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Agenda item

Committees

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1                Appeals and Awards Committee CM1

 

a)               To hear all appeals except for appeals specifically carried out by another Committee.

 

b)               To make all decisions of a quasi-judicial nature not referred to Cabinet/Council or any other Committee.

 

c)               To carry out all Investigatory Committee functions in relation to the disciplinary procedure for Officers on JNC conditions.

 

 

 

2                Appointments Committee CM2

 

a)               Chief Executive and Chief Officers

 

i)          To shortlist suitable candidates;

ii)         To interview shortlisted candidates and recommend a final shortlist to Council, if any.

 

b)              Heads of Service

 

To shortlist, interview and appoint, if appropriate, suitable Candidates.

 

c)               Independent Lay Person(s) of the Audit Committee

 

To shortlist, interview and appoint, if appropriate, suitable independent Lay Member(s) to the Audit Committee.

 

d)              Joint JNC / Chief Officer Appointments

To establish Sub Committees if required in order to shortlist, interview and appoint’ if appropriate, suitable candidates for designated JNC Officer posts that are shared with other Public Sector Organisations.

Membership of the Sub Committee must be proportionate with the political makeup of the Council.

 

Note:

 

i)          Regulation 7 of the Local Authorities (Standing Orders) (Wales) Regulations 2006 as Amended by the 2014 Regulations states that the appointment of the Chief Executive is to be approved by Council itself.  However, it has been customary within the City and County of Swansea for all Chief Officers to be appointed by Council and this will continue to be the case.

 

ii)         Section 11 (1) (a) of the Local Government (Wales) Measure 2011 states that the Democratic Services Committee shall Designate a person into the role of the Head of Democratic Services”.

 

 

3                Governance & Audit Committee CM3

 

Statement of Purpose

 

The Governance and Audit Committee is a key component of the City and County of Swansea’s corporate governance. It provides an independent and high level focus on the audit, assurance and reporting arrangements that underpin good governance and financial standards.

 

The purpose of the Governance and Audit Committee is to provide independent assurance of the adequacy of the risk management framework, the internal control environment and the performance assessment of the Council. It provides an independent review of the governance, performance assessment, risk management and control frameworks and oversees the financial reporting and annual governance processes. It oversees internal audit and external audit, helping to ensure efficient and effective assurance arrangements are in place.

 

Membership

 

The Local Government (Wales) Measure 2011 provides that two thirds of the members of the Committee are to be members of the council and one third must be lay members. Only one member of the Cabinet or Assistant to the Cabinet may sit on the Committee, and that person must not be the Leader. The Chair must be a lay member and the vice chair must not be a member of the Cabinet or an Assistant to the Cabinet.

 

Governance, Performance, Risk and Control

 

a)               To review the Council’s corporate governance arrangements against the good governance framework and consider annual governance reports and assurances.

 

b)               To review the Council’s draft annual Self-Assessment Report, and make any appropriate recommendations for changes to the conclusions or actions the Council intends to make.

 

c)               To review the Council’s draft response to the Panel Performance Assessment Report, and make any appropriate recommendations for changes.

 

d)               To review the Council’s draft response to any Auditor General’s recommendations arising from a special inspection in respect of the Council’s performance requirements and to make any appropriate recommendations for changes.

 

e)               To review and assess the authority’s ability to handle complaints effectively and to make any associated reports and recommendations in relation to the authority’s ability to handle complaints effectively.

 

f)                To review the Annual Governance Statement prior to approval and consider whether it properly reflects the risk environment and supporting assurances.

 

g)               To consider the Council’s arrangements to secure value for money and review assurances and assessments on the effectiveness of these arrangements.

 

h)               To consider the Council’s framework of assurance and ensure that it adequately addresses the risks and priorities of the council.

 

i)                To monitor the effective development and operation of risk management in the Council.

 

j)                To monitor progress in addressing risk related issues reported to the Committee.

 

k)               To consider reports on the effectiveness of internal controls and monitor the implementation of agreed actions.

 

l)                To review the assessment of fraud risks and potential harm to the Council from fraud and corruption.

 

m)             To monitor the counter fraud strategy, actions and resources.

 

n)               To review any proposals in relation to the appointment of external providers of internal audit services and to make recommendations.

 

o)               To review the governance and assurance arrangements for significant partnerships or collaborations.

 

Internal Audit

 

p)               To approve the internal audit charter and resources.

 

q)               To approve the risk-based internal audit plan, containing internal audit’s resource requirements, the approach to using other sources of assurances and any work required to place reliance upon those other sources.

 

r)                To approve significant interim changes to the risk based internal audit plan and resource requirements.

 

s)               To make appropriate enquiries of both management and the Chief Internal Auditor to determine if there are any inappropriate scope or resource limitations.

 

t)                To consider the Chief Internal Auditor’s annual report and opinion, and a summary of internal audit activity (actual and proposed) and the level of assurance it can give over the Council’s corporate governance arrangements.

 

u)               To consider the Chief Internal Auditor’s annual report.

 

v)               To consider reports from the Chief Internal Auditor on Internal Audit’s performance during the year including the performance of external providers of internal audit services.

 

w)              To consider a report on the effectiveness of internal audit to support the Annual Governance Statement, where required to do so by the Accounts and Audit Regulations.

 

x)               To consider any impairments to independence or objectivity arising from additional roles or responsibilities outside of internal auditing of the Chief Internal Auditor. To approve and periodically review safeguards to limit such impairments.

 

y)               To consider summaries of specific internal audit reports as requested.

 

z)               To receive reports outlining the action taken where the Chief Internal Auditor has concluded that management has accepted a level of risk that may be unacceptable to the authority or there are concerns about progress with the implementation of agreed actions.

 

aa)            To consider reports dealing with the management and performance of the providers of internal audit services.

 

bb)            To consider a report from internal audit on agreed recommendations not implemented within a reasonable timescale.

 

cc)            To consider the external auditor’s annual letter, relevant reports, and the report to those charged with governance.

 

dd)            To contribute to the Quality Assurance and Improvement Programme and in particular the external quality assessment of internal audit that takes place at least once every five years.

 

ee)            To provide free and unfettered access to the Governance and Audit Committee Chair for the Chief Internal Auditor, including the opportunity for a private meeting with the Committee.

 

External Audit

 

ff)               To consider the external auditor’s annual letter, relevant reports, and to those charged with governance.

 

gg)            To consider specific reports as agreed with the external auditor.

