative systems, poor value for money and
                         misuse of Council resources;
                 (ii)    extent of compliance with established policies, plans and procedures;
                 (iii)   soundness, adequacy and application of financial and other controls;
                 (iv)    effectiveness and efficiency of financial procedures and administrative
                         systems.

        3.3      The Director of Finance or his authorised representatives shall have authority to:

                 (i)     enter all establishments or land of the Council;
                 (ii)    have access to all records, documents, correspondence and property relating
                         to any financial transaction and other transactions of the Council whether
                         held by employees of the Council or by consultants as employees under
                         contract for professional services;
                 (iii)   require and receive such explanations as he considers necessary for any
                         financial matter under consideration;
                 (iv)    require any employee to produce cash, stores or any other Council property
                         under his control.

        3.4      Immediately a Director becomes aware of any possible irregularity affecting income,
                 expenditure, cash, stores or other property of the Council, the Director of Finance or
                 his authorised representative shall be informed so that an independent investigation
                 of the alleged irregularity may be undertaken. Any such investigation shall be
                 undertaken by the Director of Finance or his authorised representative.

        3.5      Where a fraud, theft or major irregularity is suspected, the Director of Finance:

                 (i)     may remove and provide safe custody of books, records, vouchers or any
                         other material where they may be used as evidence in an investigation;
                 (ii)    shall be entitled to require the exclusion of staff from their normal place of
                         work for a limited period.

                 In any event, all staff shall report any suspected irregularity to their Director or the
                 Director of Finance or the senior member of the audit team, as appropriate.

        3.6      Where, upon investigation, the Director of Finance believes that reasonable grounds
                 exist for suspecting that a loss may have occurred as a result of misappropriation,
                 irregular expenditure, or fraud the Director of Finance shall, in consultation with the
                 Chief Solicitor and Property Services Manager, consider whether the circumstances
                 require further investigation by the Police.

        3.7      Where, upon investigation, the Director of Finance believes that a loss may have
                 occurred as a result of waste, extravagance or maladministration he shall, with the
                 Chief Executive, determine the manner in which this should be reported to the
                 appropriate committee.


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        3.8      In all cases, following a report on an investigation, the Director of Finance together
                 with the Directors' Group shall consider the matter so that any possible breach of
                 internal discipline may be dealt with according to the agreed procedure.

        3.9      The Director of Finance shall report at least annually to Scrutiny Committee
                 reviewing the internal audit coverage during the previous year and the audit plan for
                 the forthcoming year.

        3.10     A minimum requirement for the senior member of the audit team shall be that the
                 post holder is a fully qualified member of one of the following bodies:

                 (i)     an institute which is a member of the Consultative Committee of Accounting
                         Bodies (CCAB);
                 (ii)    the Institute of Internal Auditors.

        3.11     All officers should have regard for the Council’s Whistleblowing policy. The
                 purpose of this policy is to establish a means by which employees who either suspect
                 or have identified cases of Council fraud, corruption or other malpractice, may raise
                 issues of concern, and be confident that those issues are dealt with seriously and
                 fairly without fear of recrimination, victimisation or harassment from any part of the
                 Council.

4.      Financial Planning

        4.1      The Director of Finance will review the Financial Strategy annually to ensure it’s
                 continuing reference to achieving the Director of Human Resources.

        4.2      The Director of Finance, in consultation with other Directors, shall annually prepare
                 a Financial Strategy. This will show the estimated impact of spending plans on the
                 General Fund over the next 4 years arising from legislative, Council policy and
                 service level changes. The Strategy & Resources Committee will then consider the
                 annual Financial Plan.

        4.3      Any new scheme to be included in the Financial Plan shall show the full year effect
                 of the proposals and the implications for at least the next three financial years.

        4.4      Capital and revenue spending targets for each policy committee shall be derived
                 from the Financial Plan and determined by Council.

        4.5      The Director of Finance shall prepare each year timetables for the preparation,
                 submission and approval of annual revenue and capital budgets. All submissions
                 shall be in accordance with the timetable.

        4.6      The Director of Finance shall prepare the annual revenue, capital and manpower
                 estimates in consultation with Directors or their representatives who shall supply
                 such information as is necessary to support the budgets.

        4.7      The appropriate committees shall review all fees, charges and rents annually, prior to
                 the consideration of the annual budget.

        4.8      The Strategy & Resources Committee and policy committees will recommend
                 revenue and capital budgets consistent with the budget targets set by Council.



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        4.9      The Council shall meet annually for the purpose of considering its annual budget as
                 submitted by the Strategy & Resources Committee and determining the amounts of
                 Council Tax for each of the categories of dwellings for the ensuing financial year.

5.      Capital Expenditure

        5.1      The Council will approve capital strategy and review it annually.

        5.2      A medium term capital programme will be maintained in support of achieving the
                 Council’s Director of Human Resources. The programme will be reviewed annually
                 and the Director of Finance will advise on the impact on the Council’s Financial
                 Plan.

        5.3      In accordance with the Financial Strategy and timetable prepared under Financial
                 Regulations 4.1 to 4.7 each Director and/or Service Manager shall prepare in
                 collaboration with the Director of Finance provisional capital scheme estimates for
                 each of the next 4 years together with full revenue implications. All schemes
                 however funded shall be included in the provisional capital scheme estimates.

        5.4      Provisional capital scheme estimates submitted under Financial Regulation 5.1 shall
                 distinguish between committed and uncommitted expenditure.

        5.5      Items of expenditure shall be deemed to be of a capital nature if:

                 (i)     the estimated value exceeds the Council’s de-minimus limit which is
                         currently set at £20,000;
                 (ii)    the expenditure is in accordance with Section 40 of the Local Government
                         and Housing Act 1989 as referred to in the CIPFA guidance on Capital
                         Expenditure.

        5.6      Bids for the provisional capital scheme estimates shall be prepared using a “Capital
                 Bid Justification form” containing full scheme details including a Statement of
                 Justification for the scheme, proposed funding and potential benefits to be derived.
                 These detailed bids shall then be reviewed by Capital Management Group.

        5.7      The Capital Management Group having considered the provisional capital scheme
                 expenditure proposals shall appraise schemes in accordance with criteria established
                 for capital planning purposes.

        5.8      The Financial Policy Panel shall consider the report of the Capital Management
                 Group and shall recommend a process of capital programme approval to the Strategy
                 & Resources Committee for approval by the Council.

        5.9      The final recommended Capital Programme will be approved by Council when the
                 annual revenue budget is approved.

        5.10     Once approved by Council, the relevant Director shall be authorised to expend the
                 approved capital budget sums for works on the approved schemes subject to
                 compliance with Standing Orders, Financial Regulations and any necessary
                 Government approvals being obtained.




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        5.11     Any expenditure to be incurred on preliminary works, e.g. feasibility studies, must
                 have a capital bid justification form completed and be approved following the
                 procedure as stated in 5.1 to 5.10 above.

        5.12     Any projects which are reliant upon the receipt of government or other third party
                 funding, including grants from the National Lottery, must follow the capital
                 programme procedures as stated in 5.1 to 5.11 above.

        5.13     All approved capital schemes will be supported by a capital form identifying the
                 responsible scheme manager and the project timetable.

        5.14     Project managers will monitor scheme costs on a monthly basis. The Capital
                 Management Group will monitor the corporate capital programme on a quarterly
                 basis and provide a summary report to all Members.

        5.15     If, during the course of a financial year, unexpected and time critical capital
                 expenditure is required, this can be authorised under delegated authority powers. All
                 details of the scheme, including costs, funding and revenue budget implications must
                 be submitted for approval using the Officer’s Action form. A report containing full
                 details of the scheme approved under delegated authority shall be made by the
                 appropriate Director to the next relevant committee meeting.

        5.16     If a Director becomes aware that the estimated cost of a capital scheme for which he
                 is responsible is likely to be exceeded, he shall report to the next meeting of the
                 relevant policy committee stating the reasons why and the amount of the anticipated
                 excess.

6.      Revenue Expenditure

        6.1      The Director of Finance shall prepare the annual revenue budgets in consultation
                 with Directors and Service Managers, who shall be responsible for providing such
                 information as is necessary to support the budgets. These budgets will then be
                 submitted to the Directors' Group in accordance with the guidelines set by the
                 Council.

        6.2      Estimates prepared under Financial Regulation 6.1 shall distinguish between
                 expenditure for carrying out existing levels of service and proposed changes
                 including improvements (growth) in service.

        6.3      The Directors' Group shall consider the provisional estimates and, after making such
                 amendments as they consider necessary, shall submit to the Financial Policy Panel
                 provisional estimates for their consideration.

        6.4      Each committee shall consider the provisional estimates for the services that they
                 have been authorised to control and submit to the Strategy and Resources
                 Committee, in accordance with the timetable prepared under Financial Regulation 4,
                 provisional estimates of revenue expenditure and income for the ensuing year.

        6.5      The Strategy and Resources Committee or Council shall consider the aggregate
                 effect of these estimates upon the Council's financial resources. Statements of the
                 requirements of precepting authorities and the recommendation of the Council Tax
                 level necessary to meet the aggregate amount of the estimates shall also be
                 considered by Council.

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        6.6      The Council shall consider the recommended estimates, and agree the revenue
                 budget and Council Tax in accordance with statutory requirements and when
                 approved the budget will be published in the Council’s Policy Book

        6.7      Directors shall be authorised, subject to Financial Regulations and Standing Orders,
                 to expend the Budgets as approved by Council for the services for which they are
                 responsible. No Director is authorised to incur expenditure on any service for
                 which no Authorised Budget provision has been made, nor exceed the total of
                 all Authorised Budgets under his responsibility; except under the provisions
                 regarding Virements in Financial Regulations 7.6. to 7.9 inclusive.

7.      Budgetary Control

        7.1      The Directors and their nominated Service Managers shall be responsible for the
                 control of income and expenditure of their Departments and the Services of which
                 they have charge.

        7.2      Approval by Council of a probable outturn shall have the effect of substituting that
                 probable outturn for the authorised budget.

        7.3      The Director of Finance shall make available to Service Managers information
                 relating to expenditure and income within the relevant cost centres to enable
                 comparison with the provisions in the authorised budget.

        7.4      Where at any time it is apparent that the amount of a service group variation against
                 the profiled and authorised budget of expenditure may be exceeded or any authorised
                 income may not be reached by plus or minus 15% with an absolute value exceeding
                 £20,000, the Director concerned shall report to the appropriate committee with full
                 reasons and propose how the shortfall will be met. Any variations where the
                 absolute value is greater than the de-minimus of £5,000 but does not exceed £20,000
                 shall be reported annually to the Strategy & Resources Committee.

        7.5      Any proposal to a Commission involving an activity (or the extension of an existing
                 activity), which has not been included in the annual revenue and/or capital budget
                 shall be accompanied by a report, prepared by the responsible Director, setting out
                 the proposed funding of the new activity for the current and (if appropriate) future
                 years.

        7.6      To effect a virement of up to £5,000 the relevant Cost Centre Manager should
                 discuss the change with the relevant service accountant and then complete the
                 approved virement form. This should then be authorised by the relevant Director.
                 Once authorised the service accountant will then make the appropriate changes to the
                 Current Approved Budget on the General Ledger.

        7.7      To effect a virement of up to £20,000 the relevant Cost Centre Manager should
                 discuss the change with the relevant service accountant and then complete the
                 approved virement form. This should then be authorised by the relevant Director
                 and Chairman. Once authorised the service accountant will then make the
                 appropriate changes to the Current Approved Budget on the General Ledger.




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        7.8      To effect a virement of more than £20,000 the relevant Cost Centre Manager should
                 discuss the change with the relevant service accountant and then make a report to the
                 appropriate committee. Once authorised the service accountant will then make the
                 appropriate changes to the Current Approved Budget on the General Ledger.

        7.9      The following conditions apply to all virements.

                    Virements out of cost centres will be monitored in aggregate during the financial
                     year. When this aggregate exceeds any one of the limits stated in 7.6, 7.7 and 7.8
                     above, the procedure for that value shall be followed regardless of the value of
                     this new virement.
                    Virements may not be made:
                     (i)      into/out of employee budgets without the approval of the Strategy &
                              Resources Committee and Council;
                     (ii)     between committees without the approval of the Strategy & Resources
                              Committee and Council;
                     (iii)    into/out of the Epsom & Walton Downs Conservators and Nonsuch Park
                              Joint Management Committee accounts.
                    Budgets must not be vired out of a ledger code where there are commitments
                     either by a contract or an outstanding order.
                    Budgets to be vired out should be “surplus to requirements” by virtue of either a
                     decision not to go ahead with an activity OR achieving the activity more cheaply
                     than envisaged OR by receiving more income from an activity (or an additional
                     activity) than envisaged.
                    Any decision to not carry out an activity must (at least) be with the full
                     agreement of all relevant budget holders and the relevant service accountant, and
                     must not be otherwise detrimental to the service provision.
                    All virements must be proposed on the appropriate virement documentation as
                     approved by the Director of Finance.

8.      Order for Works, Goods, Services

        8.1      Official orders shall be in a form approved by the Director of Finance and are to be
                 authorised only by the nominated officers. A schedule of the names of these officers
                 and to what limits they are authorised shall be held by the Director of Finance and
                 confirmed annually and amended as required by the relevant Directors. Official
                 orders generated by a computerised system shall be subject to procedures approved
                 in advance by the Director of Finance.

        8.2      Official orders shall be promptly issued or formal written contracts made for all
                 work, goods and services to be supplied to the Council except for supplies of public
                 utility services, periodical payments such as rent or rates, petty cash purchases or
                 other such exceptions as the Director of Finance may approve.

        8.3      All orders shall comply with Standing Orders, in particular, those relating to
                 contracts.

        8.4      Official orders may not be issued for works, goods or services unless the cost is
                 covered by an Authorised Budget or other special financial provision.


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        8.5      All orders shall indicate clearly the nature and quantity of goods or services required;
                 a contractual, quoted or estimated price and, if material, the required completion date
                 for the order.

        8.6      Telephoned or verbal orders, where unavoidable, should be confirmed on the same
                 day by an official order which shall be clearly marked as a confirmation of
                 instructions previously issued.

        8.7      Where a general authority, which must be written, has been given by the Council
                 (instead of an official order) requiring performance of specific works or services of
                 an emergency nature, an official order shall be issued the next working day in
                 confirmation of the actions requested under that authority.

        8.8      Official orders may not be used for the procurement of goods, materials or services
                 for the personal use of an employee.

        8.9      Where works, goods or services are procured by use of the Council’s Corporate
                 Credit card, an official order need not be completed. Use of the credit card is by
                 defined officers and must be in accordance with procedures and documentation as
                 approved by the Director of Finance. At the completion of the transaction the
                 appropriate internal Credit Card Transaction voucher must be completed with full
                 details of the purchase.

        8.10     Where a “Blanket” order has been negotiated by the Council, defined officers may
                 make “call off” requisitions against this order. Vouchers and processes supporting
                 this requisition must be in a format approved by the Director of Finance.

        8.11     Where the Council has entered into an “account” arrangement (e.g. for fuel) officers
                 authorised to obtain goods under this arrangement must do so only for Council
                 business purposes.

        8.12     Before engaging a new supplier to order/procure goods and services a new supplier
                 request form, as provided by the Director of Finance, must be completed and both
                 the officer requesting and the officer authorising the new supplier must be satisfied
                 that:

                 (i)     the new supplier is willing to be paid by BACS;
                 (ii)    the estimated annual expenditure with this supplier will not exceed the limits
                         at which quotes for works to be done or a tender exercise are required (see
                         Contract Standing Orders 5 and 6, but currently any value greater than
                         £5,000);
                 (iii)   none of the currently authorised suppliers can supply the goods/services;
                 (iv)    the goods/services cannot be procured under an existing agreement;
                 (v)     the goods/services cannot be procured from a supplier currently listed on the
                         Council’s standing list of tenderers.

                 Once fully completed and authorised the new supplier will be created by the
                 appropriate officer in the Director of Finance’s Department.

9.      Payment of Accounts

        9.1      The Director of Finance shall make proper arrangements for the payment of accounts
                 as duly authorised.


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        9.2      The methods of payment of money due from the Council shall only be as agreed by
                 the Director of Finance and will normally be by cheque, BACS or other instrument
                 drawn on the Council’s bank account.

        9.3      All accounts for payment shall be in a form approved by the Director of Finance.

        9.4      Statements shall not be paid and facsimile invoices should not be used as a substitute
                 for actual invoices. Where the original invoice is not submitted for payment, a
                 written statement should accompany the copy invoice.

        9.5      The Director issuing an order shall be responsible for examining, verifying and
                 certifying the related invoice(s) and similarly for any other payment vouchers or
                 accounts arising within his responsibility. The schedule of authorising officers and
                 their financial limits shall be reviewed and approved by each Director at least
                 annually but may otherwise be reviewed from time to time as required.

        9.6      Before certifying an account, the certifying officer shall satisfy himself that:

                 (i)     it conforms with the order and the delivery note (where one exists);
                 (ii)    the work, goods or services, to which the account relates have been received,
                         carried out, examined and approved;
                 (iii)   the prices, extensions, calculations, trade discount, other allowances, credits
                         and tax are correct;
                 (iv)    the relevant expenditure has been properly incurred, is within the relevant
                         estimate provision and is in accordance with the Council’s Standing Orders
                         and Financial Regulations;
                 (v)     expenditure has been correctly allocated and appropriate entries have been
                         made in inventories, stores records or stock books, as required;
                 (vi)    the account has not been previously passed for payment and is a proper
                         liability of the Council;
                 (vii)   the Director of Finance is informed, where relevant, for insurance purposes.

        9.7      Accounts for payment shall be processed as soon as possible after receipt under
                 arrangements specified by the Director of Finance.

        9.8      No amendments shall be made to Value Added Tax invoices. All such invoices shall
                 be returned to the creditor for any amendment necessary in accordance with VAT
                 regulations.

        9.9      The activities of ordering and receiving goods and authorising accounts for payment
                 shall be carried out by three different officers (unless otherwise agreed with the
                 Director of Finance) and in accordance with arrangements previously agreed by the
                 Director of Finance.

        9.10     Accounts for payment in respect of purchases of land or property must be supported
                 by particulars of the land or property, the location, the name of the Vendor and the
                 amount of the purchase money and expenses.

        9.11     Each Director as soon as possible after 31 March, and not later than the date
                 specified by the Director of Finance, must ensure that the Director of Finance is
                 notified of all outstanding expenditure relating to the previous financial year.

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10.     Management of Contracts let by Formal Tender (defined as per Contract Standing
        Orders value > £50,000)

        10.1     No contract shall be entered into unless the relevant Director has satisfied himself as
                 to the tenderers ability to satisfactorily fulfil the contract. The Director of Finance
                 shall make enquiries as to the financial status of tenderers. Financial and technical
                 appraisals and the take-up of previous client references is to be undertaken in respect
                 of all external parties, prior to tenders being invited for all commissions expected to
                 exceed £50,000 in value and for all standing lists. All financial appraisals shall be
                 undertaken by the Director of Finance or his delegated representative.

        10.2     A Contract register shall be maintained in which shall be entered details of every
                 formal contract and accepted tender of the Council acting in pursuance of the
                 Standing Orders of the Council relating to contracts and of the payments made under
                 such contracts or accepted tenders.

        10.3     All contracts on behalf of the Council shall be subject to the Council’s Standing
                 Orders.

        10.4     The Chief Solicitor and Property Services Manager shall retain the original of all
                 contracts, the details of which shall be recorded in the Council’s Contracts Register.

        10.5     Payments to contractors on account of contracts shall be made only on a certificate
                 issued by the contract manager (or Consultants where engaged by the Council) and
                 signed by the appropriate supervising officer. The certificate shall include the
                 following details:

                 (i)     the total amount of the contract;
                 (ii)    the value of work executed to date;
                 (iii)   the amount paid to date and the amount now certified;
                 (iv)    the balance outstanding;
                 (v)     the amount of retention held;
                 (vi)    fluctuations;
                 (vii)   Value Added Tax and other taxes.

        10.6     Every contract extra or variation, other than a price variation within the terms of the
                 contract, shall be authorised in writing before works commence.

        10.7     Any extra or variation to the original specification which will cause an increase in
                 cost of > 10 % shall be reported to the appropriate Director for certification;

                 (i)     stating the reasons for the change;
                 (ii)    making proposals for funding;
                 (iii)   seeking approval for the additional expenditure.




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        10.8     The final payment certificate of any contract shall not be issued until the Supervising
                 Officer (or Consultants) has produced to the Director of Finance a detailed statement
                 of the work under the contract with all vouchers and documents and showing full
                 measurements, additions, deductions and omissions and the Director of Finance has
                 examined the accounts, vouchers and documents and satisfied himself as to their
                 accuracy. In this respect, the Director of Finance shall be entitled to make all
                 enquiries and receive such information and explanations as he may require in order
                 to satisfy himself as to the accuracy of the accounts.