 

hh)            To comment on the scope and depth of external audit work and to ensure it gives value for money.

 

ii)               To commission work from external audit.

 

jj)               To advise and recommend on the effectiveness of relationships between external audit and other inspector agencies or relevant bodies

 

Financial Reporting

 

kk)            To review the annual statement of accounts. Specifically, to consider whether appropriate accounting policies have been followed and whether there are concerns arising from the financial statements or from the audit that need to be brought to the attention of the Council.

 

ll)               To consider the external auditor’s report to those charged with governance on issues arising from the audit of the accounts.

 

Accountability Arrangements

 

mm)         To report to full Council on a regular basis on the Committee’s performance in relation to the terms of reference and the effectiveness of the Committee in meeting its purpose.

 

nn)            To report to Council on an annual basis and to publish an annual report on the Committee’s work, its performance in relation to the Terms of Reference, and its effectiveness in meeting its purpose.

 

oo)            To raise the profile of probity generally within the Council and to report on matters of concern to the individual Cabinet Member, relevant Scrutiny Committee, Cabinet or to Council as necessary and appropriate.

 

pp)            To work in synergy with the Scrutiny Committees of the Council and liaise with other Council Committees as and when appropriate to avoid duplication in work programmes.

 

qq)            To report to those charged with governance on the committee’s findings, conclusions and recommendations concerning the Appendix 1 adequacy and effectiveness of their governance, risk management and internal control frameworks, financial reporting arrangements, and internal and external audit functions

 

rr)              To publish an annual report on the work of the committee.

 

Training and Development

 

ss)            To attend relevant training sessions including specialist training tailored for Members of the Governance and Audit Committee.

 

 

4                Chief Executive’s Appraisal and Remuneration Committee CM4

 

This Committee is exempt from the Committee Balance Rules in order to allow the following membership: 

 

Leader and Deputy Leader of the Ruling Group;

Leader and Deputy Leader of Largest Opposition Group;

Leader only of other Political Groups;

3 other Councillors from Ruling Group.          

 

a)               Responsible for the Performance Appraisal and objective setting of the Chief Executive.

 

b)               Assisting the Chief Executive in the annual appraisal of the Deputy Chief Executive and endorsing the objectives set for the Deputy Chief Executive and agreeing the Deputy Chief Executive’s salary banding for performance related pay.

 

Note:

 

Where the Authority proposes to appoint a Chief Officer or Deputy Chief Officer, and the remuneration which it proposes to pay to the chief officer is £100,000 or more per annum, it must:

 

i)          Draw up a statement specifying:

·                The duties of the officer concerned, and

·                Any qualifications or qualities to be sought in the person to be appointed;

 

ii)         Make arrangements for the post to be publicly advertised in such a way as is likely to bring it to the attention of persons who are qualified to apply for it; and

 

iii)       Make arrangements for a copy of the statement mentioned in a) to be sent to any person on request.

 

The Authority is not required to publicly advertise, if it proposes to appoint the Chief Officer for a period of no longer than 12 months.

 

 

5                Chief Officers Disciplinary Committee CM5

 

To deal with all matters of discipline relating to Officers employed under Joint Negotiating Committees (JNC) terms and conditions (including Head of Democratic Services).

 

Note:

 

a)              At least 1 member of Cabinet must sit on this Committee and that no more than 50% of the Committee are permitted to be Cabinet Members.

b)              This meeting will be Chaired by the Presiding Member.

 

 

6                Chief Officers Disciplinary Appeals Committee CM6

 

To deal with all matters of discipline relating to Officers employed under Joint Negotiating Committees (JNC) terms and conditions (including Head of Democratic Services).

 

Note:

 

a)               At least 1 member of Cabinet must sit on this Committee and that no more than 50% of the Committee are permitted to be Cabinet members.

b)               This meeting will be Chaired by the Deputy Presiding Member.

 

 

7                Corporate Parenting Board CM7

 

Purpose

 

a)               Some children and young people need additional help and support because of their needs and circumstances.  In some cases this requires that they are looked after by the Local Authority.

 

b)               The purpose of the Corporate Parenting Board is to encourage all Councillors, Officers, Agencies and Individuals to work together to ensure that every looked after child, young person and care leaver receives the best possible support to achieve their full potential.

 

c)               This may be educational, social or in any other area of their development.  This means seeking the highest quality outcomes that every good parent would want for their own child by asking themselves ‘If this were my child would it be good enough for them?’ and striving to achieve the standards that a good parent would want.

 

d)               The Board will always seek a consensus opinion prior to making any recommendations to the appropriate decision making body.

 

Legislation

 

e)               Ensuring a joined up approach to fulfilling the responsibilities of corporate parenting is important.  The corporate parenting responsibility, towards children looked after by the Authority and care leavers applies to all Councillors.  It is important to bear in mind that it is not just social services that impact on these children. Section 27 of the Children Act 1989 places a duty on the NHS as well as each Local Authority’s housing and education services to assist social services in carrying out their functions under the Act – including their corporate parenting function.

 

f)                The Children Act 2004 places a duty on the local authority, health and other key partners to co-operate to improve the wellbeing of children in their area.  Members will seek to ensure the provision of all public services used by looked after children and young people is high quality, joined up, and takes account of their needs.  This entails commitment and collaboration across a range of Council services and with key partners where appropriate:

 

i)          Local health services, Paediatrics and Child and Adolescent Mental Health Services (CAMHS);

ii)         Flying start and early years provision;

iii)        Schools and other education settings;

iv)       Youth offending teams;

v)         Housing associations;

vi)       Leisure, library and youth services;

vii)      Leaving Care and Therapeutic Services that may be contracted out to private of voluntary sector organisations;

viii)     Fostering Services.

 

g)               In addition there is a requirement (Children Act, 2004) that the local Children and Young People’s Plan ensures the improvement of wellbeing outcomes for children through effective local partnerships which co-ordinate the planning and delivery of all services for children and young people.

 

Function.  To do this, the Board members will:

 

h)               Listen to, communicate with and champion the views of Looked After children and young people.

 

i)                Develop a Corporate Parenting Strategy and annual action plan to deliver its purpose.

 

j)                Facilitate multiagency Task and Finish groups as required.

 

k)               Raise the profile of issues that may put children and young people at risk of becoming Looked After; issues affecting Looked After Children, children, young people and care leavers within the Council and with partner organisations.

 

l)                Promote the work of the Corporate Parenting Board within the Council, with partner organisations and the broader arena as appropriate.

 

m)             Develop, receive and respond to regular performance data on Looked After children and Care Leavers.

 

n)               Ensure the Corporate Parenting Board is kept up to date on relevant legislation, guidance and inspections and implications thereof.

 

o)               Ensure that children looked after by the Local Authority are offered the protection of the UN Convention on the Rights of the Child.

 

Membership

 

p)               The Board will comprise cross-party representation of Councillors.  It is currently 9 Councillors (6 Labour and 1 from each other Political Group).

 

q)               The Chair and Vice Chair shall be elected from the Councillors appointed to the Board by the Council.

 

r)                Senior representation from across the Local Authority reflecting the needs of children and young people in need, the looked after children and young people who are leaving or have left care.  As a minimum this should include Education, Housing, and Public Protection, Child and Family Services and the Youth Offending Service.

 

s)               Senior representation from a number of partner agencies/organisations will be required to ensure the Board fulfils its obligations to young people in promoting their safety and wellbeing and ensuring their wellbeing outcomes are achieved.

 

t)                Co-opted members as necessary.

 

Quorum

 

u)               The quorum shall be one quarter of the Councillor members of the Board.

 

Reporting arrangements

 

v)               Provide an annual report to Council.

 

w)              Reports will be provided to interested parties, including the relevant Cabinet Member(s) for Children and Young People services and others as required.

 

x)               Specific matters of interest or concern will be forwarded to the appropriate Cabinet Member.

 

Meeting arrangements

 

y)               The Board would normally meet on a quarterly basis but may meet as required.

 

z)               The Board will be supported by Child and Family Social Services.

 

aa)            The Board will be serviced by Democratic Services which will draft the agenda and produce the minutes.

 

bb)            The Board will establish its financial requirements and keep any allocated budget under review.

 

 

8                Democratic Services Committee CM8

 

(Section 11 of the Local Government (Wales) Measure)

 

a)               Exercise the function of the local authority under section 8(1)(a) Local Government (Wales) Measure 2011 (designation of Head of Democratic Services).

 

b)               Review the adequacy of provision by the authority of staff, accommodation and other resources to discharge Democratic Services functions, including:

 

i)          Achievement of the Welsh Local Government Association’s (WLGA) Member Support and Development Charter;

ii)         Councillor Training;

iii)       Improvements and innovations such as electronic voting, web casting etc.

 

c)               Make reports and recommendations to the authority in relation to such provision.

d)               It is for a Democratic Services Committee to determine how to exercise those functions.

 

e)               To determine whether or not the Councillors period of family absence should be cancelled in accordance with Regulation 34 of the Local Government (Wales) Measure 2011.

 

f)                To determine whether or not to withhold a Councillor’s Remuneration should they fail to return following a period of family absence on the date specified in the notice provided.

 

g)               At the request of the Local Authority, the Democratic Services Committee may review any matter relevant to:

 

i)              The support and advice available to Members of the Authority.

ii)             The terms and conditions of Office of those Members.

 

 

9                Family Absence Complaints Committee CM9

a)               To determine a complaint made by a Councillor regarding the cancellation or bringing to an end a period of family absence by the Authority;

 

b)               To determine any such complaint in accordance with Regulation 36 of the Family Absence for Members of Local Authorities (Wales) Regulations 2013;

 

c)               To determine a complaint made by a Councillor on maternity absence or parental absence regarding a decision made by the Chair of Council (Presiding Member) as to the Councillor attending any meeting or performing any duty;

 

d)               To determine any such complaint in accordance with Regulation 38 of the Family Absence for Members of Local Authorities (Wales) Regulations 2013”.

 

 

10.1         General Licensing Committee CM10_1

 

a)               To determine all licensing matters and any other matters of a licensing nature as set out in the scheme of delegation with exception of Licensing Act 2003 and Gambling Act 2005 licensing functions and matters.

 

b)               All Licensing matters will be considered by the General Licensing Committee or General Sub Committee as deemed necessary, exercising plenary powers meeting on such specific occasions as necessary.

 

c)               The General Licensing Committee shall be empowered to do anything which is necessarily incidental to the exercise of the delegated function and all delegations and or authorisations shall be construed accordingly unless they are expressly limited otherwise in order to facilitate the determination of any matters considered by them.

 

d)               The General Licensing Committee or General Licensing Sub Committee as deemed necessary shall be empowered to adopt or modify any such rules of procedure including, but not limited to the Statement of Principles for taxi licensing in order to facilitate the determination of any matters considered by them.

 

e)               To review and update conditions attached to existing licences/certificates/permits/consents and to agree new conditions required due to changes in legislation and or changes in trends or practices.

 

f)                To consider appeals against an officer decision to refuse an application for approval to work as a driver or passenger assistant in vehicles for school transport purposes.

 

Note:

 

All members of this Committee must have been trained by the Authority prior to them being permitted to take part in the meeting.

 

 

10.2       General Licensing Sub Committee CM10_2

 

1            To determine all Licensing matters and any other matters of a licensing nature with the exception of Licensing Act 2003 and Gambling Act 2005 licensing functions and matters in accordance with the provisions of the scheme of delegation set out in the Council’s Constitution and the Council’s statements of policy or principles.

 

2            The General Licensing Sub Committee shall be empowered to adopt or modify any such rules of procedure as may be required in order to facilitate the determination of any matters considered by them.

 

Notes:

 

All members of this Committee must have been trained by the Authority prior to them being permitted to take part in the meeting.

 

 

11             Joint Consultative Committee CM11

 

a)              To establish a regular method of communication, consultation and negotiation between Members of the City & County of Swansea and representatives of Trade Unions for all employees recognised for negotiating purposes.

 

b)              The JCC shall be the ultimate negotiating body for the Council, decisions of the JCC will be reached by consensus and will be subject to the approval of Council.  Should there be a failure to reach a consensus, this shall be referred to an internal disputes’ resolution procedure, or the regional joint secretaries. 

 

c)               The JCC will consult on matters of overall strategy and service delivery, with the aim of influencing Council policies.

 

d)              The JCC will work together with a view to agreeing the formulation of best practices and the improvement of employment relations between the Authority and its employees and will ensure consistency of application across the workforce.

 

e)              To be a consultative forum on issues of relevant corporate matters.