        10.9     Claims from contracts in respect of losses, expenses, ex-gratia payments and any
                 other matter not clearly within the terms of any existing contract shall be referred to
                 the Chief Solicitor and Property Services Manager for consideration of the Council's
                 legal liability and to the Director of Finance for financial consideration before
                 negotiations are undertaken or a settlement is reached.

        10.10 All contractors must provide to the Director of Finance evidence of Public Liability
              cover to a value as determined by him, currently set at £5,000,000. Contractors must
              also provide other insurance cover which the Director of Finance has determined to
              be relevant given the nature of the works being undertaken.

        10.11 Where completion of a contract is delayed such as to give rise to a claim for
              liquidated damages on behalf of the Council, the responsible supervising officer
              concerned shall take appropriate action in respect of such a claim.

11.     Employees and Salaries

        11.1     The Director of Finance shall be responsible for the monthly payments to all staff
                 and elected Members of the Borough Council.

        11.2     Prior to any proposal to make new or changed appointments or vary the authorised
                 manpower estimates, the Director of Finance shall be consulted and shall carry out a
                 comparison of the proposal against it. This comparison will ensure that adequate
                 provision (current and future years) exists within the manpower estimates for the
                 appointment. Appointments should be in accordance with the regulations of the
                 Council and approved budgets, grade and rates of pay.

        11.3     Each Director who has responsibility for payroll costs should confirm to the Director
                 of Finance the accuracy of the pay details at least once each financial year.

        11.4     The relevant Director will notify the Human Resources Division as soon as possible
                 and in a form prescribed by and copied to the Director of Finance of all matters
                 affecting the payment of emoluments, and in particular:

                (i)      appointments (permanent and temporary), resignations,               dismissals,
                         suspensions, secondments, transfers and retirements;
                (ii)     changes in remuneration other than normal increments, pay awards and
                         agreements of general application;
                (iii)    information necessary to maintain records of service for pensions, income
                         tax, national insurance and similar.




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        11.5     Each Director shall notify the Director of Finance as soon as possible, in the form
                 prescribed by him and in accordance with the regulations, of all absences from duty
                 for sickness or other reason, apart from approved paid leave. From this information,
                 the Director of Finance shall maintain full staff absence records.

        11.6     When an employee is paid on the basis of a timesheet on forms as approved by the
                 Director of Finance, they shall be:

                 (i)     completed by the employees themselves except in the case of illiteracy when
                         the employees line manager will complete them suitably endorsing the
                         timesheets to this effect;
                 (ii)    certified by the appropriate supervisor and authorised by or on behalf of the
                         appropriate Director in their own names;
                 (iii)   completed in the appropriate department by the insertion of total hours
                         worked, grade or rate of pay applicable, bonus payments, sickness deductions
                         and allocations to the appropriate expenditure heads, together with details of
                         work done;
                 (iv)    forwarded to the Director of Finance at a time to be agreed by him.

        11.7     Salaries are normally paid by direct credit through BACS. In exceptional cases
                 where a payment is made by cheque, the cheque shall be posted to the employee (if
                 they work away from the Town Hall) or shall be collected at the Cash Office in the
                 Town Hall and signed for by the employee.

        11.8     In cases where salary payments made by cheque cannot be delivered they shall be
                 returned promptly, to the Director of Finance's department whereupon they shall be
                 cancelled. A replacement cheque shall only be drawn when the Director of Finance
                 is satisfied that the employee to whom it relates is due the payment and is able to
                 receive it personally or has authorised a representative to receive it for him.

12.     Other Payments to Officers and Members

        12.1     All claims for payment of car allowances, subsistence, travelling expenses, post-
                 entry training expenses and other incidental expenses shall be in a form approved by
                 the Director of Finance and submitted to him for payment after being certified by an
                 authorised officer.

        12.2     The names of the officers authorised to certify such records shall be submitted to the
                 Director of Finance by each Director, together with specimen signatures and shall be
                 amended on the occasion of any change. Certifying officers must not authorise their
                 own claims, subordinate officers must not authorise claims of senior officers except
                 that any Director may authorise claims submitted by the Chief Executive.




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        12.3     The claimant shall:

                (i)      certify that the claim records the correct mileages travelled and that they
                         were necessarily undertaken in the performance of their duties;
                (ii)     certify that the amount of any expenses claimed is in accordance with
                         relevant Council regulations and have not previously been claimed;
                (iii)    certify that the insurance cover for the vehicle used for the claimed mileage
                         covers the claimant for business use and indemnifies the Council against any
                         third party claims;
                (iv)     supply the necessary supporting evidence without which claims may be
                         reduced or rejected.

        12.4     All claims in respect of Officers' car allowances, overtime hours and evening
                 meetings shall be submitted to the Director of Finance in a form specified by him by
                 the 7th day of the month. Employees must submit claims within two months of the
                 events (and in any case within one month of the end of the financial year) and should
                 normally represent a previous month’s activity. All claims must be certified by the
                 claimant and by the appropriately authorised officers.

        12.5     All claims in respect of Officers' Travel and Subsistence shall be submitted to the
                 Director of Finance in a form specified by him by the 5th day of the month.
                 Employees must submit claims within two months of the events (and in any case
                 within one month of the end of the financial year) and should normally represent a
                 previous month’s activity. All claims must be certified by the claimant and by the
                 appropriately authorised officers.

        12.6     Any claim that exceeds timescales referred to in 12.4 and 12.5 above shall require
                 the approval of the Director of Finance prior to acceptance of the claim.

        12.7     Payments to Members who are entitled to claim travelling or other allowances will
                 be made by the Director of Finance upon receipt of the prescribed form duly
                 completed. Such payments are normally paid by BACS but where they are paid by
                 cheque these will be delivered to them by courier

        12.8     The Director of Finance shall prepare and submit to the Council an annual report
                 scheduling the Members' allowances payable for the ensuing Municipal year. Once
                 approved, Committee Services will provide the Director of Finance with a schedule
                 of all Members for the ensuing year and their membership on committees qualifying
                 for Members’ allowances.

13.     Income

        13.1     The Director of Finance shall, in conjunction with the other Directors as appropriate,
                 make and maintain adequate arrangements for financial organisation and accounting
                 to ensure the proper recording of sums due to the Council, and the prompt and proper
                 accounting for all cash, including its collection, custody, control and deposit.

        13.2     The collection of, and issue of receipts for, all accounts and monies due to or
                 received by the Council shall be under the direction of the Director of Finance. The
                 Director of Finance should also authorise arrangements for cheques held without
                 being banked. (e.g. candidates election deposits).


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        13.3     Each Director shall provide, promptly, to the Director of Finance such particulars in
                 connection with work done, goods supplied or services rendered and of all other
                 amounts due to the Council to ensure the prompt rendering of accounts for the
                 recovery of income due.

        13.4     The Director of Finance shall be notified promptly of all money due to the Council
                 under contracts, leases, tenancy agreements, conveyances, transfers of property and
                 other agreements entered into which involve the receipt of money by the Council.
                 All relevant documentation shall be submitted to and held by the Director of
                 Finance.

        13.5     All receipt books, forms, tickets, other documents representing money or monetary
                 value and other such items in connection with the collection of income shall be in a
                 form approved by the Director of Finance and shall be ordered, controlled and issued
                 to departments by him. All receipts and issues thereof shall be properly recorded and
                 signed for by the receiving officer and the Director of Finance shall satisfy himself
                 as to the arrangements for their control.

        13.6     Acknowledgements for monies received on behalf of the Council shall be given by
                 officers only on an official form issued by the Director of Finance, except where the
                 monies due are contained in a legal document agreed by the Chief Executive or the
                 Chief Solicitor and Property Services Manager in their capacity as the Council’s
                 legal officers.

        13.7     All money received by an Officer on behalf of the Council shall be kept separately
                 from personal cash and shall be paid intact to the Director of Finance without delay
                 or as he may direct, to the Council's bank account. Personal cheques or any other
                 cheques should not be cashed out of monies held or received on behalf of the
                 Council.

        13.8     Each officer of the Council who receives money on behalf of the Council shall be
                 accountable for that money and shall keep records in connection therewith as are
                 approved by the Director of Finance including a record of all receipts and deposits
                 made either with the Director of Finance or the Council's Bankers.

        13.9     Each officer who banks money shall ensure that the paying-in slip contains in respect
                 of each transaction a reference to the related debt or source of money or otherwise
                 indicates the origins of the cheques.

        13.10 Bankings shall be carried out daily, or if small sums are involved, when the total
              exceeds £100. Collections under £100 should be held no longer than two weeks
              before banking.

        13.11 Where payment is received by a means other than cash the payee shall be 'Epsom
              and Ewell Borough Council'. On no account should a payment be made out to an
              individual officer.

        13.12 The Director of Finance shall mark, by stamp or machine imprint, all cheques and
              payable orders on the reverse with the date of receipt.

        13.13 Every transfer of official money from one member of staff to another will be
              evidenced in the records of the Department(s) concerned by the signatures of the
              Officers involved.

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        13.14 If any discrepancy is revealed between the amount deposited and the amount shown
              as received by the collector it shall be recorded and investigated. Any uncorrected
              deficiency shall be notified to the Director of Finance.

        13.15 The Director of Finance has uninhibited delegated authority to write off debts subject
              to debts in excess of £3,000 (or a group or series aggregating to this amount) only
              being written off following consultation with the Financial Policy Panel.

        13.16 The Council’s charging policy shall be determined by the Strategy and Resources
              Committee as part of the Financial Strategy.

        13.17 Charges shall be reviewed in accordance with the Council’s charging policy at least
              annually by the appropriate Director and agreed by the Director of Finance. Such
              charges shall then be submitted to the appropriate committee for approval, except
              where delegated authority shall otherwise provide.

        13.18 The financial implications of such reviews shall be reflected in the estimates for the
              forthcoming financial year.

        13.19 Any new sources of income shall be handled in accordance with this Income
              Financial Regulation.

14.     Banking Arrangements and Cheques

        14.1     All arrangements with the Council’s bankers concerning banking accounts and
                 making of payments shall be made through the Director of Finance. All bank
                 accounts shall be in the name of the Epsom and Ewell Borough Council and not in
                 the name or designation of any officer.

        14.2     The Director of Finance shall be responsible for the operation and supervision of the
                 Council’s bank and giro accounts including ordering, custody and issue of all
                 cheques.

        14.3     Cheques drawn on the Council's bank account shall bear the facsimile signature of
                 the Director of Finance or be signed by the Director of Finance or other officer
                 authorised to do so except that all cheques in excess of £40,000 are to be signed
                 personally by two of the authorised signatories. Similarly any electronic payments
                 exceeding £40,000 are to be approved by two of the authorised signatories.

        14.4     Payments made from the Council’s bank account other than by cheque shall be
                 subject to arrangements approved in advance by the Director of Finance.

        14.5     The Director of Finance shall maintain a list of authorised signatories, which may
                 differentiate between different types of financial instrument.

        14.6     A full review of the Council’s banking arrangements should be undertaken at least
                 every 5 years.




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15.     Petty Cash and other Imprest Accounts

        15.1     The Director of Finance shall provide such advance accounts as he considers
                 appropriate to such officers of the Council who may need them for the purpose of
                 defraying petty cash and other expenses. These accounts will be maintained on an
                 imprest system.

                 (i)     Payments shall be limited to minor items of expenditure and, except with the
                         prior approval of the Director of Finance, no single item shall exceed £15.00
                         in amount.
                 (ii)    A petty cash claim form must be completed for each item purchased. These
                         forms should be coded and be certified by the appropriate signatory. The
                         officer receiving the reimbursement should sign to record receipt of the
                         monies. In all cases receipts should be attached to the claim forms.
                 (iii)   All items of expenditure from petty cash shall be entered on the appropriate
                         form when reimbursement is required and at least at the end of the month the
                         imprest account shall be reconciled and the actual cash agreed with the
                         balance shown on the account. The designated responsible officer shall
                         certify the total petty cash expenditure for reimbursement as properly due and
                         receipted and passed to the Director of Finance for reimbursement.
                 (iv)    An Officer responsible for an advance account shall not use account monies
                         for personal purposes and shall, if so requested, give to the Director of
                         Finance a certificate as to the balance remaining on the account.
                 (v)     No income received on behalf of the Council may be paid into the advance
                         account but must be banked or paid into the Council as provided for
                         elsewhere in these regulations.
                 (vi)    No cheques shall be encashed using the funds available in the petty cash
                         floats.
                 (vii)   Petty cash and other floats shall be available at all times for the inspection of
                         the Director of Finance or officer appointed by him.

        15.2     On leaving the employment of the Council, or otherwise ceasing to be responsible
                 for an imprest account, an officer shall account to the Director of Finance for the
                 amount advanced.

        15.3     Directors shall ensure that all cash balances are kept in a safe place and secured from
                 unauthorised interference.

        15.4     At the end of each financial year in accordance with the final accounts closing
                 timetable issued by the Director of Finance, each imprest holder shall provide to the
                 Director of Finance a signed verification of the imprest amount held by them as at 31
                 March that year.




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16.     Insurances

        16.1     The Director of Finance shall effect all necessary insurance cover and maintain a
                 register of all insurances effected by the Council showing the property and/or risks
                 covered thereby.

        16.2     Directors shall give prompt written notification to the Director of Finance of the
                 extent and nature of all new risks, properties, plant, vehicles or equipment which
                 require to be insured and of any alterations affecting existing risks or insurances.

        16.3     The Director of Finance shall make all claims on the Council's insurers and negotiate
                 such claims, in consultation with other Officers, where necessary. Directors shall
                 give immediate written notification to the Director of Finance, (and shall inform the
                 police where appropriate) of any loss, liability or damage or any other known
                 circumstances or events likely to lead to a claim under any of the Council’s
                 insurances. Directors shall not enter into any correspondence regarding such
                 situations.

        16.4     It is a requirement of the Council's insurance cover that no admission of liability in
                 respect of loss or damage incurred is made by any of the Council's employees or
                 elected representatives.

        16.5     All appropriate employees of the Council shall be included in suitable fidelity
                 guarantee insurance and officials' indemnity insurance.

        16.6     Where any Council owned land/property is let for the use of private parties for any
                 function whatsoever, the arranging officer shall inform the hirer that they are
                 responsible for insuring such functions in respect of third party claims. All hirers
                 will be required to sign an official booking form that will certify that such insurance
                 cover is in place and thereby indemnifying the Council against any such claims. The
                 sum insured to be such sum as may from time to time be approved by the Director of
                 Finance.

        16.7     The Director of Finance shall notify appropriate officers of the requirements of the
                 insurer as to security precautions and other relevant conditions of policies. These
                 officers shall be responsible for ensuring compliance with all such requirements.

        16.8     The Director of Finance shall annually, or at such other time as he may consider
                 necessary, review all insurances in consultation with other Directors as appropriate.

        16.9     The Director of Finance shall at least every three years, or at such other time as he
                 may consider necessary but not longer than three year intervals and in accordance
                 with Best Value requirements, review its insurance broking arrangements and submit
                 such arrangements to competitive tender.

        16.10 Directors shall consult the Director of Finance and the Borough Solicitor regarding
              the terms of any indemnity that the Council requests or is requested to give.

        16.11 Evidence of adequate insurance cover must be produced annually to the Director of
              Finance for any property in which the Council has a financial interest. All Directors
              shall ensure that all departmental assets are held on an inventory that is reviewed and
              updated at least annually.



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17.     Investments, Borrowings and Trust Funds

        17.1     The Director of Finance shall make all borrowings and investments in the name of
                 the Council except where and to the extent that the Council has authorised its
                 investments to be handled by appointed Investment managers. Both the strategy and
                 the conduct of the borrowings and investments shall be made in accordance with the
                 statutory requirements and CIPFA’s Code for Treasury Management in Local
                 Authorities.

        17.2     The Treasury Policy Statement sets out the strategy and procedures that shall be
                 adopted by the Council and thereafter its implementation and monitoring shall be
                 delegated to the Strategy and Resources Committee.

        17.3     The Director of Finance shall maintain records of all borrowings and investments.

        17.4     All monies in the hands of the Council shall be aggregated for the purposes of
                 Treasury Management and shall be under the control of the Director of Finance.

        17.5     Any officer involved in arranging the receipt or payment (other than by cheque) of
                 any individual sums greater then £100,000 shall provide the Director of Finance as
                 soon as possible with details of the forecast date and amount. Details of the actual
                 date and amount should be provided as soon as confirmed.

        17.6     All executive decisions on borrowing, investments and financing shall be delegated
                 to the Director of Finance or through him to his staff who shall act in accordance
                 with CIPFA’s Code for Treasury Management in Local Authorities.

        17.7     The Director of Finance shall report to the Strategy & Resources Committee on at
                 least an annual basis on the Treasury Management Strategy to be adopted for the
                 forthcoming financial year and an annual report of the previous financial year.

        17.8     All negotiable investments, financial bonds and securities held in the name of the
                 Council or its nominees shall be held under secure arrangements.

        17.9     All trust funds shall be in the name of the Council unless specifically approved by
                 the Council otherwise.

        17.10 All Officers acting as trustees by virtue of their official position shall deposit all
              securities and other documents relating to the trust with the Chief Executive unless
              the deed otherwise provides.

18.     Stocks and Stores

        18.1     The Director of each Department shall be responsible for the care and custody of all
                 stock and stores in his department.

        18.2     Stocks and stores held shall not be in excess of reasonable requirements except in
                 special circumstances, when approval is required from the Director of Finance.

        18.3     Each Director shall keep such records as may be necessary to maintain efficient
                 control of the receipt and issue of stores within his Department. The documentation
                 for the recording and control of stores shall be kept in a form approved by the
                 Director of Finance.

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        18.4     Directors shall arrange for periodical test examination of stocks by persons other
                 than those directly controlling the stocks, and shall ensure that all stocks are checked
                 at least once a year.

        18.5     The Director of Finance shall be entitled to check stocks and stores and be supplied
                 with such information relating thereto as may be required for the accounting, costing
                 and financial records of the Council and shall be entitled to attend stocktakes. This
                 is in addition to and not in substitution of Directors’ responsibilities in regulation
                 18.4.

        18.6     Adjustments to write-off deficiencies or to bring surpluses into account shall be
                 authorised by the Director of Finance.

        18.7     Annually each Director shall forward to the Director of Finance a certificate of the
                 value of all stock and stores, for which they have responsibility as at 31 March, by a
                 date specified by the Director of Finance. The methods of valuation for all stocks
                 and stores shall be relevant to their type and shall be agreed in advance with the
                 Director of Finance.

        18.8     Sales of surplus materials, stores or equipment shall be by competitive tender, public
                 auction or by such other reasonable manner at the discretion of the Director of
                 Finance.

        18.9     All IT equipment which is no longer required shall be returned to ITCS for disposal
                 by competitive tender, public auction or by such other reasonable manner at the
                 discretion of the Director of Finance.

19.     Security

        19.1     Each Director is responsible for maintaining proper security at all times for Council
                 property, buildings, stocks, stores, furniture, equipment, cash etc. under his control.
                 He shall consult the Director of Finance in any case where security is thought to be
                 defective or where it is considered that special security arrangements may be needed.

        19.2     Maximum limits for cash holdings shall be agreed with the Director of Finance and
                 shall not be exceeded without his express permission.

        19.3     Keys to safes and similar receptacles used for security of cash or cheques are to be
                 carried on the person of those responsible at all times while on Council business.
                 The loss of such keys must be reported to the Director of Finance immediately. No
                 new keys to the above are to be cut without the agreement of the Director of Finance.

        19.4     All officers are responsible for maintaining proper security and privacy with respect
                 to any information held and for ensuring compliance with the Data Protection Act
                 1998 and other relevant legislation e.g. Computer Misuse Act 1990.

        19.5     All officers are required to sign and comply with the Council’s IT Security Policy.
                 Any breach of this policy may result in disciplinary action.

        19.6     Items of stationery considered as “controlled” shall be held securely by the Director
                 of Finance and then issued to and signed for by the relevant officers as required.
                 These will include anything of monetary value (vouchers or tickets) and any pre-
                 numbered items (receipts or orders). The classification or not of items as
                 “controlled” shall be at the discretion of the Director of Finance.

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        19.7     All staff shall wear their official identity badge at all times whilst on duty. In order
                 to maintain the physical security of the buildings and contents, staff should challenge
                 anyone who is not wearing an official identity badge or official visitor badge and
                 request proof of identity or reason for being there.

20.     Estates

        20.1     The Chief Solicitor and Property Services Manager shall maintain a terrier of all
                 properties owned by the Council in a form approved by the Director of Finance,
                 recording the:

                 (i)     statutory or other purposes for which they are held;
                 (ii)    property location;
                 (iii)   extent, particulars and nature of any tenancies granted.