 

f)                To enable the Trade Union side an opportunity to influence and enrich Council’s decision making process

 

g)              JCC will meet every six weeks.  However, there may be occasions where JCC feel that it may need to meet on an extraordinary basis.  It would also be appropriate for the JCC to allocate work to working groups to deal with detailed negotiations within the JCC Terms of Reference.  That such groups will report back to the JCC.

 

h)              Elected Members will number seven in accordance with the Political Balance Rules.  Members will be entitled to send a substitute in the event that they are unable to attend.

 

i)                Membership will include the Leader, Deputy Leader and relevant Cabinet Member for Finance.

 

j)                The Trade Unions who are entitled to attend the JCC shall be as set out below.  Representation is capped to a maximum of 12 and attendees are to be mutually agreed and allocated by the trade unions.  Substitutes will be entitled to attend, but this shall be organised by the trade unions prior to the meeting and the numbers shall not exceed 12 overall.  The names of the substitutes are to be given to the relevant officer prior to the commencement of the meeting.  On specialist issues, or in matters where direct experience will be helpful, the Trade Unions can co-opt a person to attend JCC.  This shall be for information purposes only and must be agreed at agenda planning meetings.

 

k)               Full time Union officials shall be entitled to attend in an ex officio capacity:

·                Unison

·                Unite

·                GMB

·                NUT

·                NAHT

·                NASUWT

·                UCAC

·                ATL

 

l)                The following officers will attend JCC if available, or send a nominated representative instead if they are unavailable:

·                Chief Executive

·                Strategic Human Resources & Organisational Development Manager

·                Directorate Lawyer

·                Democratic Services Officer

 

m)             Other officers will attend as appropriate dependent upon the agenda.

 

n)               On specialist issues, or in matters where direct experience will be helpful, the Authority can co-opt a person to attend JCC.  This shall be for information purposes only and must be agreed at agenda planning meetings.

 

o)               The JCC will be jointly chaired by Elected Members and Trade Unions on an alternate basis.

 

p)               The Joint Chairs shall be elected at the first meeting after the Council Annual meeting.

 

q)               The Agenda Planning meetings will take place no later than 10 days prior to the meeting of the JCC.

 

r)                Agenda items will be agreed, and any papers in connection with those items will be circulated with the Agenda and Minutes of the last meeting.

 

s)               A report template will be provided and only reports in this format will be accepted.

 

t)                No “Any Other Business” will appear on the agenda but urgent matters shall be subject to the agreement of the Joint Chairs prior to the commencement of the meeting.

 

u)               No departmental matters will be allowed unless:

·                there has been a failure to resolve the issues via the departmental trade union forum;

·                there has been a failure to resolve the issues via the Monthly Trade Union forum;

·                there has been a failure to resolve the issues via the via liaison with Human Resources;

·                there has been a failure to resolve the issues via an internal local dispute resolution;

·                the Trade Unions believe that issues have been unreasonably delayed in being referred to the JCC.

 

v)               Joint Chairs will be accompanied by advisors as appropriate.

 

w)              Papers will be circulated 5 days in advance of the JCC.

 

x)               A room will be provided for the Trade Unions to use in the two hours before the formal meeting of the JCC.

 

y)               A briefing for Elected Members of the JCC will be held prior to the Formal meeting of the JCC.

 

z)               Role of Members:

·                To be the representative of the Authority as the employer, who are the provider of Council Services.

·                To conduct negotiations on behalf of the Authority.

·                To consult and communicate on behalf of the Authority.

 

aa)            Role of Trade Unions:

·                To represent the interests and views of their members in communication, consultation and negotiations with the Authority.

·                To support and promote the services provided by their members for the Authority.

·                The Trade Unions be the recognised organisations for the purposes of reaching agreement regarding the issues listed under ‘Relevant Matters for Consultation and Negotiation’.

 

bb)            Role of Officers:

·                To advise Elected Members.

·                To present information to the JCC.

 

cc)            Relevant Matters for Consultation and Negotiation:

i)          To enable the JCC to fulfil its functions as a high level consultative and negotiation vehicle, only the following matters will be permitted to be raised as agenda items and discussed.

ii)         Collective Bargaining Rights for the purpose of negotiating the following:

·               Pay

·               non-pay benefits

·               job evaluation

·               trade union recognition

·               terms & conditions, including all Human Resources policies and procedures

·               working practices

·               implementation of NJC agreements

iii)       Although the following is not exhaustive, consultation will take place in respect of the following:

·               the Authority’s economic position and the budget requirements

·               the management of change

·               training & development

·               new initiatives e.g. IIP

·               decisions affecting work organisation.

 

dd)            Regular, formal meetings between Management and Trade Unions will take place at a Directorate and/or Service Unit level.  The frequency of these meetings will be agreed between the service manager and local trade union representatives.  Flexibility in the need to arrange such meetings on an ad hoc basis is essential in order to ensure that meaningful consultation takes place on workforce and service delivery issues.

 

 

12             Local Pension Board CM12

 

a)               Introduction

 

This document sets out the terms of reference of the Local Pension Board of The City & County of Swansea (the 'Administering Authority') a scheme manager as defined under Section 4 of the Public Service Pensions Act 2013. The Local Pension Board (hereafter referred to as 'the Board') is established in accordance with Section 5 of that Act and under regulation 106 of the Local Government Pension Scheme Regulations 2013 (as amended).

 

The Board is established by the Administering Authority and operates independently of the Pension Fund Committee. Relevant information about its creation and operation are contained in these Terms of Reference.

 

b)               Interpretation

 

The following terms have the meanings as outlined below:

 

‘the Act’

The Public Service Pensions Act 2013.

‘the Code

means the Pension Regulator’s Code of Practice No 14 governance and administration of public service pension schemes.

‘the Pension Fund Committee’

means the committee who has delegated decision making powers for the Fund in accordance with Section 101 of the Local Government Act 1972.

‘the Fund’

means the Fund managed and administered by the Administering Authority1 .

‘the Guidance’

means the guidance on the creation and operation of local pension boards issued by the Shadow Scheme Advisory Board.

‘the Regulation’

means the Local Government Pension Scheme Regulations 2013 (as amended from time to time), the Local Government Pension Scheme (Transitional Provisions, Savings and Amendment) Regulations 2014 (as amended from time to time) including any earlier regulations as defined in these regulations to the extent they remain applicable and the Local Government Pension Scheme (Management and Investment of Funds) Regulations 2009 (as amended from time to time).

‘Releant legisation’

means relevant overriding legislation as well as the Pension Regulator's Codes of Practice as they apply to the Administering Authority and the Board notwithstanding that the Codes of Practice are not legislation.