        20.2     The Chief Solicitor and Property Services Manager shall be responsible for
                 providing the Director of Finance with copies of leases and tenancy agreements and
                 such other information as he may require to collect such moneys as may be due to
                 the Council under the terms of the leases or agreements.

        20.3     Details of any actual or potential property transaction shall be promptly
                 communicated to and co-ordinated by the Estates Surveyor. This information shall
                 then be promptly disseminated to all interested parties using the approved
                 notification form.

        20.4     The Borough Solicitor shall have the custody of all title deeds under secure
                 arrangements.

21.     Inventories

        21.1     Inventories shall be maintained by all departments recording an adequate description
                 of furniture, fittings and equipment, plant, machinery and vehicles in such form as
                 may be agreed between the Director of Finance and the appropriate Director.

        21.2     Wherever practicable equipment shall be marked as the property of the Council.

        21.3     Each Director shall be responsible for carrying out an annual check of all items on
                 the inventory with the exception of all IT equipment (which will be held on the
                 inventory maintained by ITCS) and office equipment (which will be held on the
                 inventory maintained by facilities management). The appropriate Director shall
                 report any surpluses or deficiencies to the Director of Finance who will advise on the
                 action to be taken.

        21.4     Each Director shall be responsible for the care and custody of all equipment held
                 within his department (including computer equipment).

        21.5     Council property shall not be removed otherwise than in accordance with the
                 ordinary course of the Council’s business or used otherwise than for the Council’s
                 purposes, except in accordance with specific directions issued by a Director and
                 subject to the approval of the Director Group. Any item which is loaned out shall be
                 evidenced by the dated signature of the borrowing officer in a record held by the
                 custodian of the item and signed back in and dated by the custodian upon it’s return.

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        21.6     Disposal of surplus or obsolete items shall be by competitive tender, public auction
                 or by such other reasonable manner at the discretion of the Director of Finance.

        21.7     All museum artefacts shall be added to the relevant inventory at the time of purchase.
                 All purchases shall be evidenced in the Council’s main accounts at this time.

22.     Retention of Documents

        22.1     Historical records are required to be kept for the following purposes:

                (i)      statutory requirements (Inland Revenue, Customs and Excise);
                (ii)     External Audit requirements;
                (iii)    substantiation of payments or claims for payments in later years;
                (iv)     for reference.

        22.2     The Limitation Act 1980 specifies periods during which action under a contract can
                 be taken as: 6 years under a simple contract and 12 years under a sealed deed or
                 agreement. These periods start to run again if a part payment is made or a debt is
                 acknowledged.

        22.3     The Director of Finance shall hold a schedule of documents that must be retained for
                 purposes (i), (ii) and (iii) above and for how long. This schedule shall be reviewed
                 and approved by External Audit. Retention periods for other records will be
                 determined after consultation between the relevant Director and the Director of
                 Finance.




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(f)     CONTRACT STANDING ORDERS



                                                Page

1. Introduction                                 …61

2. Scope and Interpretation                     …61

3. The Procurement Toolkit                      …61

4. The Procurement Process                      …62

5. Who can purchase?                            …63

6. Low value transactions (less than £5,000)    …63

7. Mid value transactions (£5,000 to £50,000)   …64

8. Full tender procedures (over £50,000)        …64

9. Standing lists                               …65

10. Public Sector Framework Agreements          …65

11. EU Procurement Directives                   …66

12. Receiving and opening tenders               …66

13. Evaluating quotes and tenders               …67

14. Awarding contracts                          …67

15. Contract conditions                         …67

16. Contract management                         …69

17. Engagement of Consultants                   …69

18. Exceptions from CSOs                        …69




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                                                                                  Issued: January 2004

1.      Introduction

        1.1      These Contract Standing Orders (CSO) outline the rules which govern the way the
                 Council procures its’ goods and services. The objectives of these rules are to ensure
                 that all contracts made by and on behalf of the Council shall:
                    obtain Best Value in the way we spend money,
                    comply with UK and EU laws that govern the spending of public money
                    protect individuals from undue criticism or allegation of wrongdoing by ensuring
                     that all officers act with independence and integrity

        1.2      Further advice on any respect of these CSO or on procurement matters in general can
                 be obtained from the Head of Procurement & Projects.

2.      Scope and Interpretation

        2.1      These CSO generally apply to all supplies, services and works that the Council buys.
                 Exceptions are listed at CSO 18.

        2.2      If UK or EU Law is changed in a way that affects these CSO then that change must
                 be observed until the CSO can be revised. If there is a conflict between UK or EU
                 legislation and these CSO then the legislation will take precedence.

        2.3      Any reference in CSO to a contract value means an amount exclusive of VAT.

        2.4      All references to a contract value mean the overall contract sum payable over the life
                 of a contract. A 3-year contract with an annual value of £10,000 will have a contract
                 value of £30,000.

        2.5      Any reference in these CSO to the “Council” shall be deemed to include reference to
                 a committee or person acting in accordance with delegated authority on behalf of the
                 Council.

        2.6      All Council employees and contractors engaged to act in any capacity to manage or
                 supervise a contract must comply with these CSO, related Code (s) of Practice and
                 the Council’s Financial Regulations, and each Director must ensure compliance in
                 the department for which he/she is responsible. Failure to comply with these CSO or
                 associated Code (s) of Practice may result in disciplinary action against the officers
                 concerned.

3.      The Procurement Toolkit

        3.1      These CSO set the rules that regulate how the Council’s procurement should be
                 undertaken at a broad level. More detailed advice on achieving best practice in
                 procurement is contained within the Procurement Toolkit. This document covers the
                 overall procurement process and supports these CSO with more practical guidance
                 notes. The Toolkit includes checklist sheets for tender issue and contract award
                 stages as outlined in CSO 4. The Procurement Toolkit is available via the intranet
                 and is issued and updated by the Head of Procurement and Projects.




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4.      The Procurement Process

        4.1      This section outlines the main stages in any procurement process and it is important
                 that officers follow these steps to ensure that best practice is being followed. More
                 detailed information and guidance on each stage of the process is available in the
                 Procurement Toolkit.

        4.2      Step 1 Define the need. Before starting on any procurement activity, officers
                 should understand the whole procurement process to ensure that the need is
                 identified and assessed in order to select the most appropriate method of tendering,
                 contracting and ordering. Officers must first ensure that in accordance with
                 Financial Regulations 5.10 (regarding Capital Expenditure) and 6.7 (regarding
                 Revenue Expenditure), an authorised budget has been made available for these
                 supplies, services or works. At the earliest stage, officers must be able to document
                 the size, scope and nature of the supplies, services or works required. This is to
                 ensure that the right product (or service) at the right price is provided at the right
                 time and to the right quality.

        4.3      Step 2 Procurement Strategy. Once the requirement has been identified in more
                 detail, the Procurement Strategy needs to be considered. Is this a single one-off
                 requirement, a regular requirement that needs to be called off over a period of time
                 or a long-term service provision? This will determine how to approach the market in
                 terms of tendering and what type of contract will be required. The overall estimated
                 contract value of a requirement will determine what method of procurement is
                 required and this is outlined in detail in CSO 6 to 9. For all contracts estimated at
                 over £25,000 in value, the Head of Procurement and Projects must approve a
                 procurement strategy before any tenders are issued to the market. This process
                 should be recorded on a “tendering checklist” that is available within the
                 Procurement Toolkit. This checklist should be completed and passed with the
                 relevant papers to the Head of Procurement and Projects for approval. However it is
                 recommended that discussions with the Head of Procurement and Projects on the
                 best method of procurement should begin at the earliest possible opportunity in the
                 process.

        4.4      Step 3 Choose Method of Procurement. If the works, supplies or services are less
                 than £5,000 Contract Value (low value transaction), procurement will be by official
                 order and the rules set out in CSO 6 shall apply. If the works, supplies or services
                 are between £5,000 and £50,000 Contract Value (mid value transaction),
                 procurement will be by competitive quotation and the rules set out in CSO 7 shall
                 apply. If the works, supplies or services are over £50,000 Contract Value (full
                 tender), procurement will be by competitive tender and the rules set out in CSO 8
                 shall apply.

        4.5      If the works, supplies or services are over the following Contract Values, then these
                 will be governed by EU Procurement Directives, which must be followed:

                                  Works                           £3,800,800
                                  Supplies & Services               £154,000

                 These Directives are covered in more detail in CSO 11 under European Procurement.




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        4.6      Step 4 Bid Evaluation. Tenders and quotations should be assessed on the value for
                 money they offer the Council defined as the optimum balance of whole life costs and
                 benefits that meet the Council’s requirements. Officers must consider the whole life
                 costs to the Council of acquiring, owning, maintaining and disposing of goods,
                 services or works. The evaluation criteria to be used for each purchase need to be
                 clearly indicated in the invitation to quote or tender documents issued to the market.

        4.7      Step 5 Contract Award. For all orders over £25,000 the bid evaluation must be
                 formally recorded onto an “evaluation checklist” which is available from the
                 Procurement Toolkit and passed to the Head of Procurement and Projects for
                 approval before the order or contract is awarded.

        4.8      Step 6 Contract Management. Effective contract management is essential to
                 ensure that the goods, services or works ordered are delivered to the Council as
                 specified. The main focus should be on ensuring that the chosen contractor delivers
                 the benefits and outcomes identified by the Council on an on-going basis.

5       Who Can Purchase?

        5.1      The financial limits governing who can purchase goods and services are contained
                 within the procurement authority list. These define the financial limits within which
                 officers are authorised to raise orders and enter into contracts on behalf of the
                 Council.

        5.2      These financial limits do not exempt officers from seeking approval at tender and
                 contract award stage from the Head of Procurement and Projects as outlined in
                 CSO 4.

6.      Low Value Transactions (less than £5,000)

        6.1      Where the estimated amount or value of the contract does not exceed £5,000, the
                 works, supplies or services should, where possible, be procured through a written
                 quotation before any purchase order is issued provided that:
                    more than one quotation has been obtained, where appropriate;
                    the product/service is not available through a corporate contract or call-off
                     arrangement, which must be used if they exist.
                    the product/service is not available through a public sector framework
                     agreement, which should be used if they exist and no corporate contract is
                     available;
                    if a standing list of tenderers exists then that list must be used as the source of
                     providing the names of contractors from whom quotations are sought;
                    the accepted offer is the lowest compliant price or is the most economically
                     advantageous bid in accordance with documented evaluation criteria;
                    the official order has been authorised by an officer with the appropriate financial
                     limit as contained in the procurement authority list;




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7.      Mid Value Transaction (£5,000 to £50,000)

        7.1      Where the estimated value of the contract exceeds £5,000 but is less than £50,000,
                 including nominated sub-contracts, the works, supplies or services should be
                 procured by competitive quotation provided that the actual contract value does not
                 exceed £50,000 or is no more than 10% in excess of the estimated value and that:
                    at least three written quotes are sought;
                    where a standing list of tenderers exists then that list must be used as the source
                     of providing the names of contractors from whom quotations are sought;
                    the accepted quotation is the lowest compliant price or is the most economically
                     advantageous bid in accordance with documented evaluation criteria;
                    the contract is evidenced in writing by official order and has been authorised by
                     an officer with the appropriate financial limit as contained in the procurement
                     authority list;
                    the expenditure is within approved budgets.

        7.2      If 3 quotations cannot be obtained because there are insufficient suitable suppliers in
                 the market place prepared to quote, or where the appropriate Director feels that this
                 is inappropriate in the interests of the efficient management of the service, then the
                 appropriate Director must keep a record of the reasons for this.

8.      Full Tender Procedures (over £50,000)

        8.1      All contracts, including nominated sub-contracts with an estimated contract value
                 exceeding £50,000, should be procured by competitive tender. Officers must select
                 one of the following 3 methods of tendering. Advice on how to select the most
                 appropriate method should be sought from the Head of Procurement and Projects.

        8.2      Open Procedure

                 This procedure shall apply where the Council, Committee or authorised officer has
                 decided that tenders for a contract are to be by open competition. The tender shall be
                 advertised in one or more local newspapers and also in one or more newspapers or
                 specialist journals or magazines. The advertisement should specify a time limit
                 (minimum 14 days) within which interested parties must express their interest in
                 tendering. After the expiry of this period, invitations to tender should be sent to all
                 the interested parties, specifying a period of not less than three weeks for the return
                 of tenders.

        8.3      Restricted Procedure

                 This procedure shall apply where the Council or a committee or an authorised officer
                 has decided to pre-select those contractors that are interested in bidding. The
                 procedure is exactly the same as the Open Procedure detailed above except the
                 advertisement should state that a restricted tendering procedure will be used. The
                 advertisement should either specify the information to be provided by interested
                 parties for the short-listing process or request them to apply for a pre-tender
                 questionnaire. Bidders should be given a minimum of 14 days to supply this
                 information. Invitations to tender should be sent to no less than four tenderers
                 selected by means of pre-determined, selection criteria (or all of them where less

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                 than four entrants meet the criteria). The invitation to tender should specify a period
                 of not less than three weeks for the return of tenders.

        8.4      Negotiated Procedure

                 This tendering procedure may be used for contracts with estimated values of £50,000
                 or more if it is considered that this option will achieve the best contract value. The
                 procedure is essentially the same as the Restricted Procedure detailed above but
                 allows for Post Tender Negotiations to take place. The advert must clearly state that
                 the Negotiated Procedure is being used and that the Council reserves the right to
                 enter into Post Tender Negotiations. All post tender negotiations must be conducted
                 in a manner that allows all bidders the opportunity to negotiate and which maintains
                 the highest standards of integrity. All post tender negotiations must be approved by
                 the Head of Procurement and Projects and relevant Director and be conducted by a
                 senior officer. The Negotiated Procedure should only be used in the following
                 circumstances:
                    either the Open or Restricted procedures has been used and resulted in
                     unacceptable or irregular tenders or no tenders; or
                    where the nature of the works, services or supplies being procured is such that a
                     precise specification cannot be drawn up; or
                    the procurement includes a design element.

9.      Use of Standing Lists

        9.1      For works and maintenance contracts only, standing lists should be used where they
                 are available for all contracts estimated less than £50,000. For contracts estimated at
                 over £50,000, competitive tendering must be used in place of standing lists.

        9.2      The Council utilises a third party supplier accreditation database to manage our
                 standing lists for works and maintenance. This database holds details of suppliers
                 that have registered with the Council and been fully vetted against financial,
                 technical, health & safety and past performance criteria. This database must be used
                 for selecting contractors for works when using the standing list method of tendering.

        9.3      For supplies and services contracts, standing lists should be used if they exist for
                 contracts estimated less than £50,000, provided that the suppliers on such lists have
                 been regularly evaluated against financial, technical and past performance, within the
                 last 24 months. If a standing list has not been updated and reviewed within this
                 period it must be re-advertised to the market and compiled again.

10.     Use of Framework Agreements

        10.1     There are a number of Public Sector Framework Agreements that have been
                 negotiated by Central Government agencies for use by all public authorities. These
                 cover a wide variety of supplies and services and should provide value for money for
                 the Council as the terms are negotiated on very high volumes. The use of these
                 agreements is encouraged for low value transactions (less than £5,000) as they have
                 already been competitively tendered and contracts can be awarded against these
                 agreements without the need for advertising and tendering. Further advice on Public
                 Sector Framework Agreements including a list of current contracts available can be
                 found in the Procurement Toolkit.



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11.     EU Procurement Directives

        11.1     If the estimated total contract value is over the following financial thresholds then
                 the EU Procurement Directives will apply to the procurement process:

                                  Works                                       £3,800,000
                                  Services, & Supplies                          £154,000

        11.2     Under EU Procurement Directives, contracts must be tendered under the Open,
                 Restricted or, in exceptional circumstances, the Negotiated Procedure. Although
                 these procedures are essentially the same as detailed in CSO 8, they must also be
                 advertised in the Official Journal of the European Communities (OJEC) and the
                 timescales for bidders to respond to tenders are prescribed and must be strictly
                 adhered to.

        11.3     Advice must be sought from the Head of Procurement and Projects prior to
                 commencing on any procurement that requires the use of EU Procurement
                 Directives.

12.     Receiving and Opening Tenders

        12.1     Every invitation to tender shall state that all tenders shall be enclosed in a plain
                 sealed envelope bearing the word “Tender” followed by the subject to which it
                 relates, but with no other names or marks identifying the sender. Submissions by
                 other means, e.g. by facsimile, are not acceptable.

        12.2     Tenders shall be addressed impersonally to the Chief Executive and shall be kept in
                 his custody until the time and date specified for their opening (as stated in the
                 invitations to tender). An officer receiving a tender shall mark the envelope with the
                 date and time of receipt.

        12.3     No tender shall be accepted unless it complies with the above. Any tender received
                 after the date and time indicated shall not be considered but shall be retained
                 unopened until after the list of tenders received has been made available and then be
                 returned to the sender.

        12.4     A tender received after the time fixed for receipt but before the other tenders have
                 been opened may be considered, provided that there is evidence that it was posted or
                 dispatched early enough to be received in due time by the normal course of post or
                 dispatch.

        12.5     Tenders shall be opened at one time and in the presence of:

                    For tenders with an estimated value over £100,000, a minimum of 1 Member of
                     the Council and 2 officers not directly involved with the tender must be present.
                    For tenders with an estimated value under £100,000, 1 officer not directly
                     involved with the tender must be present.

        12.6     The opened tenders must be fully recorded, detailing the nature of the goods,
                 services or works, names of each firm bidding, the amount of each tender, the date
                 and time of opening and the reasons for any disqualification of a tender. The
                 Councillors and/or officers present should sign and date the tender summary of each
                 tender opened.

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13.     Evaluating Quotes and Tenders

        13.1     Where competitive quotations are invited for contracts below £50,000 the bidder
                 submitting the lowest price compliant bid should be awarded the contract, unless
                 alternative pre-determined evaluation criteria have been stated in the invitation
                 documents.

        13.2     For contracts valued over £50,000 and for all tenders subject to EU Procurement
                 Directives a more complex evaluation framework must be used to establish that Best
                 Value will be delivered from the Procurement Process. This evaluation process is
                 based upon the Most Economically Advantageous Tender (MEAT) rather than just
                 the lowest price. This method of evaluation must be stated in the tender documents
                 clearly identifying the evaluation criteria and weighting them in importance.

        13.3     All tenders received must then be evaluated against these criteria utilising a weighted
                 scoring system. More detailed advice on evaluating tenders can be found in the
                 Procurement Toolkit.

14.     Awarding Contracts

        14.1     The results of all quotation and tender evaluations should be recorded and the Head
                 of Procurement and Projects must approve these for contracts valued over £25,000
                 before any contract is awarded.

        14.2     A contract or purchase order can only be awarded by an Officer authorised to do so
                 and after ensuring that the necessary budget provision is available.

        14.3     Where only one tender or quotation with a value over £5,000 is received it should
                 not be awarded without the prior written approval of the relevant Director.

        14.4     Before any tender or quotation exceeding the allowance provided for in the
                 Council’s budget for the said works, goods materials or services is accepted, the
                 Council shall consider a report from the appropriate Director detailing the
                 implications of accepting such a tender or estimate and shall consider what action to
                 take having regard for Financial Regulations.

15.     Contract Conditions

        15.1     Contract terms and conditions set out the basic requirements that will be common to
                 most procurements such as what will happen in the case of default by a supplier and
                 when and how payments will be made.

        15.2     Such terms and conditions should not be overly adversarial so that fair and trusting
                 relationships can be developed with suppliers. However officers need to ensure that
                 the Council is protected against defaults and disputes. Suppliers’ own terms and
                 conditions are unlikely to be favourable to the Council or provide sufficient
                 protection in the event of default by the supplier.