‘the Scheme’

means the Local Government Pension Scheme in England and Wales.

 

c)               Statement of purpose

 

The purpose of the Board is to assist the Administering Authority in its role as a scheme manager of the Scheme. Such assistance is to:

 

i)          secure compliance with the Regulations, any other legislation relating to the governance and administration of the Scheme, and requirements imposed by the Pensions Regulator in relation to the Scheme and;

 

ii)         to ensure the effective and efficient governance and administration of the Scheme.

 

d)               Duties of the Board

 

The Board should at all times act in a reasonable manner in the conduct of its purpose.

 

e)               Establishment

 

The Board is established on 3rd March 2015 subsequent to approval by Council  of the recommendation to establish a Local Pension Board contained in LGPS (Amendment) Governance Arrangements 2015 Regulation - Local Pension Boards. Subsequent to its establishment, the Board may establish sub-committees.

 

f)                Membership

 

i)          The Board shall consist of 6 voting members, as follows:

 

·                3  Member Representatives; and

·                3  Employer Representatives.

 

ii)         There shall be an equal number of Member and Employer Representatives.

 

iii)       The Chair shall be selected from the existing member/employer representatives on a rotating basis and shall endeavour to reach consensus.

 

g)               Local Pension Board Member representatives

 

i)          Local Pension Board Member representatives shall either be scheme members or have capacity to represent scheme members of the Fund.

 

ii)         Local Pension Board Member representatives should be able to demonstrate their capacity to attend and complete the necessary preparation for meetings and have the necessary skills and knowledge required and participate in training as required. 

 

iii)       Substitutes shall not be appointed.

 

iv)       A total of 3 Local Pension Board member representatives shall be appointed by nomination from the Joint Trade Unions representing employees who are scheme members of the Fund. If required a competitive selection process will be delegated to the Head of HR and S151 Officer.

 

h)               Local Pension Board Employer representatives

 

i)          Local Pension Board Employer representatives shall be Councillors, office holders/ senior employees of employers of the Fund or have experience of representing scheme employers in a similar capacity. No Officer or Councillor of the Administering Authority who is responsible for the discharge of any function of the Administering Authority under the Regulations may serve as a member of the Board.

 

ii)         Local Pension Board Employer representatives should be able to demonstrate their capacity to attend and have the requisite skills and knowledge and complete the necessary preparation for meetings and participate in training as required.  

 

iii)       Substitutes shall not be appointed.

 

iv)       A total of 3 Local Pension Board employer representatives shall be appointed to the Board, one from each of the following sources:

 

(1)      One employer representative shall be appointed by the largest employer within the fund (City & County of Swansea).

(2)      One employer representative shall be appointed by the second largest employer within the fund (Neath Port Talbot CBC)

(3)      One employer representative shall be appointed by the Administering Authority where all employers (bar those identified in iv)(1) and iv)(2) above) will have been asked to submit their interest in undertaking the role of employer representative on the Board. In the event that more than one employer expresses an interest outlining their availability, skills and knowledge and lack of conflicts of interest than a competitive interview process will be undertaken delegated to the Strategic HR & OD Manager and S 151 Officer to progress.

 

i)                Other members

 

No other Members are recommended for appointment to the Board.

 

j)                Appointment of Chair

 

Subject to the meeting arrangements in paragraphs q)ii) to r)ii) below a Chair shall be appointed for the Board as identified below:

 

At the first meeting of the Board, a Chair shall be elected from their number on a rotating basis for a term of one year, with the role alternating between employer and member representatives on an equal basis. The Chair shall seek to reach decision by consensus and in the event this cannot be reached, this should be so recorded.

 

k)               Duties of chair

 

The Chair of the Board:

 

i)          Shall ensure the Board delivers its purpose as set out in these Terms of Reference, agree Agendas and clear minutes.

ii)         Shall ensure that meetings are productive and effective and that opportunity is provided for the views of all members to be expressed and considered, and

iii)       Shall seek to reach consensus and ensure that decisions are properly put to a vote when it cannot be reached.  Instances of a failure to reach a consensus position will be recorded and published.

 

l)                Notification of appointments

 

When appointments to the Board have been made the Administering Authority shall publish the name of Board members on the City and County of Swansea website, the process followed in the appointment together with the way in which the appointments support the effective delivery of the purpose of the Board.

 

m)             Terms of Office

 

The term of office for Board members is 4 years, following the Local government cycle, however the first term of office may be shorter.

 

Extensions to terms of office may be made by the Administering Authority with the agreement of the Board.   

 

Board membership may be terminated prior to the end of the term of office due to:

 

i)          A member representative appointed on the basis of their membership of the scheme no longer being a scheme member in the Fund[1].

 

ii)         A member representative no longer being a scheme member or a representative of the body on which their appointment relied.

 

iii)       An employer representative no longer holding the office or employment or being a member of the body on which their appointment relied.

 

iv)       A Board member no longer being able to demonstrate to The City & County of Swansea their capacity to attend and prepare for meetings or to participate in required training.

 

v)        The representative being withdrawn by the nominating body and a replacement identified.

 

vi)       A Board member has a conflict of interest which cannot be managed in accordance with the Board's conflict policy.

 

vii)      A Board member who is an elected member becomes a member of the Committee.

 

viii)     A Board member who is an officer of the Administering Authority becomes responsible for the discharge of any function of the Administering Authority under the Regulations.

 

n)               Conflicts of interest

 

i)          All members of the Board must declare to the Administering Authority on appointment and at any such time as their circumstances change, any potential conflict of interest arising as a result of their position on the Board.

 

ii)         A conflict of interest is defined as a financial or other interest which is likely to prejudice a person’s exercise of functions as a member of the Board. It does not include a financial or other interest arising merely by virtue of that person being a member of the Scheme.

 

iii)       On appointment to the Board and following any subsequent declaration of potential conflict by a Board member, the Administering Authority shall ensure that any potential conflict is effectively managed in line with both the internal procedures of the Board's conflicts policy and the requirements of the Code.

 

o)               Knowledge and understanding (including Training)

 

i)          Knowledge and understanding must be considered in light of the role of the Board to assist the Administering Authority. The Board shall establish and maintain a Knowledge and Understanding Policy and Framework to address the knowledge and understanding requirements that apply to Board members under the Act. That policy and framework shall set out the degree of knowledge and understanding required as well as how knowledge and understanding is acquired, reviewed and updated.

 

ii)         Board members shall attend and participate in training arranged in order to meet and maintain the requirements set out in the Board's knowledge and understanding policy and framework.

 

iii)       Board members shall participate in such personal training needs analysis or other processes that are put in place in order to ensure that they maintain the required level of knowledge and understanding to carry out their role on the Board.

 

p)               Meetings

 

i)          The Board shall as a minimum meet 6 monthly

 

ii)         Meetings shall normally take place during office hours where practicable at offices of the Administering Authority

 

iii)       The Chair of the Board with the consent of the Board membership may call additional meetings.      

 

q)               Quorum

 

i)          A meeting is only quorate when a minimum of 3 persons are present with at least one member and one employer representatives being present.

 

ii)         A meeting that becomes inquorate must cease immediately and be reconvened.

 

r)                Board administration

 

i)          The Chair shall agree an agenda prior to each Board meeting. Officers shall provide such services and provide information for the Board when required.

 

ii)         The agenda and supporting papers will be issued at least 5 clear working days   in advance of the meeting except in the case of matters of urgency in line with the Local Government Act 1972. 

 

iii)       Draft minutes of each meeting including all actions and agreements will be recorded and circulated to all Board members within 10 clear working days after the meeting. These draft minutes will be subject to formal agreement by the Board at their next meeting. Any decisions made by the Board should be noted in the minutes and in addition where the Board was unable to reach a decision such occasions should also be noted in the minutes.

 

iv)       The minutes may be edited to exclude items on the grounds that they would either involve the likely disclosure of exempt information as specified in Part 1 of Schedule 12A of the Local Government Act 1972 or it being confidential for the purposes of Section 100A(2) of that Act and/or they represent data covered by the Data Protection Act 1998.

 

v)        The Board shall ensure that Board members meet and maintain the knowledge and understanding as determined in the Board's Knowledge and Understanding Policy and Framework and other guidance or legislation.

 

vi)       The Board shall arrange for such advice from officers or Advisors as is required.

 

vii)      An attendance record shall be maintained.

 

viii)     The Board shall liaise with the Administering Authority on the requirements of the Board, including advanced notice for officers to attend and arranging dates and times of Board meetings.

 

s)               Public access to Board meetings and information

 

i)          The Board meetings can be open to the general public (unless there is an exemption under relevant legislation) when the public would be asked to leave.

 

ii)         The following will be entitled to attend Board meetings in an observer capacity:

 

·                Members of the Pension Fund Committee,

·                Any person requested to attend by the Board.

 

Any such attendees will be permitted to speak at the discretion of the Chair.

 

iii)       In accordance with the Act the Administering Authority shall publish information about the Board to include:

 

·                The names of Board members and their contact details.

·                The representation of employers and members on the Board.

·                The role of the Board.

·                These Terms of Reference.

 

iv)       The Administering Authority shall also publish other information about the Board including:

 

·                Agendas and minutes

·                Attendance logs

·                An annual report on the work of the Board to be included in the Fund's own annual report.

 

v)        All or some of this information may be published using the following means or other means as considered appropriate from time to time:

 

·                On the Fund’s website.

·                As part of the Fund’s Annual Report.

 

vi)       Information may be excluded on the grounds that it would either involve the likely disclosure of exempt information as specified in Part 1 of Schedule 12A of the Local Government Act 1972 or it being confidential for the purposes of Section 100A(2) of that Act and/or they represent data covered by the Data Protection Act 1998.

 

t)                Expenses and allowances

 

The Administering Authority shall meet the expenses of Board members in line with the Administering Authority's policy on expenses.

 

The Administering Authority shall not pay allowances for Board members.

 

u)               Budget

 

The Board is to be provided with adequate resources to fulfil its role. The Board will seek approval from the Section 151 Officer for any expenditure it wishes to make.

 

v)               Core functions

 

i)          The first core function of the Board is to assist the Administering Authority in securing compliance with the Regulations, any other legislation relating to the governance and administration of the Scheme, and requirements imposed by the Pensions Regulator in relation to the Scheme. Within this extent of this core function the Board may determine the areas it wishes to consider including but not restricted to:

 

(1)      Review management, administrative and governance processes and procedures in order to ensure they remain compliant with the Regulations, relevant legislation and in particular the Code.

(2)      Review the compliance of scheme employers with their duties under the Regulations and relevant legislation.

(3)      Assist with the development of and continually review scheme member and employer communications as required by the Regulations and relevant legislation.

(4)      Monitor complaints and performance on the administration and governance of the scheme.

(5)      Assist with the application of the Internal Dispute Resolution Process.

(6)      Review the implementation of revised policies and procedures following changes to the Scheme.

(7)      Review the arrangements for the training of Board members and those elected members and officers with delegated responsibilities for the management and administration of the Scheme.

(8)      Review the complete and proper exercise of employer and administering authority discretions.

(9)      Review the outcome of internal and external audit reports.

(10)   Review draft accounts and Fund annual report.

(11)   Review the compliance of particular cases, projects or process on request of the Committee.

(12)   Any other area within the statement of purpose (i.e. assisting the Administering Authority) the Board deems appropriate.

 

ii)         The second core function of the Board is to ensure the effective and efficient governance and administration of the Scheme. Within this extent of this core function the Board may determine the areas it wishes to consider including but not restricted to:

 

(1)      Assist with the development of improved customer services.

(2)      Monitor performance of administration, governance and investments against key performance targets and indicators.

(3)      Monitor internal and external audit reports.

(4)      Review the risk register as it relates to the scheme manager function of the authority.

(5)      Assist with the development of improved management, administration and governance structures and policies.

(6)      Review the outcome of actuarial reporting and valuations.

(7)      Assist in the development and monitoring of process improvements on request of Committee.

(8)      Any other area within the statement of purpose (i.e. ensuring effective and efficient governance of the scheme) the Board deems appropriate.

 

iii)       In support of its core functions the Board may make a request for information to the Committee with regard to any aspect of the Administering Authority’s function. Any such request should be reasonably complied with in both scope and timing.

 

iv)       In support of its core functions the Board may make recommendations to the Committee which should be considered and a response made to the Board on the outcome within a reasonable period of time.

 

w)              Reporting

 

i)          The Board should in the first instance report its requests, recommendations or concerns to the Committee. In support of this any member of the Board may attend a Committee meeting as an observer.

 

ii)         Requests and recommendations should be reported under the provisions of above.