        15.3     Further information on contract conditions, including details of specific clauses that
                 are applicable for goods, services or works contracts are available in the
                 Procurement Toolkit. However as a general rule, every contract with a value over
                 £5,000 should:


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                    be in writing in a form approved by the Chief Solicitor or be the subject of an
                     official order;
                    be signed by the officer responsible for supervising the contract on behalf of the
                     Council;
                    specify the goods, materials, or services to be supplied and work to be executed;
                    specify the price to be paid together with a statement as to the amount of any
                     discount or other deduction;
                    specify the time for performance of the contract;
                    provide for liquidated damages to be paid by the contractor in case the terms of
                     the contract are not duly performed if financial loss is likely to arise from delay;
                    contain a clause to ensure that should the contractor fail to deliver all or part of
                     the goods or services within the time specified in the contract, the Council will
                     be able to cancel the contract and purchase these goods or services from another
                     contractor at no extra cost to the Council;
                    The clause shall further secure that the amount by which the cost of so
                     purchasing other goods or materials exceed the amount which would have been
                     payable to the contractor in respect of the goods or materials, shall be
                     recoverable from the contractor. Such clause may be amended or waived at the
                     discretion of the Director in consultation with the Chief Solicitor and the Director
                     of Finance;
                    For every contract that exceeds £100,000 in value or amount, or lower if deemed
                     necessary by the Director concerned, sufficient security for the due performance
                     of the contract of an appropriate amount of the contract sum shall be taken. A
                     reasonable balance shall be retained to the end of the defects liability period on
                     works contracts.
                    Every contract shall contain a clause empowering the Council to cancel the
                     contract and to recover any loss resulting from such cancellation if:

                         (i)      the contractor (or an employee or person acting on his behalf) shall
                                  have offered or given or agreed to give to any person any gift or
                                  consideration of any kind as an inducement or reward for entering
                                  into the contract with the Council; or

                         (ii)     in relation to any contract with the Council the contractor or any
                                  person employed by him or acting on his behalf shall have committed
                                  any offence under the Prevention of Corruption Acts 1889 to 1916; or

                         (ii)     in relation to any contract with the Council the contractor or any
                                  person employed by him or acting on his behalf shall have given any
                                  fee or reward the receipt of which is an offence under Section 117(2)
                                  of the Local Government Act 1972.

                    Any standard terms and conditions of contract submitted by prospective
                     contractors shall not be accepted without advice from the Chief Solicitor.
                     Proposed payment arrangements under a contract must be discussed with and
                     agreed with the Director of Finance or his representative in advance of the
                     contract being entered into.

                    Any contract that requires the contractor to make payments or to collect income
                     on behalf of the Council shall reserve the Director of Finance’s rights of audit as
                     if the contractor was an employee of the Council.

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16.     Contract Management

        16.1     Contract management is the interface between the Council and the supplier and this
                 relationship needs to be seen as part of the on-going procurement process. The main
                 focus and benefit of good contract management is to ensure that the benefits
                 identified in the contract are actually delivered.

        16.2     For all major contracts over £50,000 and for all service contracts, clear objectives
                 should be set at contract award stage, establishing what is expected from the supplier
                 and more importantly how it will be measured. Key performance indicators should
                 be agreed and formalised as the means of assessing performance. Contract managers
                 need to be able to tackle under-performance by the contractor using these methods.

17.     Engagement of Consultants

        17.1     Persons engaged to supervise or arrange contracts shall be required:
                      to comply with these CSO as though (s)he were an employee of the Council,
                       subject to the modification that the procedure to be followed inviting and
                       opening tenders shall be approved in advance by the appropriate Director. No
                       exception to this shall be made otherwise than by direction of the Council;
                      at any time during the performance of the contract, to produce to the appropriate
                       Director, on request, all records maintained by him in relation to the contract;
                      to transmit, on completion of the contract, all such records to the appropriate
                       Director.

18.     Exceptions

        18.1     The following circumstances represent the only permitted exceptions from all or part
                 of CSO.
                 (a)      The goods, works or services are being purchased under a Public Sector
                          Framework Agreement that has already been tendered as per CSO 10.
                 (b)      Goods or materials are proprietary articles or are sold only at a fixed price
                          and no satisfactory alternative is available.
                 (c)      The price of the goods or materials is wholly controlled by trade
                          organisations, government order or statutory undertakers where they have
                          monopoly status and no satisfactory alternative is available.
                 (d)      The execution of works or supply of services are of a specialised nature that,
                          in the opinion of the appropriate Director, are obtainable from fewer
                          prospective contractors than required by Standing Orders. In this case,
                          tenders or quotations shall be obtained from the sole or all available
                          suppliers/persons who possess sufficient expertise or suitability.
                 (e)      The work to be executed or the goods or materials to be supplied consist of
                          repairs to, or the supply of, parts for existing proprietary machinery or plant.
                 (f)      Where the Council is acting as an agent authority under an agreement and the
                          principal authority has otherwise instructed.
                 (g)      Where the contract is one of employment.
                 (h)      Where the contract relates to a financial transaction.
                 (i)      Other reasons where there is no genuine competition.
                 (j)      The work to be executed or goods or materials to be supplied constitute an
                          extension of an existing contract.

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                 (k)     Where the contract is for the execution of work or the supply of goods or
                         materials certified by the appropriate Director as being required so urgently
                         as not to permit the invitation to tenders.
                 (l)     Where the contract is for the disposal or acquisition of land or property.

        18.2     Exceptions (a) to (h) inclusive may be invoked without further report or
                 authorisation. Exceptions (i) to (l) inclusive may be invoked only after EITHER a
                 report has been made to the appropriate committee requesting that CSO are waived
                 and why, OR the approved Officer Action form for works of an urgent nature has
                 been used and fully authorised. The Director concerned shall not proceed without
                 having obtained authorisation where required.




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(g)     OFFICER EMPLOYMENT PROCEDURE RULES

1.      Recruitment and Appointment

        1.1           Declarations

        (i)           The Council will draw up a statement requiring any candidate for appointment as an
                      officer to state in writing whether they are the parent, grandparent, partner, child,
                      stepchild, adopted child, grandchild, brother, sister, uncle, aunt, nephew, or niece of
                      an existing Councillor or Officer of the Council; or the partner of such persons;
        (ii)          No candidate so related to a Councillor or an Officer will be appointed without the
                      authority of the relevant Director or an officer nominated by him/her.

        1.2           Seeking support for appointment

        (i)           The Council will disqualify any applicant who directly or indirectly seeks the
                      support of any Councillor or Officer for any appointment with the Council. The
                      content of this paragraph will be included in any recruitment information.
        (ii)          No Councillor or Officer will seek support for any person for any appointment with
                      the Council.

2.      Recruitment of Directors

        2.1           Where the Council proposes to appoint a Director, the Chief Executive, in
                      consultation with the Panel referred to in 2.2 below, will: -
        (a)           draw up a statement specifying: -
               (i)       the duties of the Officer concerned; and
               (ii)      any qualifications or qualities to be sought in the person to be appointed
        (b)           make arrangements for the post to be advertised in such a way as is likely to bring it
                      to the attention of persons who are qualified to apply for it; and
        (c)           make arrangements for a copy of the statement mentioned in paragraph (a) to be sent
                      to any person on request.

        2.2           The Chief Executive and Director of Human Resources will, after consultation with
                      the Panel, interview and select candidates for final interview by that Panel,
                      consisting of the Chairman of the Strategy and Resources Committee, three other
                      Councillors trained in interview techniques (to include appropriate minority group
                      representation) together with the Chairman or Vice-Chairman of any other
                      Committee concerned.

        2.3           A panel of five members, composed of the Chairman of the Strategy and Resources
                      Committee and four other members appointed by that Committee (to include
                      appropriate minority group representation) will make all necessary arrangements for
                      the recruitment and selection of the Chief Executive in accordance with the
                      arrangements set out in 2.1 above.




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3.      Appointment of Directors

        The panel referred to in 2.2 above will have power to appoint Directors.

4.      Appointment of Chief Executive

        The Full Council will approve the appointment of the Chief Executive following the
        recommendation of the panel referred to in 2.3 above.

5.      Officers below Directors

        Appointment of Officers below Directors is the responsibility of the Chief Executive or
        his/her nominee and may not be made by Councillors (except that in the case of Division
        Heads, provision will be made for consultation with the appropriate Committee Chairman).

6.      Disciplinary Action for Alleged Misconduct (including Dismissal)

        (a)      Suspension: The Chief Executive, Director of Finance and Monitoring Officer may
                 be suspended by a decision of the Full Council whilst an investigation takes place
                 into alleged misconduct. The suspension will be on full pay and last no longer than
                 two months.
        (b)      Independent person: No other disciplinary action may be taken in respect of any of
                 those officers, except in accordance with a recommendation in a report made by a
                 designated independent person under Regulation 7 of the Local Authorities
                 (Standing Orders) Regulations 2001.
        (c)      Involvement of Councillors: Councillors will not be involved in any disciplinary
                 action against any officer below Director except where such involvement is
                 necessary for any investigation or inquiry into alleged misconduct, through the
                 Council’s disciplinary, capability and related appeals procedures, as adopted from
                 time to time.




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                                  PART 5: CODES AND PROTOCOLS


                                                                         Page

(a)     CODE OF CONDUCT FOR MEMBERS AND CO-OPTED MEMBERS                 …2

(b)     OFFICERS’ CODE OF CONDUCT                                        …8

(c)     MEMBER/OFFICER PROTOCOL                                          …15

(d)     CODE OF CONDUCT AND PRACTICE IN LICENSING PROCEDURES             …20
        AND HEARINGS

(e)     CODE OF CONDUCT ON PLANNING MATTERS                              …30

(f)     WHISTLEBLOWING POLICY                                            …44




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(a)     CODE OF CONDUCT FOR MEMBERS AND CO-OPTED MEMBERS

                                                                                     Issued: July 2002

                                               PART 1
                                           General Provisions

                                                   Scope

1.      (1)      A member must observe the authority’s code of conduct whenever he/she:
                 (a)     conducts the business of the authority;
                 (b)     conducts the business of the office to which he/she has been elected or
                         appointed, or
                 (c)     acts as a representative of the authority,
                 and references to a member’s official capacity shall be construed accordingly.

        (2)      The authority’s code of conduct shall not, apart from paragraphs 4 and 5(a) below,
                 have effect in relation to the activities of a member undertaken other than in an
                 official capacity.

        (3)      Where a member acts as a representative of the authority:
                 (a)     on another relevant authority, he/she must, when acting for that other
                         authority, comply with that other authority’s code of conduct; or
                 (b)     on any other body, he/she must, when acting for that other body, comply with
                         the authority’s code of conduct, except and insofar as it conflicts with any
                         other lawful obligations to which that other body may be subject.

        (4)      In this code “member” includes a co-opted member of an authority.

                                               General Obligations

2.      A member must:
        (a)      promote equality by not discriminating unlawfully against any person;
        (b)      treat others with respect; and
        (c)      not do anything which compromises or which is likely to compromise the
                 impartiality of those who work for, or on behalf of, the authority.

3.      A member must not:
        (a)    disclose information given to him/her in confidence by anyone, or information
               acquired which he/she believes is of a confidential nature, without the consent of a
               person authorised to give it, or unless he/she is required by law to do so, nor
        (b)    prevent another person from gaining access to information to which that person is
               entitled by law.

4.      A member must not in his/her official capacity, or any other circumstance, conduct
        himself/herself in a manner which could reasonably be regarded as bringing his/her office or
        authority into disrepute.


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5.      A member:
        (a)      must not in his/her official capacity, or any other circumstance, use his/her position
                 as a member improperly to confer on or secure for himself/herself or any other
                 person, an advantage or disadvantage; and
        (b)      must, when using or authorising the use by others of the resources of the authority:
                 (i)     act in accordance with the authority’s requirements; and
                 (ii)    ensure that such resources are not used for political purposes unless that use
                         could reasonably be regarded as likely to facilitate, or be conducive to, the
                         discharge of the functions of the authority or of the office to which the
                         member has been elected or appointed.

6.      A member must when reaching decisions have regard to any relevant advice provided to
        him/her by:
        (a)      the authority’s chief finance officer acting in pursuance of his/her duties under
                 section 114 of the Local Government Finance Act 1988 or an equivalent provision in
                 any regulations made under section 6(6) of the Local Government and Housing Act
                 1989; and
        (b)      the authority’s monitoring officer acting in pursuance of his/her duties under section
                 5(2) of the Local Government and Housing Act 1989.

7.      A member must if he/she becomes aware of any conduct by another member which he/she
        reasonably believes involves a failure to comply with the authority’s code of conduct, make
        a written allegation to that effect to the Standards Board for England as soon as it is
        practicable for him/her to do so.




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                                                 PART 2
                                                 Interests

                                            Personal Interests

8.      (1)      A member must regard himself/herself as having a personal interest in any matter if
                 the matter relates to an interest in respect of which notification must be given under
                 paragraphs 14 and 15 below, or if a decision upon it might reasonably be regarded as
                 affecting to a greater extent than other council tax payers, ratepayers, or inhabitants
                 of the authority’s area, the well-being or financial position of himself/herself, a
                 relative or a friend or:
                 (a)     any employment or business carried on by such persons;
                 (b)     any person who employs or has appointed such persons, any firm in which
                         they are a partner, or any company of which they are directors;
                 (c)     any corporate body in which such persons have a beneficial interest in a class
                         of securities exceeding the nominal value of £5000; or
                 (d)     any body listed in sub-paragraphs (a) to (e) of paragraph 15 below in which
                         such persons hold a position of general control or management.

        (2)      In this paragraph:
                 (a)     “relative” means a spouse, partner, parent, parent-in-law, son, daughter, step-
                         son, step-daughter, child of a partner, brother, sister, grandparent, grandchild,
                         uncle, aunt, nephew, niece, or the spouse or partner of any of the preceding
                         persons; and
                 (b)     “partner” in sub-paragraph (2)(a) above means a member of a couple who
                         live together.

                                      Disclosure of Personal Interests

9.      A member with a personal interest in a matter who attends a meeting of the authority at
        which the matter is considered must disclose to that meeting the existence and nature of that
        interest at the commencement of that consideration, or when the interest becomes apparent.

                                           Prejudicial Interests

10.     (1)      Subject to sub-paragraph (2) below, a member with a personal interest in a matter
                 also has a prejudicial interest in that matter if the interest is one which a member of
                 the public with knowledge of the relevant facts would reasonably regard as so
                 significant that it is likely to prejudice the member’s judgement of the public interest.

        (2)      A member may regard himself/herself as not having a prejudicial interest in a matter
                 if that matter relates to:
                  (a)    another relevant authority of which he/she is a member
                  (b)    another public authority in which he/she holds a position of general control
                         or management;
                  (c)    a body to which he/she has been appointed or nominated by the authority as
                         its representative;




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                  (d)    the housing functions of the authority where the member holds a tenancy or
                         lease with a relevant authority, provided that he/she does not have arrears of
                         rent with that relevant authority of more than two months, and provided that
                         those functions do not relate particularly to the member’s tenancy or lease;
                  (e)    the functions of the authority in respect of school meals, transport and
                         travelling expenses, where the member is a guardian or parent of a child in
                         full time education, unless it relates particularly to the school which the child
                         attends;
                  (f)    the functions of the authority in respect of statutory sick pay under Part XI of
                         the Social Security Contributions and Benefits Act 1992, where the member
                         is in receipt of, or entitled to the receipt of, such pay from a relevant
                         authority; and
                  (g)    any functions of the authority in respect of an allowance or payment made
                         under sections 173 to 176 of the Local Government Act 1972 or section 18 of
                         the Local Government and Housing Act 1989.

                                               Scrutiny Committee

11.     (1)      For the purposes of this Part, if a member is involved in the consideration of a matter
                 at a meeting of the Scrutiny Committee or a sub–committee of such a committee,
                 he/she must regard himself/herself as having a personal and a prejudicial interest if
                 that consideration relates to a decision made, or action taken, by another of the
                 Council’s committees, sub-committees or joint committees or joint sub-committees
                 of which he/she may also be a member.

        (2)      But sub-paragraph (1) above shall not apply if that member attends that meeting for
                 the purpose of answering questions or otherwise giving evidence relating to that
                 decision or action.

                                  Participation in Relation to Disclosed Interests

12.     (1)      A member with a prejudicial interest in any matter must:
                 (a)     withdraw from the room or chamber where a meeting is being held whenever
                         it becomes apparent that the matter is being considered at that meeting,
                         unless he/she has obtained a dispensation from the authority’s standards
                         committee, and
                 (b)     not seek improperly to influence a decision about that matter.
        (2)      A member with a prejudicial interest may, unless that interest is of a financial nature,
                 and unless it is an interest of the type described in paragraph 11 above, participate in
                 a meeting of the authority’s:
                 (a)     scrutiny committees, and
                 (b)     joint or area committees,
                 to the extent that such committees are not exercising functions of the authority.

13.     For the purposes of this Part, “meeting” means any meeting of:
        (a)      the authority;
        (b)       any of the authority’s committees, sub-committees or joint-committees, joint sub-
                  committees or advisory committees.

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                                           PART 3
                             THE REGISTER OF MEMBERS’ INTERESTS

                              Registration of Financial and Other Interests

14.     Within 28 days of the provisions of the authority’s code of conduct being adopted or applied
        to the authority or within 28 days of his/her election or appointment to office (if that is later)
        a member must register his/her financial interests in the authority’s register maintained
        under section 81(1) of the Local Government Act 2000 by providing written notification to
        the authority’s monitoring officer of:
        (a)      any employment or business carried on by him/her ;
        (b)      the name of the person who employs or has appointed him/her, the name of any firm
                 in which he/she is a partner, and the name of any company for which he/she is a
                 remunerated director;
        (c)      the name of any person, other than a relevant authority, who has made a payment to
                 him/her in respect of his/her election or any expenses incurred by him/her in carrying
                 out his duties;
        (d)      the name of any corporate body which has a place of business or land in the
                 authority’s area, and in which the member has a beneficial interest in a class of
                 securities of that body that exceeds the nominal value of £25,000 or one hundredth of
                 the total issued share capital of that body;
        (e)      a description of any contract for goods, services or works made between the
                 authority and himself/herself, or a firm in which he/she is a partner, a company of
                 which he/she is a remunerated director, or a body of the description specified in sub-
                 paragraph (d) above;
        (f)      the address or other description (sufficient to identify the location) of any land in
                 which he/she has a beneficial interest and which is in the area of the authority;
        (g)      the address or other description (sufficient to identify the location) of any land where
                 the landlord is the authority and the tenant is a firm in which he/she is a partner, a
                 company of which he/she is a remunerated director, or a body of the description
                 specified in sub-paragraph (d) above; and
        (h)      the address or other description (sufficient to identify the location) of any land in the
                 authority’s area in which he/she has a licence (alone or jointly with others) to occupy
                 for 28 days or longer.

15.     Within 28 days of the provisions of the authority’s code of conduct being adopted or applied
        to that authority or within 28 days of his/her election or appointment to office (if that is
        later) a member must register his/her other interests in the authority’s register maintained
        under section 81(1) of the Local Government Act 2000 by providing written notification to
        the authority’s monitoring officer of his/her membership of or position of general control or
        management in any:
        (a)      body to which he/she has been appointed or nominated by the authority as a
                 representative;
        (b)      public authority or body exercising functions of a public nature;
        (c)      company, industrial and provident society, charity, or body directed to charitable
                 purposes;
        (d)      body whose principal purposes include the influence of public opinion or policy, and


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        (e)      trade union or professional association.

16.   A member must within 28 days of becoming aware of any changes to the interests specified
      under paragraphs 14 and 15 above, provide written notification to the authority’s monitoring
      officer of that change.

                                    Registration of Gifts and Hospitality

17.     A Member must within 28 days of receiving any gift or hospitality over the value of £25,
        provide written notification to the authority’s monitoring officer of the existence and nature
        of that gift or hospitality.




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(b)     OFFICERS’ CODE OF CONDUCT

                                                                                   Issued: January 2004

1.      Introduction

        1.1      The public is entitled to expect the highest standards of conduct from all staff
                 working for Epsom and Ewell Borough Council. Public confidence in staff's
                 integrity would be shaken were the least suspicion to arise, however ill founded, that
                 they could in any way be influenced by improper motives.

        1.2      The Council has approved this Code of Conduct after consultation with
                 representatives of staff. It applies to all members of staff. It draws together existing
                 laws, regulations, standing orders, policies and conditions of service relating to
                 conduct and provides further guidance to assist and protect staff in their day-to-day
                 work. A section on conduct is also contained in the Staff Handbook.

        1.3      Unless otherwise stated, failure to follow the various guidelines and requirements set
                 out in this Code could result in disciplinary action being taken, which could lead to
                 dismissal. Equally, the Council's Grievance Procedure would apply if any member
                 of staff were unhappy at the way the Code was applied in his/her case. It is therefore
                 important that staff familiarise themselves with the contents of this Code.

        1.4      Copies of the individual policies or terms and conditions of employment referred to
                 in the Code are always available for reference on IRIS, (the Council’s Intranet), or
                 from Human Resources and staff should feel free to refer to them to seek
                 clarification on any point at any time or to speak to Human Resources in confidence
                 on any specific matter arising from it. If in doubt on any matter arising from the
                 Code, a member of staff should always seek advice as soon as possible.

        1.5      The Code gives detailed advice and guidance in a number of specific areas as
                 follows: -

                 Section          Subject

                 2.               Standards in General
                 3.               Political Neutrality
                 4.               Disclosure of Information
                 5.               Relationships with various parties
                 6.               Financial Regulations and Standing Orders relating to Contracts
                 7.               Separation of Roles during Tendering
                 8.               Recruitment and other Employment Matters
                 9.               Outside Interests and Politically Restricted Posts
                 10.              Personal Interests
                 11.              Equality and Health and Safety Issues
                 12.              I.T. Security
                 13.              Gifts and Hospitality




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        1.6      In particular, please note that you are required to report full details of: -

                 a)      Personal friendships/relationships with Councillors, contractors or potential
                         contractors (see section 5 of the Code)

                 b)      Personal interests in certain financial and non-financial matters, especially
                         contracts (see section 10 of the Code)

                 c)      Hospitality received and offered (see section 13 of the Code)

        1.7      The Monitoring Officer holds two registers for these purposes (see Appendix 1).
                 The forms are held as templates in Microsoft Word (File/New/Human
                 Resources/Register of Interests; File/New/Human Resources/Declarations of Gifts
                 and Hospitality) or hard copies can be obtained by contacting the Monitoring
                 Officer.

        1.8      The Registers will not be open to public inspection but will be open to inspection by
                 Members of the Council, the Monitoring Officer, the Chief Executive or members of
                 staff authorised to do so by the Monitoring Officer in the course of their duties.
                 Other than in these circumstances, the Registers can only be inspected with either
                 your prior consent or under any statutory right of access.

2.      Standards in General

        2.1      You are expected to give the highest possible standard of service to the public and,
                 where it is part of your duties, to provide appropriate advice to councillors and
                 fellow staff with impartiality.

        2.2      You will be expected, through agreed procedures and without fear of recrimination,
                 to bring to the attention of the appropriate level of management any deficiency in the
                 provision of service. You must report any impropriety or breach of procedure.
                 Normally this would be to your Line Manager but in exceptional cases, may be
                 direct to a Director or the Chief Executive. Further information is contained in the
                 Council’s Whistle-blowing Policy.

        2.3      Conversely, you should be aware that it is a serious criminal offence for you
                 corruptly to receive or give any gift, loan, fee, reward or advantage for doing, or not
                 doing, something or for showing favour, or disfavour, to any person in your official
                 capacity.

3.      Political Neutrality

        3.1      You serve the Council as a whole. It follows you must serve all Councillors and not
                 just those of the controlling group, and must ensure that the individual rights of all
                 Councillors are respected. The Member/Officer Protocol provides further guidance
                 on the respective role of members and officers and principles governing general
                 conduct.

        3.2      If you are called upon to advise a specific political group within the Council, either
                 as to the work of the group or as to the work of the Council, you may only do so with
                 the prior consent of your Director. You must not attend any meeting of any such
                 political group without the prior agreement of the Chief Executive.


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4.      Disclosure of Information

        4.1      It is generally accepted that open government is best. The law requires that certain
                 types of information must be available to Councillors, auditors, government
                 departments, service users and the public. You must be aware of which information
                 is and is not open and act accordingly.

        4.2      The Council's practice has always been to make as much information available to the
                 public as possible and, after 1 January 2005, there will be a positive obligation to do
                 so in accordance with the Freedom of Information Act 2000.

        4.3      In preparing committee reports, items should not be made "exempt" even though this
                 might be technically possible, unless disclosure would prejudice the position of the
                 Council or the individual or organisation concerned. Whenever possible, such
                 information should be restricted to an exempt appendix. Generally therefore you
                 may release factual information unless it:

                 (i)     is (or is likely to be) the subject of an exempt report;

                 (iii)   relates to the personal circumstances of a member of staff (or ex-member,
                         apart from references) or Councillor, a member of the public or organisation.
                         Such information can only be released by first obtaining the person's or
                         organisation's permission for the disclosure; or

                 (iii)   is covered by restrictions under the Data Protection Act 1998 or an
                         exemption under the Freedom of Information Act 2000.

                 Further guidance on the disclosure of information can be obtained from the
                 Monitoring Officer.

        4.4      You should pay particular attention to requests for information from the Press or
                 Police. Enquiries from the police should be referred to your Director and enquiries
                 from the press should be referred to the Public Relations Officer. Further guidance
                 on publicity and the media is contained in the Member/Officer Protocol.

        4.5      You should not use any information obtained in the course of your employment for
                 personal gain nor should you pass it on to others who might use it in such a way.

5.      Relationships

        5.1      Councillors

                 5.1.1. You are responsible to the Council through its Senior Managers. For some
                        officers, your role is to give advice to Councillors and the Council. Mutual
                        respect between you and Councillors is essential to good Local Government.
                        Close personal familiarity with individual Councillors can damage that
                        relationship and prove embarrassing to other employees and should be
                        avoided. Any close personal friendships with Councillors should be declared
                        to your Director and recorded in the Register of Interests. Please also refer to
                        the Member/Officer Protocol for further guidance regarding working
                        relationships with Councillors.



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        5.2      The Local Community and Service Users

                 5.2.1   You should always remember your responsibilities to the community and
                         ensure courteous, professional, efficient and impartial service delivery to all
                         groups and individuals within that community as defined by the policies of
                         the Council.

                 5.2.2   Council staff are strictly prohibited from soliciting tips.

        5.3      Contractors

                 5.3.1   Orders and contracts must be awarded on merit, by fair competition against
                         other tenders, and no favouritism should be shown to businesses run by, for
                         example, friends, partners or relatives. No part of the community should be
                         discriminated against.

                 5.3.2   All personal relationships with contractors, or contractors who could bid for
                         Council work, i.e. any previous or current working relationship or friendship
                         in a private capacity, should be declared to your Director and recorded in the
                         Register of Interests. In certain cases, not to divulge such information could
                         contravene the law. This is particularly important if you engage or supervise
                         contractors or if you have an official relationship with contractors.

                 5.3.3   If you stand to gain financially from any contract or potential contract of the
                         Council, you must declare it in writing to the appropriate Director, and you
                         will be excluded from the process, particularly any decisions relating to the
                         award of that contract. This applies whether the contract is let formally
                         through the tendering process or in some less formal way.

                 5.3.4   Your Director may require you to review your position and update
                         information recorded at regular intervals depending on the circumstances.

                 4.3.5   No gifts or hospitality may be accepted from any person or organisation that
                         is seeking to compete for Council work. This principle also applies in a
                         Planning context where developers are in competition for a particular site in
                         the Borough. For circumstances in which it is permissible to accept gifts and
                         hospitality, see paragraph 13.

        5.4      Work Colleagues

                 5.4.1   You should always treat colleagues with fairness, dignity and respect.
                         Mutual respect between colleagues is essential to good working relationships
                         The Council will not tolerate bullying, harassment or victimisation of anyone
                         in any form.

6.      Financial Regulations and Standing Orders Relating to Contracts

        6.1      You must ensure that public funds are used in a responsible and lawful manner. You
                 should strive to ensure value for money to the local community and to avoid legal
                 challenge to the Council.

        6.2      Standard procedures (Financial Regulations) have been agreed which govern the
                 Council's financial matters and detail arrangements for handling money.

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        6.3      Likewise Contract Standing Orders detail the procedures to be followed in awarding
                 contracts for work or services.

        6.4      If your work involves the handling of money or awarding of contracts you must
                 familiarise yourself with the requirements of the Council's Financial Regulations and
                 appropriate Standing Orders. Failure to follow the correct procedures will be treated
                 as a serious matter.

7.      Separation of Roles during Tendering

        7.1      If you are involved in the tendering process and dealing with contractors, you should
                 be clear on the separation of client and contractor roles within the Authority. If you
                 are a senior member of staff who has both client and contractor responsibility, you
                 must be aware of the need for accountability and openness.

        7.2      If you work in contractor or client units you must exercise fairness and impartiality
                 when dealing with all customers, suppliers, other contractors and sub-contractors.

        7.3      You should ensure that no special favour is shown to current or (recent) former
                 members of staff, councillors or their partners, close relatives or associates in
                 awarding contracts to businesses run by them or employing them in a senior or
                 relevant managerial capacity.

8.      Recruitment and other Employment Matters

        8.1      If you are involved in recruitment decisions you should ensure that these are made
                 on the basis of merit. It would be unlawful to make an appointment that was based
                 on anything other than the ability of the candidate to undertake the work. In order to
                 avoid any possible accusation of bias, you should not be involved in an appointment
                 where you are related to an applicant, or have a personal relationship (friendship or
                 otherwise) outside work with him or her. You should declare any such relationship
                 to your Director in advance.

        8.2      Similarly, you should not be involved in decisions relating to discipline, promotion
                 or pay adjustments for any other employee who is a relative, partner or close
                 personal friend. Such relationships with any other employee should be declared to
                 your Director and registered in the Register of Interests.

9.      Outside Interests and Politically Restricted Posts

        9.1      Your off-duty hours are your personal concern but you should never put yourself in a
                 position where your duty as a Local Government Officer and your private interests
                 conflict. The Council will not attempt to preclude you from undertaking additional
                 employment provided that such employment does not, in the view of the Council,
                 conflict with your job or have a detrimental impact on the Council's interests, or in
                 any way weaken public confidence in the conduct of the Council's business.

        9.2      You are required to obtain written consent from your Director to take any other
                 employment or occupation either paid or unpaid in addition to your post held with
                 the Council. This includes directorships, consultancies and sponsorships by any
                 company, organisation or individual. You should be clear about your contractual
                 obligations to the Council and should not take outside employment, which conflicts,
                 or might conflict in the future, with the Council’s interests.

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        9.3      You may not carry out work arising from additional employment in Council time nor
                 use Council resources or facilities (including typing) for those purposes.

        9.4      Private use of Council facilities, other than prohibited by section 9.3 above, e.g.
                 making telephone calls, using fax or photocopiers, should be declared.

        9.5      You should follow the Council’s policies on the ownership of intellectual property or
                 copyright created during your employment i.e. all:

                 (i)     Creative designs, writings and drawings produced by you in the course of
                         your duties, belong to the Council;

                 (ii)    Inventions made by you are the property of the Council if made during the
                         course of your normal duties (which includes those described in your notice
                         of terms of employment, and any other duties arising from your Manager or
                         other authorised officer of the Council).

        9.6      Some posts are ‘politically restricted,’ by law, which means that the postholder is
                 unable to take part in political activity or become an elected member of any public
                 authority whilst in the employment of the Council. Your role is politically restricted
                 if:

                 (i)     your salary exceeds a certain amount (£30,741 as at 1/04/03)

                 (ii)    you give advice on a regular basis to the Council, its committees, sub-
                         committees or any joint authority on which it is represented

                 (iii)   you speak on behalf of the Council on a regular basis to the journalists or
                         broadcasters

                 If this is applicable to you, your contract of employment will include an appropriate
                 clause. In all other circumstances, you must record in the Register of Interests and
                 declare to your Director any membership of a Local Authority.

10.     Personal Interests

        10.1     You must declare to your Director, and record in the Register of Interests, non-
                 financial interests that you consider could bring about conflict with the Council’s
                 interests or activities. Examples might be membership of the committee of an
                 organisation seeking or receiving grant aid from the Council or involvement with an
                 organisation or pressure group that may seek to influence the Council’s policies.
                 Ordinary membership of organisations, whether local or national, will not usually be
                 relevant.

        10.2     You must also declare and register any financial interests which could conflict with
                 the Council’s interests e.g. any pecuniary interest in a business or company within
                 Epsom and Ewell or with which the Council might do business.

        10.3     You must declare and register any interest you have as a freeholder, lessee, licensee
                 or tenant in any land or property in the Borough of Epsom and Ewell, apart from
                 your main residence, which will already be recorded in your personnel records.



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        10.4     You must never become involved in dealing with or determining any application or
                 request that you or a member of your family or personal friend make to the Council,
                 for example, an application for planning permission, council tax or housing benefit.

11.     Equality and Health and Safety Issues

        11.1     You should ensure that policies relating to equality issues as agreed by the Council
                 are complied with, in addition to the requirements of the law. All members of the
                 local community, customers and other staff have a right to be treated with fairness
                 and equity.

        11.2     You should also ensure that policies relating to health and safety issues as agreed by
                 the Council are complied with, in addition to the requirements of the law, in
                 particular policies relating to smoking, drugs and alcohol misuse.

12.     I.T. Security

        12.1     You must comply with policies relating to the security of the Council's computer
                 systems as agreed by the Council.

13.     Gifts and Hospitality

        13.1     Hospitality may sometimes be appropriate as part of a normal business arrangement.
                 The Council requires you to declare all gifts and hospitality given or offered as part
                 of your employment with the Council. Except in the circumstances covered in 4.3.6,
                 this does not apply to tea/coffee or small work related gifts, such as pens or diaries.
                 Gifts of any description having a value in excess of £20 must be refused, unless your
                 Director agrees that you can register and keep it.

        13.2     You may accept being taken to lunch by contractors and suppliers where this lunch is
                 part of legitimate dealings with the Council, and provided the Council is already
                 doing business with that contractor or supplier. However, all such paid lunches must
                 be recorded in the Register of Interests/Gifts and Hospitality. This includes any
                 corporate hospitality days.

        13.3     You may reciprocate by paying for lunch with the contractor, and claim back up to
                 the total subsistence allowance for each meal. The cost should be coded to the
                 departmental subsistence budget and this will require authorisation from the Cost
                 Centre Manager. If, in particular circumstances, the subsistence allowance is
                 insufficient to cover the cost of hospitality, a higher amount may only be authorised
                 by your Director at his or her discretion. The expenditure must be justifiable on the
                 basis of some benefit to the authority equivalent to the cost involved.

        13.4     In considering whether or not the gift or hospitality is appropriate, the question ‘how
                 will this look?’ must be asked. If the hospitality could look like corruption to
                 another party (e.g. a Councillor, council tax payer, another rival contractor), it should
                 not be offered or accepted. For example, taking a contractor or supplier to lunch
                 after a contract has been let could be a useful opportunity to talk through the details
                 of the work and build a better working relationship. However, taking to lunch or
                 accepting lunch from a supplier before a contract is let would be unacceptable as it
                 could look as if that supplier was being unfairly favoured.



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(c)     PROTOCOL FOR MANAGING MEMBER/OFFICER RELATIONS

                                                                                      Issued: July 2002

1.      Introduction


        1.1      The purpose of this document is to provide a guide to good working relations
                 between Members and Officers, to define their respective roles and provide some
                 principles governing conduct.

        1.2      The Local Government Act 2000(Constitutions)(England) Direction 2000 given
                 under section 37(1)(a) of the Local Government Act 2000 sets out the broad themes
                 to be included in a local authority’s constitution. One of those broad themes is the
                 requirement for local authorities to include a protocol for managing Member/Officer
                 relations.

        1.3      Given the variety and complexity of Member/Officer relations, any protocol cannot
                 seek to be entirely prescriptive or comprehensive. Although some of the references
                 relate to regulatory matters, the document largely seeks to offer guidance on some of
                 the issues that most commonly arise. All successful organisations need to be flexible
                 to suit circumstances but, at the same time, it should be recognised that the guidance
                 should, as far as is possible, be uniformly followed throughout the Council.

        1.4      This Protocol sits together with a number of other existing and evolving Council
                 procedures and there may be some overlap between this document and those other
                 procedures and rules both within and outside the Constitution.

        1.5      In appreciation that this will be an evolving document and recognising the rapid
                 changes in working practices both statutory and social (e.g. new technology), the
                 Protocol will need to be reviewed regularly, probably every 12 months.

        1.6      This Protocol, where applicable, will also apply to lay or co-opted Members of
                 Committees.

2.      The Respective Roles of Elected Members and Officers

        2.1      Elected Members represent their constituents. They formulate policy, make
                 decisions and seek to ensure that their constituents’ issues are addressed.

        2.2      Officers are employed by and serve the whole Council. They advise Members,
                 implement decisions of the Council, make decisions under powers delegated to them
                 by the Council and address constituents’ issues.

3.      Access to Officers

        3.1      With the Council wide use of e-mail, Members should seek to avoid, as far as
                 possible, entering an Officer's work area and requiring immediate attention. Where
                 an urgent response is required, the Member should seek to telephone the Officer and,
                 if necessary, arrange a convenient meeting.




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        3.2      Officers should, whenever possible, meet the following performance targets for
                 response to Member enquiries:

                 Straightforward enquiries - within 1 working day of receipt.
                 More complicated enquiries - within 5 working days.
                 Difficult enquiries involving research - within 10 working days.

                 Where a response is not going to be possible within 1 day, the Officer should
                 acknowledge the enquiry and indicate to the Member when a response is likely to be
                 forthcoming. As the Council employs a large number of part time Officers, these
                 timescales may be difficult to meet on occasions.

        3.3      A list of Officers with their day-to-day responsibilities and contact details (including
                 Manager) will be supplied to Members.

        3.4      A copy of all correspondence from a Member that raises an issue of policy should be
                 sent to the relevant Division Head.

        3.5      A copy of all correspondence from a Member, following up an unanswered enquiry,
                 should be sent to the Officer’s Service Manager.

        3.6      Whenever possible, Members will seek to respond to Officers’ enquiries and
                 requests within one week from receipt of the enquiry/request.

        3.7      Where a decision has been delegated to an Officer, whether or not in consultation
                 with nominated Members, then it is for that Officer to make the decision. However,
                 to assist Members’ understanding, Officers should, when requested, explain to a
                 Member the guidelines they use when making a delegated authority decision.

4.      Access to information and to Council Documents

        4.1      Members are entitled to such information as they may reasonably need to assist them
                 in discharging their role as Members of the Council. The legal right of Members to
                 inspect Council documents, is covered by:

                 Statutory right - Access to Information Act 1985.
                 Common law - on a need to know basis.

          NB This is covered in more detail in Part 2 Article 2.3(b)(i) and Part 4(1) Standing
          Order 40 of the Council’s Constitution

        4.2      Officers must treat all Members on an equal basis where there is an equal need to
                 know.

                 The courts have ruled that the test of a Member's need to know derives from the
                 Member’s Committee responsibilities, but this will not be exclusively the case. A
                 Member dealing with a Ward issue may have a legitimate need to know which will
                 enable him/her to have access to the relevant Council documents.




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        4.3       Ward Councillors should be kept fully informed and consulted by Officers on all
                  relevant matters affecting their ward. Where applicable, relevant correspondence
                  should be copied to them.

        4.4       Information disclosed to a Member on a need to know basis should not be disclosed
                  to another Member, unless there is an equal need to know, or the first Member is
                  notified that the information is being so disclosed.

        4.5       Correspondence to a constituent, from a Member or Officer, which raises an issue of
                  policy or finance should normally be discussed with the relevant Director/Division
                  Head.

        4.6       When speaking to, or corresponding with, the public or media an Officer should not
                  express personal opinions on policy or political decisions. Officers should restrict
                  their observations to matters of fact.

5.      Undue Pressure

        5.1       To ensure that the business of the Council is carried out effectively, Members and
                  Officers should endeavour to create a cordial working relationship with each other.

        Members should:

                 Be aware of how they speak with and relate to junior Officers, avoiding undue
                  pressure
                 Avoid personal attacks on Officers, particularly in public meetings
                 Avoid words or actions which could undermine respect for Officers by the public
                 Never require an Officer to carry out work on a matter which is not justified in terms
                  of budgetary controls, Council policy or the Officer’s duties and responsibilities
                 Never require an Officer to carry out work within unreasonable deadlines or work
                  that imposes an excessive workload.

          Officers should:

                 Be aware of how they speak with and relate to Members
                 Avoid words or action which could undermine respect for Members by the public or
                  by other staff

        5.2       Where a Member feels that an Officer’s action/inaction is unacceptable he/she
                  should follow the procedure outlined in Paragraph 7 of this Protocol.

        5.3       Any Officer who is personally connected to a Member must notify his/her Director.
                  Officers must not use undue influence over a Member, nor develop close personal
                  friendships that could compromise the integrity of their actions.

        5.4       A claim for unfair dismissal can be made against the Council by an employee who
                  resigns following their alleged harassment whether by another Officer or a Member.
                  The claim can be based on a breach of the implied terms of the Officer's contract,
                  due to the failure to maintain mutual trust and confidence and the provision of a
                  reasonable working environment.

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6.      Use of Council property, resources and services

        6.1      Particular care needs to be taken in connection with the use of the Council’s
                 property, resources and services.

        6.2      The Code of Conduct for Members and Co-opted Members provides:

                 "When using the resources of the Council, or authorising their use by others, a
                 Member must:

                 (i)     act in accordance with the authority’s requirements and,
                 (ii)    ensure that such resources are not used for political purposes unless that
                         could reasonably be regarded as likely to facilitate, or be conducive to, the
                         discharge of the functions of the authority or of the office to which the
                         Member has been elected or appointed."

                 e.g.    All Members and Officers using Council PC’s have signed up to the IT
                         Security Policy guidelines which requires everyone who uses a Council PC to
                         use it in accordance with these guidelines.