 

iii)       The Board should report any concerns over a decision made by the Committee to the Pension Fund Committee.

 

iv)       On receipt of a report under paragraph w)iii) above the Committee should, within a reasonable period, consider and respond to the Board.

 

v)        Where the Board is not satisfied with the response received it may request that a notice of its concern be placed on the website and in the Fund's annual report.

 

vi)       Where the Board is satisfied that there has been a breach of regulation which has been reported to the Committee under paragraph w)iii)  and has not been rectified within a reasonable period of time it is under an obligation to escalate the breach.

 

vii)      The appropriate internal route for escalation is to the Monitoring Officer and the Section 151 Officer. 

 

viii)     The Board may report concerns to the LGPS Scheme Advisory Board for consideration subsequent to, but not instead of, using the appropriate internal route for escalation.

 

ix)       Board members are also subject to the requirements to report breaches of law under the Act and the Code

 

x)               Review of terms of reference

 

The Council and Board may review the operation of and Terms of Reference   periodically.

 

 

13             Pension Fund Committee CM13

 

a)        To establish and keep under review policies to be applied by the Council in exercising its discretions as an administering Authority under the Local Government Pension Scheme (LGPS) Regulations in force from time to time.

 

b)        Subject to Council Procedure Rule 46 “Co-opted Members” to co-opt members onto the Pension Fund Committee.

 

c)         To monitor factors likely to affect the solvency of the Pension Fund between the triennial valuations of the Fund by its independent actuary including specifically, the impact of early retirements approved by all employing bodies within the fund.

 

d)        To determine the strategic aims for investment of the Fund and the benchmarks by which performance will be measured.

 

e)        To arrange for independent investment advice to be available to the Panel at any time.

 

f)          To determine, keep under review and, where appropriate, secure changes in the management arrangements for investment of the Pension Fund.

 

g)        To monitor on a regular basis against its objectives and benchmarks the Fund’s investment performance.

 

h)        To approve attendance of the Committee or any of its Members or Officers at Regional or National meetings arranged to assist Members of investment panels to fulfil their trustee responsibilities.

 

i)          To ensure effective communication and liaison with other employing bodies within the City & County of Swansea Pension Fund.

 

j)          To respond to consultative documents affecting the Local Government Pension Scheme.

 

k)         To make decisions and determine discretions of the Administering Authority under the Local Government Pension Scheme Regulations which may from time to time exist.

 

l)          To approve the Authority’s Pension Statement of Accounts.

Note:

       

i)          The Neath Port Talbot County Borough Council Member is appointed to ensure compliance with Statute.

 

 

14            Planning Committee CM14

 

 

a)               To discharge the functions of the Council with regard to planning control services except:

 

i)          Where the Planning Committee is minded to approve an application for development which the Head of Planning & City Regeneration has recommended for refusal because it is contrary to the Unitary Development Plan, or any other relevant policies adopted by the Council, other than:

ii)         The following policies of the Unitary Development Plan:

 

EV1

Design of New Development

EV2

Siting & Location of New Development

EV3

Accessibility & Access for All

EV4

Public Realm

EV5

Public Art

EV7

Listed Buildings

EV8

Demolition of Listed Buildings

EV9

Development in Conservation Areas

EV10

Demolition of Unlisted Buildings in Conservation Areas

EV12

Lane & Public Paths

EV13

Shop fronts, Security Grilles

EV14

Advertisements

EV15

Hoardings

EC14

Agricultural Development

EC15

Urban Tourism

HC2

Infill Development & Small Scale Residential Development

HC4

Regeneration of Older Housing Areas

HC5

Multiple Occupation

HC6

Flat Conversion

HC7

Household Extensions

HC8

Over the Shop Housing

HC10

Holiday Chalet and Caravan Sites

HC26

Informal Recreation

HC27

Use of Land for Horses

R10

Telecommunications

AS1

Accessibility of new development

AS2

Accessibility of new development

AS5

Walking & Cycling

AS6

Car parking requirements for new development

AS10

Traffic management & highway safety.

 

b)               Where the recommendation would involve a refusal of permission to an application submitted by the Council in relation to land owned by the Council;

 

c)               Any other matter as determined by the Head of Planning & City Regeneration including the consideration and adoption of Supplementary Planning Guidance with the exception of Development Plan Strategy which shall be determined by Council;

 

d)               To discharge the functions of the Council with regard to Public Rights of Way, Commons Registration and Village Greens.

 

e)               Monitor the progress of Local Development Plan (LDP) delivery and performance;

 

f)                Examine the process of LDP preparation and advise upon improving reporting mechanisms;

 

g)               Consider ways to promote / encourage sustainable development;

 

h)               Consider in detail proposals for inclusion in the LDP and be able to report upon their findings;

 

i)                Consider the preparation of Supplementary Planning Guidance (SPG) in support of the LDP;

 

j)                Advise on methods of helping facilitate improved community involvement;

 

k)               Improve linkages with other Council plans and strategies;

 

l)                Ensure equality and diversity issues pertaining to these matters are addressed;

 

m)             Provide a link to the political party groups to enable the views of all Councillors to inform the development of the LDP.

 

Note:

 

i)          Pursuant to the Local Authorities (Standing Orders) (Wales) (Amendment) Regulations 2017

 

(1)      Each meeting of the Planning Committee must have a quorum of 50% to make decisions; and

(2)      The use of Substitute Members is prohibited.

 

ii)         Pursuant to the Size and Composition of Local Planning Authority Committees (Wales) Regulations 2017.  (Section 39 of the Planning (Wales) Act 2015)

 

(1)      The Planning Committee must contain no fewer than 11 members and no more than 21 members, but no more than 50% of the Authority Members (rounded up to the nearest whole number);

(2)      Where wards have more than one elected member, only one member may sit on the Planning Committee, in order to allow other ward members to perform the representative role for local community interests.

 

iii)       Councillors must receive planning training prior to attending the Planning Committee as a member.

 

 

15             Service Transformation Committees (STCs) CM15  

 

There are 5 STCs:

 

·                Climate Change & Nature Recovery Service Transformation Committee.

·                Economy & Infrastructure Service Transformation Committee.

·                Education & Skills Service Transformation Committee.

·                Social Care & Tackling Poverty Service Transformation Committee.

·                Corporate Services & Financial Resilience Service Transformation Committee.