7.      Complaints

        7.1      Where a Member has a complaint about the performance of an Officer then the
                 Member should address his/her concerns to the Division Head. The Division Head
                 will investigate the complaint, keeping the Member informed of action taken
                 whether that be under informal procedures or the formal Disciplinary Procedure of
                 the Council.

        7.2      Where an Officer has a complaint about undue pressure by a Member, he/she should
                 refer this to his/her Division Head. If the Officer feels that these discussions do not
                 resolve the issue, then the formal Staff Grievance Procedure can be followed.

8.      Officer/Chairman Relationships

        8.1      It is clearly important that there should be a close working relationship between the
                 Chairman of a Committee and the Director and other senior Officers who report to
                 that body. However, such relationships should never be allowed to become so close,
                 or appear to be so close, as to bring into question the Officer's ability to deal
                 impartially with other Members, individuals or organisations.

        8.2      Officers are accountable to their Director, and whilst Officers should always seek to
                 assist a Chairman (or indeed any Members), they must not, in so doing, go beyond
                 the bounds of whatever authority they have been given by their Director/Division
                 Head. The Chief Executive has statutory responsibility, as Head of Paid Service, for
                 ensuring the proper organisation and management of the Council’s staff, and has
                 therefore an overall responsibility for the direction and management of all Officers.




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9.      Political Activity

        9.1      Officers must not do any work that is designed to promote one political grouping
                 within the Council rather than the whole Council.

        9.2      Officers invited to attend meetings organised by any political group should carefully
                 consider whether it is appropriate to attend and should not do so if the meeting is
                 called in the circumstances referred to in 9.1. Any other meetings organised by a
                 political group should only be attended in consultation with the Chief Executive or a
                 Director and only where the Officer is required to assist with factual information.

10.     Publicity and the Media

        10.1     Contact with the media on issues related to Council business is handled through the
                 Public Relations Officer who provides support, advice and training to Members and
                 Officers.

        10.2     Any Member who wishes to approach the media to speak on behalf of the Council
                 on any item involving or affecting the Council, should first consult the relevant
                 Committee Chairman, Director, or Public Relations Officer.

        10.3     The Council allows media access to a wide range of Officers to provide the media
                 with the factual information they need. Requests for comments or opinion on
                 Council policy or political matters should be referred to the appropriate Committee
                 Chairman.

        10.4     Councils are prohibited from publishing any material that appears to be designed to
                 affect support for any political group.

11.     Breaches of the Protocol

        11.1     Serious breaches of this Protocol by Officers will be dealt with under the Council’s
                 Disciplinary Procedures. Serious breaches by Members could involve action taken
                 under the Staff Grievance procedure or a report to the Standards Board for England.

12.     Conclusion

        12.1     This Protocol is intended to build on the sound arrangements that have existed within
                 the Council for years.

        12.2     Mutual understanding, respect and openness on these sensitive issues are the greatest
                 safeguard of the integrity of the Council, its Members and Officers




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(d)     CODE OF CONDUCT AND PRACTICE IN LICENSING PROCEDURES AND
        HEARINGS

                                                                          Effective from 21 March 2005

1.      Introduction and status of code

1.1     In 2002 the Planning Committee adopted a Code of Practice in Planning Procedures in
        response to recommendations of the Nolan Committee on the Standards of Conduct in
        Public Life. Subsequently, the Social Committee and Scrutiny Committee considered that a
        similar Code should be drafted with respect to Licensing. The purpose of this Code is to
        assist Members in the discharge of the Council’s licensing function and to guide applicants
        and other interested parties. The Code relates to all Councillors and not just to those who
        are members of the Licensing Committee, and also to Council Officers, where appropriate.

1.2     This code is based on guidance contained in the National Code of Local Government
        Conduct, the Nolan Committee’s recommendations and experience within the Council.

2.      Definitions and interpretations effective from 7 February 2005

2.1     “The (Licensing) Authority” means Epsom and Ewell Borough Council

2.2     “Licensing Objectives” means the four objectives the Licensing Authority must have a view
        to promoting when carrying out its functions under the Licensing Act 2003. The Licensing
        Objectives are defined in Part 2, paragraph 4 (2) of the Licensing Act 2003.

2.3     “Premises" means any vehicle, vessel or moveable structure, or any place or a part of a
        premises.

2.4     “Applicant" means the applicant for the Conversion, Grant or Variation of a licence, or
        certificate.

2.5     “Application" means any application under the Licensing Act 2003, including:
        (i)    Conversion of an existing licence or registration
        (ii)   Grant of a licence, certificate or TEN
        (iii) Transfer of a licence or certificate
        (iv)   Variation of a licence or certificate (including waiver or modification of a licence
               condition or to extend the licensed area, amend the licensable activities or extend the
               licensed hours).

2.6     "Authorised Person" is defined in Part 3, paragraph 13 (2) of the Licensing Act 2003, and
        includes bodies empowered by the Act to carry out inspection and enforcement roles. In
        respect of all premises, these include; Licensing Authority Officers, Fire Authority
        Inspectors, Environmental Health Officers and inspectors locally responsible for the
        enforcement of Health and Safety at Work etc. Act 1974.

2.7     "Interested Parties" is defined in Part 3, paragraph 13 (3) of the Licensing Act 2003, and
        includes the bodies or individuals who are entitled to make representations to the Authority
        on applications for the grant, variation or review of a premises licence, or apply for the
        review of a licence. These include; a person living in the vicinity of the premises in
        question; a body representing persons living in that vicinity; a person involved in a business
        in the vicinity of the premises; and, a body representing persons involved in such business.

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2.8     “Responsible Authorities" is defined in Part 3, paragraph 13 (4) of the Licensing Act 2003,
        and includes public bodies that must be fully notified of applications, and are entitled to
        make representations to the Authority on applications for the grant, variation or review of a
        premises licence. These include, The Chief Officer of Police, Surrey Fire and Rescue
        Service, Environmental Health Officers and inspectors locally responsible for the
        enforcement of Health and Safety at Work etc. Act 1974, Chief Planning Officer, Surrey
        Area Child Protection Committee and any Licensing Authority (other than Epsom and Ewell
        Borough Council) in whose area part of the premises are situated.

2.9     Party to the hearing” means a person to whom notice of the hearing is to be given in
        accordance with Regulation 6(1) of the Licensing Act 2003 (Hearings) Regulations 2005,
        and “party” and “parties” shall be construed accordingly,

2.10    "Representation" means any person who has lodged a written objection to an application in
        accordance with these rules, and as defined in Part 3, paragraph 18 (6) of the Licensing Act
        2003.

2.11    “Regulations” means Regulations made under the Licensing Act 2003

2.12    In these rules, the masculine always includes the feminine.

3.      Composition of licensing hearings sub-committee

3.1     The Licensing Hearings Sub-Committee shall consist of three Members. No business shall
        be transacted unless at least three Members are present.

3.2     Councillors shall not normally hear an application if they represent the Ward in which the
        applicant’s premises are situated, or if they live within the vicinity of the premises.

4.      The need for guidance on licensing

4.1     Licensing is unlike other local authority services (apart from Planning) in having a special
        responsibility to safeguard interests and balance conflicts. Licensing decisions have legal
        and judicial implications that are separate from the normal process that directs local
        authorities. Licensing involves the extensive exercise of the Council’s discretionary powers.

4.2     Licensing applications are sometimes amongst the most contentious matters with which the
        Council deals. The successful operation of the licensing system relies amongst other things,
        upon ensuring that both Officers and Councillors act in a way that is not only fair and
        impartial but is also clearly seen to be so. Licensing decisions can affect land and property
        values, and it is important that decisions are made openly, impartially, with sound
        judgement and for justifiable reasons.

5.      General role and conduct of councillors in relation to the licensing system

5.1     The determination of applications by the Licensing Hearings Sub-Committee is a quasi-
        judicial process. The role of Councillors taking licensing decisions has similarities to that of
        a court of law (and Licensing Justices). Decisions are made after a hearing at which the
        applicant and objectors are each given an opportunity to be heard and to put their case. The
        decision reached must be based upon the evidence heard and a consideration of any relevant
        Council policies and current government advice.



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5.2     Whilst Councillors who are Members of the Licensing Hearings Sub-Committee can have
        regard to the views of their constituents, they should not favour any person, group, company
        or locality, nor put themselves in a position where they appear to do so, as their over riding
        duty in making decisions on licensing applications is to do so in a fair and impartial manner,
        in accordance with the Licensing Objectives, and taking into account any relevant Policy.

6.      Training

6.1     No members should be appointed to the Licensing Committee or Licensing Hearings Sub-
        Committee without having agreed to undertake a period of training in licensing procedures
        and legislation as specified by the Council, either before serving on the committee or as
        soon as possible after their appointment to the committee with additional training as
        necessary.

7.      Pre-application discussions

7.1     Pre-application discussions or discussions whilst an application is being processed between
        Council Officers and applicants can be beneficial. It is often helpful for the Council’s
        officers to be able to give advice at an early stage on relevant licensing policies and to
        provide details of other known factors, which are likely to be taken into account.

7.2     It is however, important that such discussions are not seen as part of a lobbying process,
        which could prejudice proper consideration of a licensing application. Hence, it should be
        made clear from the outset that the discussion will not bind the Council to making a
        particular decision on a licensing application and that any views expressed are personal,
        provisional and without prejudice. If a pre-application meeting is held this position should
        be confirmed in a standard letter.

7.3     Officer advice should be consistent and based on approved Council policies and known
        material considerations. It should, as with all officer advice, be politically impartial.

8.      Lobbying

8.1     Lobbying is a normal and perfectly proper part of the licensing process provided that it does
        not affect the impartiality of the decision-making. Those likely to be affected by a licensing
        application may seek to influence it through an approach to their elected Ward Member or
        other Councillor, who may make representations to the application in accordance with the
        Rules of Procedure of the Committee (see paragraph 8.3 below). However, personal
        lobbying of the Members of a Committee, by anybody, including other Councillors, that is
        to determine the application in question is not appropriate, and can lead to the impartiality
        and integrity of a Councillor being called into question with the risk of findings of
        maladministration by the Ombudsman and/or the decision of the Committee being
        challenged by way of Judicial Review.

8.2     A Member of the Licensing Committee who is lobbied by an applicant or objector in
        relation to an application which may come before a Licensing Hearings Sub-Committee on
        which he is sitting should accordingly refer the person lobbying to another Councillor.

8.3     In accordance with the procedural rules of the Committee, Members should ensure that
        written material or other evidence which they wish to be considered by the Licensing
        Hearings Sub-Committee is provided in advance to the relevant officers, and within the
        timescales prescribed in the Regulations.


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8.4     Given that the point at which a decision on a licensing application is made cannot occur
        before the Licensing Hearings Sub-Committee meeting when all relevant information is
        available for consideration, any political meeting before the Licensing Hearings Sub-
        Committee meeting should not be used to decide how Councillors should determine an
        application. Such use of party “whips” is considered by the Ombudsman as contrary to the
        National Code of Conduct amounting to maladministration if it leads to Members making a
        particular decision without taking into account all relevant matters.

8.5     Should an Officer be subject to lobbying by an applicant, objector, or any Councillor, this
        will be reported to the Committee determining the application.

9.      Gifts and hospitality

9.1     Councillors and officers should observe extreme caution in respect of any personal offer of a
        gift, favour or hospitality from someone who has or is likely to submit a licensing
        application to the Council. Further guidance on this matter is given in the Council’s Code of
        Conduct for Members and co-opted Members.

9.2     All offers or receipt of gifts or hospitality must be reported to the Chief Executive and
        recorded in the register of gifts and hospitality.

10.     Declaration of interests

10.1    The responsibility for declaring an interest rests with Members. If in doubt, Members
        should seek advice well in advance of the meeting concerned. Guidance on the declaration
        of personal and prejudicial interests is contained in the National Code of Conduct and the
        Council’s Code of Conduct for Members and co-opted Members. Advice is available from
        the Monitoring Officer.

10.2    Where the Member has a personal and prejudicial interest in an item on the agenda, it
        should, of course, be declared, and that Member will not be entitled to sit on the Licensing
        Hearings Sub-Committee deliberating the application in question. Where a prejudicial
        interest is declared, Standing Orders require the Member concerned to leave the meeting,
        unless the member has made representation in their own right, or, is elected to represent an
        objector who has made a valid representation. In these circumstances, of course, it will not
        be possible for the Member to take any part in the decision making process.

11.     Licensing applications submitted by councillors and their close associates or licensing
        applications which may have an impact on councillors, their families or close associates

11.1    Councillors will wish to have particular regard to the Code of Conduct for Members and co-
        opted Members and the National Code of Conduct e.g. where Members act as agents for
        people pursuing licensing issues.

11.2    Given the Code of Conduct for Members and co-opted Members, Councillors who have
        business or other interests that may bring them into contact with the Council’s licensing
        system on a regular basis should not normally sit on the Licensing Committee or the
        Licensing Hearings Sub-Committee.




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12.     Member and officer relations

12.1    Good administration is dependant upon a successful relationship between Councillors and
        officers which can only be based upon mutual trust and understanding of each others’ roles
        and responsibilities. This relationship, and the trust which underpins it, should not be
        abused or compromised. Accordingly, Councillors should not attempt in any way to
        influence the terms of the officers’ report or recommendation on any application. Equally,
        officers should give firm independent advice.

13.     The role of the Licensing Officer

13.1    Licensing Officers fulfil two roles for the Committee hearing. Firstly, a role limited to an
        administrative one, and secondly, a role limited to consideration of the relevant
        representations from their knowledge of local licensing policy, guidance, statute and good
        practice.

13.2    Licensing Officers will make NO recommendations to the Licensing Hearings Sub-
        Committee in terms of the outcome of the hearing, but will introduce the Report and provide
        the Committee only with summary information such as the following:
        Summary of the application
        Summary of the representations made
        Summary of how s/he views the provisions of the Licensing Policy Statement, Guidance of
        the Secretary of State, and the relevant legislation as relating to the application and any
        relevant representations.
        Summary of any pre-application and pre-decision discussions held with the applicant or
        bodies making representations
        Details of any site visits which took place prior to the application or Committee hearing.
        Details of any lobbying activities which have been brought to their notice

14.     Period of time in which hearing to be held

14.1    The Authority shall arrange for a Hearing to be scheduled in accordance with Regulation 5,
        and shall give a notice of a Hearing in accordance with Regulations 6 and 7 of the Licensing
        Act 2003 (Hearings) Regulations 2005.

15.     Notice of hearing

15.1    In the case of a hearing for cancellation of an interim authority notice following Police
        objection, or counter notice following Police objection to a Temporary Event Notice (TEN),
        the Authority shall give notice of hearing no later than two working days before the day or
        the first day on which the hearing is to be held.

15.2    In the case of a hearing for review of a premises licence following closure order, or;
        determination of an application for conversion of existing licence, or; determination of
        application for conversion of existing club certificate, or; determination of application by
        holder of justices; licence for grant of personal licence; the Authority shall give notice of
        hearing no later than five working days before the day or the first day on which the hearing
        is to be held.

15.3    Annex 1 contains the schedule detailing the provisions under which the hearing is held, and
        the period of time within which the hearing must be commenced.


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15.4    The Authority will, when giving notice of the Hearing, follow Regulation 7 of the Licensing
        Act 2003 (Hearings) Regulations 2005.

16.     Action following receipt of notice of hearing

16.1    A party shall give to the Authority within the period of time prescribed below, a notice
        stating:
        (i)      whether he intends to attend or be represented at the hearing
        (ii)     whether he considers a hearing to be unnecessary.

16.2    In the case where a party wishes any other person (other than the person he intends to
        represent him at the hearing) to appear at the hearing, the notice shall contain a request for
        permission for such other person to appear at the hearing accompanied by details of the
        name of that person and a brief description of the point or points on which that person may
        be able to assist the Authority in relation to the application, representations or notice of the
        party making the request.

16.3    In the case of a hearing for cancellation of an interim authority notice following Police
        objection, or counter notice following Police objection to a TEN, the party shall give the
        notice no later than one working day before the day or the first day on which the hearing is
        to be held.

16.4    In the case of a hearing for review of a premises licence following closure order, or;
        determination of an application for conversion of existing licence, or; determination of
        application for conversion of existing club certificate, or; determination of application by
        holder of justices; licence for grant of personal licence; the party shall give the notice no
        later than two working days before the day or the first day on which the hearing is to be held

17.     Right to dispense with hearing if all parties agree

17.1    The Authority may dispose with holding a hearing if all persons required by the Act to agree
        that such a hearing is unnecessary, and have done so by giving notice to the Authority that
        they consider a hearing unnecessary. In such circumstances the Authority must give notice
        to the parties that the hearing has been dispensed with.

18.     Withdrawal of representations

18.1    A party who wishes to withdraw any representations they have made may do so by giving
        notice to the Authority no later than 24 hours before the day or the first day on which the
        hearing is to be held or orally at the hearing.

19.     The committee procedure

19.1    The Licensing Hearings Sub-Committee is serviced by a number of officers. These include
        the Committee Officer and a Legal Advisor who are responsible for ensuring that the correct
        procedures are followed and that the discussion and the decisions made are properly
        recorded. An officer from the Grants and Licensing Team acts as a presenting officer,
        introduces the report and answers Members’ questions. In addition, other officers such as
        Environmental Health Officers may attend to address specific technical matters raised by
        applications included in the agenda.




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19.2    The Licensing Hearings Sub-Committee agenda may comprise a single report, or set of
        reports concerning specific licensing applications. Each report summarises the main issues
        raised by the application and details the representations received. Applications to be
        considered by the Committee will be the subject of a written report from officers.

19.3    At the beginning of the hearing, the Chairman shall explain to the parties, the procedure
        which he/she proposes to follow at the hearing, and shall consider any request made by a
        party under regulation 8(2) of the Licensing Act 2003 (Hearings) Regulations 2005 for
        permission for another person to appear at the hearing.

19.4    The Licensing Hearings Sub-Committee shall not permit cross-examination unless it
        considers it is required for it to consider the representations, application or notice.

19.5    The Licensing Hearings Sub-Committee shall allow parties an equal maximum time period
        in which to support their representation or application.

19.6    The Chairman of the Licensing Hearings Sub-Committee may require any person attending
        the hearing who, in their opinion, is behaving in a disruptive manner to leave the Hearing,
        and may refuse to permit that person to return, or permit that person to return only on such
        conditions as the Authority may specify. However, such a person my, before the end of the
        Hearing, submit to the Authority in writing any information which they would have been
        entitled to give orally, had they not been required to leave.

20.     Power to extend time and adjourn hearings

20.1    The Authority may extend a time limit provided for in the Licensing Act 2003 (Hearings)
        Regulations 2005 for a specified period where it considers this to be necessary in the public
        interest. In such circumstances, the Authority will issue a notice to the parties stating the
        period of the extension and the reasons for it.

20.2    The Authority may adjourn a hearing to a specified date, or arrange for a hearing to be held
        on specified additional dates where it considers this to be necessary for its consideration of
        any representations or notice made by a party. The Authority will issue a notice should it
        decide to use such power.

20.3    The Authority will not exercise this power in such a way that the effect will be that an
        application will be treated as granted or rejected under paragraph 4(4), 7(3), 16 (4), 19 (3) or
        26(4) of Schedule 8 (transitional provision etc.), or; it would fail to reach a determination on
        the review under section 167 within the specified period.

21.     Hearing to be public

21.1    The Authority may exclude the public (which may include any person assisting or
        representing a party) from all or part of the hearing where it considers that the public interest
        in doing so outweighs the public interest in the hearing or that part of the hearing, taking
        place in public.

22.     Right of attendance, assistance and representation

22.1    Subject to 14(2) and 25 of the Licensing Act 2003 (Hearings) Regulations 2005, a party may
        attend the hearing and may be assisted or represented by any person whether or not that
        person is legally qualified.


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23.     Councillor representations

23.1    Where a Councillor wishes to express a view on an application either in their own right in
        the capacity as an interested party, or in a specific representative capacity, he/she must do so
        in accordance with the procedural rules of the Committee, and the Regulations made under
        the Licensing Act 2003.

23.2    To avoid conflicts of interest, Councillors shall not normally hear an application if they
        represent the Ward in which the applicant’s premises are situated, or if they live within the
        vicinity of the premises. A member of the relevant Licensing Hearings Sub-Committee who
        represents or lives in the ward, which may also be affected by a licensing application, may
        be in a difficult position if it is a controversial application that has generated opposition.
        Members in such a situation should therefore not publicly support or oppose a particular
        outcome unless they are prepared to make their own valid representation. The member
        would then become ineligible to take part in the deliberative and decision making process of
        the Licensing Hearings Sub-Committee concerned with determining that application.

24.     Representations and supporting information

24.1    A relevant authority or responsible person may make a representation at any time in writing,
        up to and including, 20 working days after the day on which the application was given to the
        authority by the applicant.

24.2    Anonymous representations will not be considered by the Authority.

24.3    Letters of support of an application may be made at any time in writing, up to and including,
        20 working days after the day on which the application was given to the authority by the
        applicant.

24.4    At the hearing a party shall be entitled to: -
        (a)      in response to a point upon which the authority has given notice to a party that it will
                 want clarification under regulation 7(1)(d) of the Licensing Act 2003 (Hearings)
                 Regulations 2005, give further information in support of their application,
                 representations or notice (as applicable),
        (b)      if given permission by the Authority, question any other party; and
        (c)      address the Authority.

24.5    Members of the Licensing Hearings Sub-Committee may ask any question of any party or
        other person appearing at the hearing.

24.6    In considering any representations or notice made by a party the Authority may take into
        account documentary or other information produced by a party in support of their
        application, representations or notice (as applicable) either before the hearing or, with the
        consent of all the other parties, at the hearing.




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24.7    The Authority shall disregard any information given by a party or any person to whom
        permission to appear at the hearing is given by the authority which is not relevant to: -

        (a)      their application, representations or notice (as applicable) or in the case of another
                 person, the application representations or notice of the party requesting their
                 appearance, and
        (b)      the promotion of the licensing objectives or, in relation to a hearing to consider a
                 notice given by a chief officer of police, the crime prevention objective.

25.     Frivolous, vexatious or repetitious representations

25.1    Where the authority considers that representations are frivolous, vexatious or repetitious, the
        person making the representation will be notified in writing either
        (i)      Five working days before the Licensing Hearings Sub-Committee is to be held (due
                 to relevant representations being made elsewhere), or;
        (ii)     In any other case, before the determination of the application to which the
                 representation relates.

26.     Failure of parties to attend the hearing

26.1    If a party has informed the Authority that he does not intend to attend or be represented at a
        hearing, the hearing may proceed in his absence.

26.2    If a party who has not so indicated fails to attend or be represented at a hearing the Authority
        may: -
        (a)      where it considers it to be necessary in the public interest, adjourn the hearing to a
                 specified date, or
        (b)      hold the hearing in the party’s absence.

26.3    Where the Authority holds the hearing in the absence of a party, the authority shall consider
        at the hearing the application, representations or notice made by that party.

26.4    Where the Authority adjourns the hearing to a specified date it must forthwith notify the
        parties of the date, time and place to which the hearing has been adjourned.

27.     The committee decision making process

27.1    The Licensing Hearings Sub-Committee shall normally adjourn from the Hearing to
        deliberate their decision. The Committee may require that the Legal Adviser withdraws
        with the Committee. In such cases, any advice given by the Legal Adviser shall be relayed
        in open session once the Committee has reconvened.

27.2    The decision on an application should be taken on all of the relevant factors in the case, and
        in particular the evidence submitted to the Licensing Hearings Sub-Committee meeting.
        Each application will be treated on its individual merits. The Committee shall have due
        regard to, and shall normally follow, any relevant Council approved licensing policies and
        legislation and regulations that are relevant to the application.




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27.3    Members may add extra conditions if they are satisfied the imposition of such would go
        some way to address concerns raised in representations considered valid and pertinent to the
        application. Due consideration would be given to ensure the imposition of such conditions
        would be necessary and reasonable.

27.4    The Licensing Hearings Sub-Committee must make its decision at the conclusion of the
        Hearing for cases under:

        (i)      Section 35 or 39 which is in respect of an application made at the same times as an
                 application for a conversion of an existing licence under paragraph 2 of scheduled 8
                 (determination of application under section 34 or 37)
        (ii)     Section 85 which is in respect of an application made at the same time as an
                 application for conversion of an existing club certificate under paragraph 14 of
                 Schedule 8 (determination of application under section 85)
        (iii)    Section 105(2)(a) - counter notice following police objection to TEN
        (iv)     Section 167(5)(a) - review of premises licence following closure order
        (v)      Paragraph 4(3)(a) of Schedule 8 - determination of application for conversion of
                 existing licence
        (vi)     Paragraph 16(3)(a) of Schedule 8 - determination of application for conversion of
                 existing club certificate, or;
        (vii)    Paragraph 26(3)(a) of Schedule 8 - determination of application by holder of a
                 justices’ licence for grant of personal licence
        In any other cases, the Committee must make its determination within the period of five
        working days beginning with the day or the last day on which the Hearing was held.

27.5    Where a Hearing has been dispensed with in accordance with Regulation 9 of the Licensing
        Act 2003 (Hearings) Regulations 2005, the Authority must make its determination within
        the period of ten working days beginning with the day the Authority gives notice to the
        parties under Regulation 9(2).

28.     Record of proceedings

28.1    Hearings will be recorded in a permanent and intelligible form, and retained for six years
        from the date of the determination, or, where an appeal is brought against the determination
        of the Authority, the disposal of the appeal.




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(e)     CODE OF CONDUCT ON PLANNING MATTERS

                                                                                      Issued: July 2002
1.      Introduction

        1.1      These Guidelines should help provide Members with clear and consistent advice on
                 the manner in which they should deal with planning matters. They have been
                 prepared having regard, in particular, to the Government’s ethical framework
                 incorporated in the Local Government Act 2000; the Council’s Local Code of
                 Conduct for Members and Co-opted Members and the Audit Commission’s Probity
                 in Planning Report, submitted to the Planning Committee in May 2001.

        1.2      Observance of the guidelines should avoid:

                 (a)     Costs to the Council arising from complaints made to the Local Government
                         Ombudsman, applications for Judicial Review or for the exercise of powers
                         given to the Secretary of State under the Town & Country Planning Act
                         1990; and
                 (b)     Complaints against Members being brought before the Standards Board for
                         England under the provisions of the Local Government Act 2000.

2.      Personal Interests

        2.1      The Local Authorities (Model Code of Conduct) (England) Order 2001 removes the
                 old, rather artificial distinction between pecuniary and non-pecuniary interests and
                 concentrates on whether interests are personal and prejudicial. As the Model Code
                 puts it, the test is that:

                 "a Member must regard himself/herself as having a personal interest in any
                 matter.….if a decision upon it might reasonably be regarded as affecting to a greater
                 extent than other council tax payers, ratepayers, or inhabitants of the authority's
                 area, the well being or financial position of himself/herself, a relative or a friend…"

                 He/she would have a prejudicial personal interest if that interest were so significant
                 that a reasonable member of the public would think that the Member could not
                 reach a decision in the public interest (as against their own private interest) as a
                 result.

        2.2      The Council’s Local Code of Conduct for Members and Co-opted Members adopted
                 pursuant to The Local Authorities (Model Code of Conduct) (England) Order 2001
                 provides that:

                 "A Member with a personal interest in a matter who attends a meeting of the
                 Council at which the matter is considered must disclose to that meeting the
                 existence and nature of that interest at the commencement of that consideration, or
                 when the interest becomes apparent." (Clause 9)




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                 If that personal interest is also prejudicial then the Member must also:

                 "withdraw from the room or chamber where a meeting is being held whenever it
                 becomes apparent that the matter is being considered at that meeting unless he/she
                 has obtained a dispensation from the authority's Standards Committee and not seek
                 improperly to influence a decision about that matter" (Clause 12)

        2.3      The Local Code of Conduct makes clear that a prejudicial interest will always be
                 prejudicial unless it comes within clearly defined exceptions (Clause 10(2)).

        2.4      Observance of these rules is the Member's responsibility and whether a member has
                 a personal interest in a matter is for the Member to decide.

        2.5      Further issues have arisen with regard to the withdrawal of Members from the room
                 after declaring an interest. The Ombudsman has criticised a Member who, having
                 declared an interest, then remained in the room claiming to be there as a member of
                 the public rather than as a Member of the Council. Whilst in the Council Chamber it
                 might be argued that for a Member to move from the floor to the Public Gallery
                 would make it apparent to members of the public present that he/she was separating
                 himself/herself from the decision, the best advice must be to leave the room entirely.

3.      Advice on Interests

        3.1      Any Member in doubt about the meaning of the law is recommended to consult the
                 Monitoring Officer.

        3.2      The Local Government Ombudsman has made it clear that a Member always has an
                 interest in development of land, or building adjoining his/her residence i.e., literally
                 next door. If the situation involves a particularly environmentally sensitive
                 development further afield one would have to take a view as to how far away the
                 impact of the development might be felt. Living in the same Ward, of itself, should
                 not give rise to interest difficulties in such situations.

        3.3      It is clearly a matter of judgement how far away from a site might be judged to be
                 ‘literally next door’. The rule of thumb is "Can the property be seen from any
                 part of my own property?"

        3.4      It is necessary to recognise that, so long as no legislation or guidance at a national
                 level exists to indicate how close a Member may live to a site subject to a planning
                 application before he or she has to declare an interest, then it remains open to
                 interpretation. It must be for a Member himself or herself to exercise his or her
                 judgement in the matter.

        3.5      It remains a matter of judgement for an individual Member as to whether he/she
                 would be better advised to ask another Ward Member who might live much further
                 away from the planning site in question to represent local views when the item
                 comes before a meeting. Certainly such a course of action should remove doubts in
                 the eyes of the public and, until such time as further national guidance on the matter
                 is given, Members are advised to follow this suggested course of action.




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4.      Examples of Interests

        4.1      If a planning application is submitted by an organisation to which a Member
                 belongs, then an interest should be declared and the Member should, if that interest is
                 also prejudicial, not be involved in negotiations or discussions and should withdraw
                 from the meeting.

        4.2      There are a number of examples in relation to planning applications where a Member
                 is a member of an outside organisation involved in some way in a planning
                 application. Two examples will suffice for the present:

                 (a)   Membership of a Golf Club. An interest need not be declared solely because a
                       planning application is being made by another member of a golf club where
                       there are many members and there is not a particular friendship between the
                       Member and the applicant. On the other hand, an interest would need to be
                       declared if the Club itself was making a planning application.

                 (b)   Membership of a Church. Common membership of a small village chapel may
                       require a declaration where a planning application is made by another member,
                       whereas membership of a much larger congregation would not give rise to a
                       declaration unless the matter was, for example, a planning application
                       submitted by the church itself.

                 In both these cases, if the Golf Club or Church makes a planning application, a
                 personal interest must be declared. However, under the Code of Conduct an ordinary
                 member of an organisation would not have a prejudicial personal interest and can
                 still speak and vote. However, if he/she holds a position of general control or
                 management in that private organisation then that would be a prejudicial personal
                 interest requiring the member to withdraw from the meeting.

5.      Membership of Committees

        Members should not seek or accept membership of a committee or sub-committee if that
        would involve frequent disclosures of interests because of professional, business or other
        personal interests in the Council area or would be likely to weaken public confidence in the
        duty of the committee or sub-committee to work solely in the general public interest.

6.      Disclosure in Other Dealings

        Members who have a prejudicial personal interest should also refrain from taking part in
        group discussions and other informal meetings (including meetings with applicants and
        officers). The Ombudsman goes on to say that a Member should not lobby fellow Members
        about a matter in which he or she has an interest and should seek completely to avoid
        discussing the matter with fellow Members. The Ombudsman strongly criticised a Member
        who declared an interest and took no part in the public consideration of a planning
        application but who lobbied extensively behind the scenes.




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7.      Lobbying of Members

        7.1      Members of the Planning Committee are frequently lobbied by applicants to seek
                 support for their proposals and objectors who seek to have proposals rejected.

                 “Natural Justice demands that a Member not only maintains but is seen to
                 maintain an uncommitted position until it is time for the decision to be taken”
                 (Lees Report on the North Cornwall Inquiry).

                 It is best if Members refer applicants and agents to Officers for advice and
                 discussion.

        7.2      The Council has a legal duty to determine applications, taking into account all
                 material considerations, without bias and pre-judgement. To achieve this, Members
                 will normally need to wait for the written report on the application and any
                 additional advice at the Committee meeting. Applications are often amended,
                 representations are received, and applicants provide additional information, right up
                 to the date of the meeting.

        7.3      Members must, therefore, take great care not to lead anyone to conclude that their
                 mind has been made up before hearing all the relevant facts and advice.

        7.4      These paragraphs in 7 apply to Members who are not on the Committee, as well as
                 those who are. Members who are not on the Committee may be asked to substitute
                 for a Member who cannot attend.

        7.5      Although care should be taken, there is no reason why several Members or a
                 Political Group should not discuss planning matters prior to a Planning Committee.
                 Indeed, such discussions can help highlight the main issues. However, each
                 individual should decide for himself/herself how he/she should vote on any planning
                 application and should not be subjected to pressure from other Members to vote in a
                 particular way. To ensure, as far as possible, that this impartiality in considering
                 planning applications is maintained, the following guidelines should be followed:

                 7.5.1   All Members should discourage any applicant or agent or other interested
                         party from approaching them in any way in relation to any individual
                         planning application, and should positively avoid approaching any applicant
                         or agent (or any individual or developer who is likely to make an
                         application).
                 7.5.2   To maintain impartiality and its appearance, Members should not take part in
                         discussions between applicants and officers. Ideally Members should discuss
                         issues with officers who then negotiate directly with applicants. If they need
                         to get involved in such discussions, appropriate professional officers should
                         always advise them.

                 7.5.3   Members should never seek to discuss or enter into negotiations with
                         applicants or potential applicants.

                 7.5.4   If an applicant contacts a Member about his/her application, the Member
                         should not declare their views on the application and should try to distance
                         themselves from the applicant.



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                 7.5.5   If a Member has had personal involvement with an applicant, agent or
                         interested party in connection with a particular application before its formal
                         consideration, which would lead an observer with knowledge of all of the
                         relevant facts to think that there could be the possibility of the member's
                         judgement being affected in any way, then the member should declare a
                         personal interest and not take part in the discussion or voting.
                 7.5.6   In cases where Members are approached, Members should exercise caution
                         and not offer any views which might fetter his/her discretion or that of the
                         Committee. Also Members should avoid taking an active role in objecting to
                         an application for the same reason.

                 7.5.7   While Members may wish to respond to the public and in particular their own
                         ward residents, there is no obligation on any Member to respond to such
                         approaches or to make time available to comment or to attend meetings.

                 7.5.8   Members must remember that all advice, whether given by an officer or a
                         member, be it with the best of intentions, can only be informal prior to being
                         considered by the Committee. It is important therefore that all advice be
                         given without prejudice to the formal determination of any subsequent
                         planning application.

8.      Site Meetings

        8.1      Members are not entitled to enter sites the subject of a planning application (or
                 affected by one) without the permission of the owner. Clearly there is nothing to
                 prevent a Member from viewing any property from the street or other public area,
                 but Members should try to avoid entering sites other than in the course of an
                 arranged site visit by the Committee or in a joint inspection with a Planning Officer
                 who will make the necessary arrangements to secure permission to enter.

        8.2      At arranged site visits, the attached Code of Conduct (Appendix 1) should be
                 followed.

9.      Public Meetings

        On particularly complex or contentious applications Members, the applicant or objectors
        sometimes call public meetings. It is particularly important in such situations that, in
        attending such meetings, Members are not seen, or perceived to be seen, supporting the
        applicant or the objector’s position. Where possible, such meetings should ensure that
        representatives of both applicants and objectors are allowed to present their views.

10.     Member as Applicant

        10.1     Members should not seek to carry out direct negotiations with officers or to use their
                 position to gain what might appear to be an unfair advantage. Members should not
                 discuss their application with other Members and should not participate in the
                 Committee's deliberations.




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        10.2     Where a Member is the (prospective) applicant, in order to avoid any possible
                 allegation of malpractice or mal-administration, he/she is recommended to appoint a
                 professional agent to act on his/her behalf in dealing with the Planning Officer. The
                 Member should also avoid placing himself/herself in a position that could lead the
                 public to think that they are receiving preferential treatment: for instance by using
                 their position to discuss a planning application personally with officers when other
                 members of the public would not have the opportunity to do so.

        10.3     Whilst this might appear to place an undue financial burden on the Member, in so far
                 as an individual member of the public might not need to go to these lengths for a
                 reasonably simple, straightforward application, Members need to exercise caution
                 that they do not lay themselves open to allegations of attempting to exert undue
                 influence on planning officers in such situations.

        10.4     Where a Member is the (prospective) applicant all negotiations on the (prospective)
                 application should be via a professional agent to avoid any suggestion or allegation
                 of malpractice or conflict of interest.

        10.5     Where a Member is a member of the Committee and is contemplating making a
                 planning application contrary to approved planning policies he/she should consider
                 carefully whether to resign from the Committee before submitting the application.

11.     Involvement in Appeals

        11.1     If a Member intends to make representations to the Inspector at an appeal either in
                 writing and/or in person at public inquiries he/she should be clear as to whether
                 he/she proposes to make his/her representations as a Member of the Council or as a
                 private individual. The distinction must be made quite clear.

        11.2     If a Member intends to make representations either in writing or in person as a
                 Member, for the purpose of supporting the Council's case, he/she is recommended to
                 liaise with the Planning Officer who will advise on inquiry procedures and how
                 he/she might best present his/her case to the Council's advantage.

        11.3     If a Member is to make representations in a personal or private capacity he/she
                 should consider very carefully beforehand whether he/she could contribute in any
                 way without bringing about suggestions of a conflict of interest. Any appearance at
                 a Public Inquiry or Hearing, by a Member in such a capacity, is at the discretion of
                 the Inspector.

        11.4     A Member should be aware that if he/she feels that he/she should support an
                 appellant's case, his/her conduct may affect the reputation of the Council and could
                 be viewed as being contrary to his/her overriding duty to the community as a whole.

        11.5     If in doubt the advice of the Monitoring Officer should be sought.

12.     The Role of the Officers

        12.1     All the Officers of the Council are servants of the whole Council and not any
                 particular group within it. Advice or support offered or given to one group of
                 Members will be made available if requested to others.



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        12.2     With regard to planning applications it is the duty of the professional officer to
                 prepare a report based upon material planning considerations and to make a
                 recommendation based on their professional judgement. Members must not seek to
                 influence the content of the report or its recommendations. In order to arrive at a
                 recommendation, the Officer will usually have to discuss issues (negotiate) with an
                 applicant and sometimes this will happen before a formal application is submitted.
                 This is standard procedure, which is often necessary in order to achieve the optimum
                 proposal. In many cases it will be before public consultation has revealed the views
                 of local residents. When a report is prepared for the Committee, and approved by
                 more senior officers, the emphasis may change as a result of amendments and/or the
                 public consultation.

        12.3     The Planning Officer must ensure that discussions with the applicants and any views
                 expressed to them are absolutely without prejudice to the consideration of the
                 application by the Committee and, indeed, without prejudice to the final
                 recommendation that goes before the Committee having completed the public
                 consultation exercise. Officers must also ensure that in the case of sites that are
                 likely to be controversial or known to be sensitive (and in all major applications)
                 there is consultation at an early stage with the Chairman of the Committee and the
                 Ward Members affected. This consultation is to ensure that all parties understand
                 the issues and views involved - it does not necessarily mean that the
                 recommendation coming before the Committee is the one that the Ward Members
                 would wish.

        12.4     Members must neither get involved in negotiations with applicants nor attempt to
                 fetter the views of professional officers.

        12.5     When the Committee does not accept Officers' recommendation, the Members
                 should give reasons. Members should not expect the Officers to establish the
                 grounds for approval or refusal when the Committee disagrees with the Planning
                 Officer’s recommendation. Once the grounds have been established, the Officers’
                 role is to assist Members with both planning and legal advice.




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     APPENDIX 1: DEVELOPMENT CONTROL CODE OF PRACTICE FOR PLANNING
                      COMMITTEE MEMBER SITE VISITS

1.      Objective

        To define the purpose of Committee site visits and ensure that they are conducted in a fair
        and open way; that Members have the requisite understanding of the site to reach their
        decision; and that public confidence in the local planning authority is maintained.

2.      Purpose of Site Visits

        2.1      Site visits are normally held for the following purposes:

                 i       to gain a fuller understanding of the application site
                 ii      to gain a fuller understanding of the surrounding character
                 iii     to establish the likely impact of a proposal on the character and amenity of
                         the area.

        2.2      Site visits should not be held in the following circumstances:

                 i       the site is readily accessible from a public vantage point, and the proposals do
                         not introduce a complex range of issues
                 ii      to allow interested parties to make representations to Committee Members.
                         The visit should be to gather factual information only, with any questions
                         arising being referred to the accompanying officer.
                 iii     where additional information could be presented to the Planning Committee,
                         such as photographs and cross sections, which would overcome the need for
                         Members to formally visit the site.

3.      Procedure

        3.1      Requesting a Site Visit

                 3.1.1   Ideally site visits should be held prior to an application being considered by
                         the Planning Committee. In so doing a Member site visit should not delay
                         the determination of a planning application. For this to work it is important
                         that any request is made at the earliest possible juncture.

                 3.1.2   In practice, Members should initially identify potential site visit applications
                         from the weekly 'canary' list. Subject to the above criteria being met, any
                         request should be made in writing or by e-mail to the Chairman, the case
                         officer, the Chief Planning Officer or the Principal Planning Officer
                         (Development Control). It is then the decision of the Committee whether to
                         proceed with the site visit or not.

                 3.1.3   Members should give a brief justification for any requests made having due
                         regard to the advice contained in paragraphs 2.1 to 2.2 above.




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        3.2      Preparation

                 3.2.1   Assuming that a request for a formal Planning Committee site visit is agreed
                         the following procedure will apply.

                 3.2.2   The site visit(s) will be conducted on the Saturday immediately before the
                         Planning Committee. Any change to this will be advertised via letter and at
                         the preceding meeting. As the site visits have to be arranged well ahead of
                         the publication of the agenda, inevitably instances will arise where a site visit
                         has been arranged but the planning application is not on the agenda. To
                         minimise this occurrence site visits should only be scheduled where there is a
                         strong probability that the item will appear on that agenda.

                 3.2.3   For each visit the Committee Administrator will write to the applicant or
                         agent to secure access to the site. The letter will briefly mention the purpose
                         of the site visit and their respective role in the proceedings. A letter
                         informing Members of the time and place for meeting will also be sent.

        3.3      Arrival on Site

                 3.3.1   Members agree to site visits for their benefit. The Chairman is therefore in
                         charge, and oversees the role of Officers and any other individual who may
                         be involved. Circumstances will vary between sites and therefore a set format
                         is not practical. However, a short explanation by the attending officer would
                         normally be expected. The Officer will also record attendance. A note will
                         be made of apologies for absence.

                 3.3.2   If a request is made to view the site from adjoining land, the Chairman will
                         decide whether this should take place or not. If it does, all interested parties
                         will be informed that they are unable to make representations.

        3.4      The Site Inspection

                 3.4.1   The site visit is intended to be for fact-finding purposes rather than an
                         extension of any debate that may occur within the Council Chamber.
                         Accordingly Members are encouraged to take notes and record other
                         information that will assist them in the consideration of the proposals.
                         Conversely discussions on the merits of the proposals are discouraged,
                         particularly as these may be overheard by outside parties.

                 3.4.2   If there are questions which the officer is unable to clarify on the day, these
                         should be noted. They will then be addressed at the Committee meeting, or
                         to the individual Member prior to the meeting.

                 3.4.3   All Members should arrive and leave the site together, and avoid situations
                         where they are left, either on their own or in a smaller group, with an
                         interested party.

                 3.4.4   At no point should any Member express an opinion on the desired outcome
                         of any application in the presence of any member of the public, including the
                         applicant or their representative. Avoiding any on site discussions is the best
                         way of preventing this.


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                 3.4.5   If at any stage it becomes impossible to conduct the site visit in accordance
                         with this guidance, the Chairman will halt proceedings, explain the problem,
                         and then close the meeting and leave the site.

        3.5      The Committee Meeting

                 Member site visits should be acknowledged in all reports where they have taken
                 place. Furthermore they should be minuted, including a list of all Members who
                 attended and who tendered their apologies. From this the total number of Member
                 site visits undertaken each municipal year will be recorded and monitored.




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Additional explanatory guidance on probity in relation to planning matters

                                                                                Issued: February 2004
1       Introduction

Planning is an area of the Council’s work where probity is especially important. There have been
several instances where councillors in other authorities have been imprisoned for corruption.

It is not enough that the Council and councillors are scrupulously honest. The standard is that they
must be publicly seen to be honest. These notes are designed to achieve that objective. To do so,
councillors must be particularly careful that they do not do anything that could be construed as
improper conduct, however innocent the intention may be.

There are two broad areas where such considerations are particularly appropriate:

       non-involvement in applications before consideration; and
       proper disclosure of interests at consideration.

This guidance deals with these two main areas.


2       Non-involvement

A councillor should not declare his/her views about a particular application awaiting a decision. A
person facing a court case would not expect to be able to contact the judge in advance to get his
support before the hearing. At the Planning Committee, councillors act in a similar judicial role and
must be seen to be similarly impartial.

This principle does not stop a councillor from discussing any planning matter with residents. In
particular, there can be no objection to a councillor:

       discussing planning policy in general terms, without reference to any particular planning
        application, such as whether the Borough should allow taller buildings or more parking;
       explaining planning procedures, such as how applications are heard, when the Planning
        Committee meets and the right to speak;
       simply listening to comments from an applicant or objector, without expressing any opinion
        in reply;
       explaining why a decision was made or why a councillor voted or spoke in a particular way
        after the decision has been made. This applies even if the applicant is appealing against the
        decision, or it is known that a further application is to be made. An appeal is not decided by
        councillors, and any further application will not be compromised as it must be different to
        avoid automatic rejection; or
       dealing with any complaint of a procedural matter, such as why a letter has not been
        answered.




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    If an applicant or objector approaches a councillor directly on an outstanding application, the
    councillor should:

       explain to the person that he cannot discuss the matter before the decision is made;
       encourage the person to discuss the matter with planning officers; and
       provide any necessary explanation of planning procedures, such as the person’s right to
        speak at the Committee meeting.

A councillor may decide to call in an application to be heard by the Committee rather than officers
as a result of a direct approach. This is because a call-in is a change of procedure that is not
relevant to the decision-making process.

If a member, for any reason, does let his/her views be known on a planning application in advance,
he/she must notify the Borough Solicitor in advance, and not take any further part in the planning
process.


3       Disclosure of interest

A councillor is required to disclose any personal interest in an application as soon as the Chairman
comes to that item on the agenda. If a councillor realises he has a personal interest during the
debate, the councillor should declare that interest as soon as he realises it.

If, after a committee meeting, a councillor realises that he/she had a declarable interest, it should be
declared to the Borough Solicitor as soon as possible. This will not necessarily protect the
councillor from a complaint that the Code of Conduct has been breached but will show that the
councillor has done all that could be done to correct the situation.

Planning applications do not always identify the name of the applicant, so it is possible for a
councillor to hear an application for a friend without being aware of it. Councillors should take
reasonable steps to check addresses for a possible connection. However, an unintentional oversight
is not a breach of probity as a councillor cannot be influenced by a factor of which he was unaware,
provided that reasonable steps to check addresses have been taken.

The decision on whether to declare an interest always rests with the councillor himself/herself. A
councillor may always seek the advice of the Borough Solicitor. If still unsure, the councillor is
advised to err on the side of caution. There is no penalty for declaring an interest which need not
have been declared.

In each circumstance there are three choices:

       declare a personal and prejudicial interest and withdraw from the meeting;
       declare a personal interest and remain in the meeting, which includes speaking and voting
        on the matter; or
       not to declare an interest.

The possible interests which could arise are endless, but the following list should help in the more
common situations and provide an indication for novel situations.




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Personal and Prejudicial Interests

There is a personal and prejudicial interest if the councillor has declared views on the merits of
the application in advance or if the application:
     is made by the councillor, or a known relation or close friend of the councillor;
     involves property belonging to the councillor, or is adjacent to that property, or easily visible
      at street level from that property;
     is from a shop or other business where the councillor works or has worked recently, or
      where the councillor’s partner works;
     is for a school where the councillor is a governor (unless sitting as a Borough Council
      nominee) or has a continuing connection (such as member of old boys club or parent teacher
      association);
     is for a church or place of worship which the councillor attends;
     is made by an applicant with whom the councillor has been involved in litigation or similar
      dispute;
     is made by any body on which the councillor sits as a director, trustee, committee member
      or similar, unless the councillor sits as a Borough Council nominee.

Personal Interests

There is a declarable personal interest, but not a prejudicial interest, if the application relates to:

       Surrey County Council land and the councillor is also a county councillor;
       Rosebery Housing Association or any other body on which the councillor sits as a Borough
        Council nominee;
       a school which the councillor attended but where the councillor has no continuing
        involvement;
       a body in which the councillor has been involved in recent years.

No Declarable Interest

There is probably no declarable interest if the application:

       is made by a shop which the councillor uses, unless he has a personal friendship with the
        shopkeeper;
       relates to a telecommunication mast for a company which provides mobile phone services
        for the councillor;
       is merely supported or opposed by a person known to the councillor, but who is not a
        relation or close friend
       relates to a church or place of worship which is not attended by the councillor but is of the
        same religion or denomination as one he does attend.
       is made by someone known personally to the councillor, but who is not a relation or close
        friend.

If a councillor has several interests in an application, he should consider whether they collectively
make a prejudicial interest, even though each one alone is not.

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5.       Outside Meetings

Sometimes a councillor could find himself at an outside meeting where the Councillor is expected
to follow the wishes of the meeting on a planning application. In such circumstances, the councillor
should:
        explain that he does not sit on the Planning Committee as a representative of           those
         individuals but sits in a quasi judicial role;
        invite the meeting to write to the Council expressing its view;
        refrain from expressing any opinion on the merits of the application at the meeting and, if
         necessary, explain why.
        make up his own mind about the planning application on its merits and speak and vote
         accordingly.

A councillor who has followed the above is not barred from speaking or voting on the application,
regardless of what comments he has heard. A councillor should usually tell the Planning
Committee that he attended the meeting, and is free to summarise what was said. This is regardless
of whether the councillor agrees with those views.

The two overriding duties of a councillor in these circumstances is for the councillor’s judgement
not to be compromised by the meeting, and to refrain from expressing any opinion on an
application’s merits before the committee hears the application.




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(f)     WHISTLEBLOWING POLICY

                                                                                     Issued: August 2003
1.      Introduction

        1.1      The Borough Council’s current gross budget is around £27m. It provides a range of
                 services including street cleansing and refuse collection, theatre, day centres, leisure
                 facilities, planning regulations and building control.

        1.2      The Council wishes to ensure that its money is spent on services for the local
                 community. Any loss of funds as a result of fraud or corruption can reduce the
                 amount of money available for services or lead to higher Council Tax.

        1.3      The Council will ensure that services are appropriately used and funds properly
                 spent. It will investigate all suspicions of fraud and corruption but malicious
                 allegations will be dealt with severely.

        1.4      This policy outlines the procedures to follow for: -
                 Employees
                 Contractors/Consultants
                 Councillors and co-opted members
                 Members of the public/any others with serious complaints

        1.5      This document, together with the Anti-Fraud and Anti-Corruption Strategy, is
                 available on the Council’s web site, www.epsom-ewell.gov.uk, or intranet (IRIS)
                 and a separate leaflet is available at Reception for members of the public or can be
                 distributed upon request by the Contact Centre.

        1.6      The aim of this policy is to: -
                    Encourage genuine complainants to come forward.
                    Provide channels for anyone to raise concerns or lodge grievances and receive
                     feedback.
                    Reassure complainants that their details will be kept confidential and free from
                     reproach.

2.      Process for Making a Complaint

        2.1      In order to deal with fraud and corruption the earlier a suspicion is expressed the
                 easier it is to take action.

        2.2      Anyone making a complaint should make a note of the relevant details, documents,
                 and accurate names of people involved, in order to support their allegation as far as
                 possible. They are not expected to take part in the investigation but a formal
                 statement may be needed at a later stage.




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        2.3      In general, complaints are better raised in writing - as a letter or e-mail can provide
                 good background information - giving accurate details, the main cause of concern
                 and what made the writer suspicious.

        2.4      The matter will be investigated by the Head of Audit, except those cases relating to
                 benefits, which will be handled by the Head of Benefits.

Employees

        2.5      The Council recognises that employees have a key part to play in identifying fraud
                 and corruption, although it can be difficult to voice a concern about colleagues.

        2.6      The Whistleblowing Policy is intended for potentially serious allegations or sensitive
                 issues. Minor issues, (such as stealing of stationary, misuse of phone calls or flexi
                 time abuse) should be reported to the appropriate employee’s Line Manager or
                 Director who can then decide on what further action needs to be taken.

        2.7      If an employee suspects fraud or corruption, he/she should take the following steps:
                    make a note of what has occurred as accurately as possible e.g., dates, names
                     involved etc.
                    Report the matter to a senior manager, Director or external body as soon as
                     possible.

        2.8      The Council is committed to the Whistleblowing Policy and keen to encourage staff
                 to use it, therefore staff can take their concerns to any Senior Officer within the
                 organisation in whom they have confidence. As part of this policy the Council
                 recommends contacting any of the following: -
                 Line Manager
                 Director
                 Head of Audit (Andy Jefford, Contract Manager - Deloitte and Touche)
                 Director of Finance
                 Chief Executive
                 A Member of the Council
                 Monitoring Officer

Contractors and Consultants

        2.9      The Council employs a number of contractors and consultants to help it provide its
                 services. These people are in a good position to identify cases of suspected fraud or
                 corruption that might affect the Council and cause financial loss to the Council or
                 loss of reputation.




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        2.10     The Council expects all contractors and consultants to be fair and honest in their
                 dealings with the Council and, should any fraud or corruption come to light, they
                 should give any help, information and support required. Typical areas of concern
                 include: tender fraud, creditor payment fraud, misappropriation of Council income
                 and stolen or misused assets.

        2.11     A contractor or consultant should make an accurate record then promptly report the
                 matter to the Head of Audit, Director of Finance, Chief Executive or one of the other
                 bodies listed at the back of this document.

        2.12     Contractors must not investigate a matter by themselves nor must they convey their
                 suspicions to anyone else.

Councillors

        2.13     Where a Councillor suspects fraud, the Council expects him or her to provide any
                 help, information and support required.

        2.14     Where that complaint is against another councillor the matter can be referred to the
                 Standards Board for England, which is responsible for reviewing breaches against
                 the Members Code of Conduct.

        2.15     Where a councillor suspects a minor offence he/she should approach the relevant
                 Director. Potentially serious allegations should be recorded as accurately as possible
                 and brought to the attention of the Chief Executive, Director of Finance or the Head
                 of Audit.

Residents and Others

        2.16     The Council encourages members of the public who have reasonable grounds to
                 suspect fraud or corruption to write, telephone or e-mail the Chief Executive, the
                 Director of Finance or the Internal Audit Section. An outside contractor, Deloitte
                 Touche, currently provides the Internal Audit service operating independently from
                 all other parts of the Council and reporting to the Director of Finance. The auditors
                 are responsible for detecting and investigating fraud and will take the appropriate
                 action to establish who is responsible and obtain compensation or redress for any
                 losses incurred by the Council.

        2.17     The Whistleblowing Policy is separate from the normal complaints process where
                 minor complaints are channelled through the Contact Centre. Any complaints of a
                 serious nature received through the Contact Centre will be directed to the Head of
                 Audit and the complainant will be given a leaflet in relation to the Whistleblowing
                 Policy.




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3.      How will complaints be handled? (Fraud Response Plan)

        3.1      The action taken will be dependant on the nature of the allegation. The matter will
                 first be investigated internally to establish the facts and the Fraud Response Plan will
                 be implemented. Further action will depend on the results but the case may be: -
                    Passed to Deloitte and Touche’s specialist fraud investigation team.
                    Referred to Director of Human Resources for disciplinary action
                    Referred to the District Auditor
                    Referred to the Police
        The matter can also be subject to an inquiry by the Ombudsman or the Standards Board for
        England.

        3.2      The level of contact with the complainant will vary depending on the nature of the
                 complaint but further meetings maybe required to clarify or obtain further
                 information.

        3.3      During any meetings the complainant has the right to have a friend or representative
                 with them.

        3.4      The Council will take steps to minimise any difficulties that might be experienced by
                 anyone as a result of raising concerns. For example, the Council will help them
                 should they have to give a statement to the Police or give evidence.

        3.5      In line with the Fraud Response Plan the Director of Finance will reply to all
                 concerns within 10 days.

4.      Confidentiality and Anonymous Allegations

        4.1      Where any whistleblowing complainant requests confidentiality then it will be fully
                 respected wherever possible. However, it must be appreciated that when allegations
                 are serious it will be necessary to reveal the source of the data as the process
                 continues, particularly when Police are involved.

5.      Harassment or Victimisation

        5.1      The decision to report an allegation can be difficult, particularly when colleagues are
                 involved or if there is a fear of reprisals. The Council will not tolerate any attempt
                 on the part of an employee, councillor or contractor to apply any pressure sanction,
                 harassment or victimisation. The Council will take necessary action, including
                 disciplinary action against an employee, action for breach of a contract against a
                 contractor or report a Member to the Standards Board for England.

6.      Malicious Allegations

        6.1      The Council will view any malicious complaints very seriously and will take action
                 against anyone deliberately making false or malicious allegations in respect of
                 employees.




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7.      Untrue Allegations

        7.1      If an allegation is made in good faith but not proven by investigation no action will
                 be taken against the complainant.

8       Contact Numbers - Council Officers and Alternative Agencies

        5.1      The details for contacting key Council personnel are listed below together with the
                 contact details of external agencies should a complainant feel that it is right that a
                 complaint is looked into by an external agency.
                    Chief Executive, David Smith, Town Hall, The Parade, Epsom, Surrey Tel:
                     01372 732104, or e mail: dsmith@epsom-ewell.gov.uk
                    Director of Finance, John Turnbull, Town Hall, The Parade, Epsom, Surrey Tel
                     01372 7322210, or e-mail: jturnbull@epsom-ewell.gov.uk
                    Chief Solicitor (and the Council’s Monitoring Officer), Trevor Smith, Town
                     Hall, The Parade, Epsom, Surrey Tel 01372 732140 or e-mail tsmith@epsom-
                     ewell.gov.uk.
                    Head of Audit, Andy Jefford, Stonecutter Court, 1 Stonecutter Street, London
                     EC4A 4TR. Tel 0781 0656522,or e-mail ajefford@deloitte.co.uk
                    Your local Councillor: if you are a resident of the Borough of Epsom and Ewell,
                     you may contact your local Councillor. A list of local Councillors is available
                     either from the Committee Services Section (01372 732121) or from the
                     Council’s web site.
                    The Audit Commission: Rob Spooner (Audit Manager), North Wing, Southern
                     House, Sparrowgrove, Winchester, Hants, SO21 2RU, Tel 01962 704600, or e-
                     mail; r-spooner@audit-commission.gov.uk
                    Your Trade Union or staff representative.
                    The Police - if it is a suspicion of fraud or corruption.
                    The Local Government Ombudsman.
                    Public Concern at Work Tel 0207 404 6609 web site: www.pcaw.co.uk
                    Standards Board for England, enquiries 0845 078 8181, complaints 0800 107
                     2001, or web site www.standardsboard.co.uk




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                       PART 6: COUNCILLORS’ ALLOWANCES SCHEME

         Updated: September 2004                                   Members          Amount (£)
         Basic Allowance                                           38              2,649 2,802

         SPECIAL RESPONSIBILITY ALLOWANCES
         Committee Chairmen
         Strategy and Resources                                    1               1,326 1,401
         Environment                                               1               1,326 1,401
         Social                                                    1               1,326 1,401
         Leisure                                                   1               1,326 1,401
         Licensing                                                 1               1,326 1,401
         Planning                                                  1               1,326 1,401
         Scrutiny                                                  1               1,326 1,401
         Standards                                                 -                         -
         Panel Chairmen
         Financial Policy                                          1                   663 702
         Human Resources                                           1                   663 702
         Business Partnership                                      1                   663 702
         Health Liaison                                            1                   663 702
         Other Chairmen
         Epsom & Walton Downs Conservators                         1                   663 702
         Nonsuch Park JMC                                          1                   663 702
         Membership of Planning Committee                          13                  663 702
         Vice Chairman of Planning Committee                       1                   309 345

         Other posts
         Majority Group Leader or Chairman                         1               1,326 1,401
         Minority Group Leaders                                    3                   663 702
         Deputy Mayor                                              1                   663 702
Notes
    1. A Councillor may only receive one Special Responsibility allowance unless one of those allowances
       is for membership of the Planning Committee.
    2. A Vice Chairman may receive payment at the same rate as the Chairman if required to stand in for
       him/her during an absence of a month or more for the period of his her absence.
    3. Any Advisory Panels, set up during a municipal year will not be included in the scheme until re-
       constituted at the following Annual Council meeting.
    4. Travel expenses and subsistence will only be reimbursed for pre-approved attendance at conferences
       and seminars or other official Council business outside the Borough where reimbursement will be at
       the officer rate up to a maximum allowed under the Inland Revenue scheme. All other travel,
       subsistence and necessary costs are covered by the scheme of allowances.
    5. A payment equivalent to the national minimum wage may be made to Councillors to cover child-
       care or dependent care.
    6. Allowances to be increased in May each year following the Annual Council Meeting in accordance
       with the preceding March RPI annual increase.

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                              PART 7: MANAGEMENT STRUCTURE

                                                             Updated: April 2004




3bb25a62-8648-4c92-9e1e-711476b2efba.doc                           Part 7 - Page 1 of 1

				
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