 

The purpose of Service Transformation Committees is to contribute to the ongoing development of the Council’s agreed transformation activities (specifically in relation to the council’s corporate plan, policy commitments, Corporate Transformation Plan, and Medium-Term Financial Plan) for consideration and adoption by Cabinet Members, Cabinet and / or Council as appropriate.

 

a)               Membership & Frequency of Meetings

 

i)          Non-Executive Members and Assistants to Cabinet are eligible to be members of the Service Transformation Committees.

ii)         Executive (Cabinet) Members are not eligible to be members of the Service Transformation Committees. However relevant Cabinet Members will be invited to attend committee sessions.

iii)       Frequency of meetings is a matter for the Chair depending on workload; however, it is anticipated that formal Committee meetings shall be held no more than 6-weekly. In addition to formal Committee meetings, Informal Working Groups may be undertaken, if the work plan dictates and subject to the availability of officer resources.

iv)       Chairs of the Service Transformation Committees will meet to co-ordinate agendas and work plans to ensure consistency and that there is no duplication in work. This meeting will be supported by the Leader and the Chief Executive and / or their nominated representatives.

 

b)               Role and Framework

 

The role of a Service Transformation Committee is to:

 

i)          Contribute to future policy and/or service design.

ii)         Consider mechanisms to encourage and enhance public participation in development of policy and service models.

iii)       Work with Senior Officers and Cabinet Members in a Team Swansea approach.

iv)       Consider and where appropriate to invite relevant organisations / individuals to contribute to policy development and service design discussions.

 

c)               Remit of Service Transformation Committees

 

The Service Transformation Committees will focus their work on

relevant aspects of the Council’s corporate plan, policy commitments,

Corporate Transformation Plan, and Medium-Term Financial Plan.

Specifically, the following areas of work will be within the remit of each

Committee:

 

i)          Climate Change & Nature Recovery Service Transformation Committee:

·                Developing a new Sustainable Transport Strategy (2050).

·                Developing a new Renewable Energy Strategy (2050).

·                Developing a new Swansea Council Sustainable Food Strategy (2030).

·                Waste Strategy Development to Contribute to Swansea Achieving Net Zero & Nature Recovery (2050).

·                Swansea Local Nature Recovery Action Plan (LNRAP).

·                Section 6 Action Plan.

·                Swansea Council’s contribution / commitment to Net Zero Swansea (2050).

·                Public EV Charging Policy (2050).

 

ii)        Economy & Infrastructure Service Transformation Committee:

·                Local Economic Delivery Plan.

·                Tawe Riverside Corridor Action Plan.

·                Swansea Bay Strategy Projects.

·                Maintenance of Road Infrastructure.

·                More Homes Delivery Programme.

·                Destination Management Plan.

·                Review of the Council’s Housing Allocation Policy.

 

iii)       Education & Skills Service Transformation Committee:

·                Transforming Additional Learning Needs.

·                Right Schools in Right Places

 

iv)       Social Care & Tackling Poverty Service Transformation Committee:

·           Safeguarding People from Harm Steps in the Corporate Plan 2023-2028.

·           Tackling Poverty and Enabling Communities Steps in the Corporate Plan 2023-2028.

·           Residential Service Development

·           Enabling and promoting independence - prevention and early Help.

·           Approach to enabling community resilience and selfreliance.

·           Development of a corporate Volunteering Strategy and Policy

 

v)         Corporate Services & Financial Resilience Service Transformation Committee:

·                Transformation and Financial Resilience Steps in the Corporate Plan 2023-2028.

·                Digital Transformation Programme.

·                Workforce and OD Transformation Programme.

·                Corporate Services MTFP savings proposals.

·                Policy Commitments relevant to Corporate Services & Financial Resilience.

 

d)               Relationship with Cabinet:

 

i)          The Service Transformation Committee Chair will agree a forward work programme with Cabinet / CMT.

ii)         The Committee will produce a Transformation report to the Cabinet Member / Cabinet / Council in connection with work undertaken.

iii)        Each Service Transformation Committee will produce an annual report to Council summarising the outcome and outputs of its work throughout the year

 

e)              Relationship with Scrutiny:

 

i)          The Service Transformation Committees are not Scrutiny Committees they are forward looking Committees assisting Council to transform services, modernise, and meet mediumand long-term financial challenges.

ii)         If a Service Transformation Committee identifies an issue of concern arising from their role, the Chair should refer it to the Scrutiny Programme Committee for further consideration / investigation.

iii)       The Service Transformation Committee Chair will be responsible for ensuring the Committee does not stray into the role of the Scrutiny Programme Committee.

iv)       Service Transformation Committees and the Scrutiny Programme Committee should ensure awareness of each other’s work programmes. including the timing of work programme activities. This will be achieved by an early ‘sense check’ of the work programmes for Service Transformation and scrutiny. The Scrutiny Programme Committee should consider relevant advice but has autonomy on decisions about the scrutiny work programme.

 

f)                Support:

 

i)          The Democratic Services Team shall provide the relevant support to the Service Transformation Committees.

ii)         Service Transformation Committee will have a nominated senior service lead for each item or work. The relevant Director, Head of Service, or nominated relevant Officer will provide work plan support and research and produce reports as appropriate.

 

 

16.1         Statutory Licensing Committee CM16_1

 

a)              To determine all matters regulated by the Licensing Act 2003 and the Gambling Act 2005 in accordance with the provisions of the Scheme of Delegation in the Council’s Constitution and the Council’s Statements of Licensing Policy.

 

b)              All Licensing Act 2003 and Gambling Act 2005 functions and matters will be considered by the Statutory Licensing Committee or Statutory Licensing Sub Committee as deemed necessary, exercising plenary powers meeting on such specific occasions as necessary.

 

c)               The Statutory Licensing Committee shall be empowered to do anything which is necessarily incidental to the exercise of the delegated function and all delegations and or authorisations shall be construed accordingly unless they are expressly limited otherwise in order to facilitate the determination of any matters considered by them.

 

d)              The Statutory Licensing Committee or Statutory Licensing Sub Committee as deemed necessary shall be empowered to adopt or modify any such rules of procedure in order to facilitate the determination of any matters considered by them.

 

Note:

 

All members of this Committee must have been trained by the Authority prior to them being permitted to take part in the meeting.

 

 

16.2                Statutory Licensing Sub Committee CM16_2

 

a)               To determine all Licensing Act 2003 and Gambling Act 2005 functions and matters in accordance with the provisions of the scheme of delegation in the Council’s Constitution and the Council’s Statement of Licensing Policy.

 

b)               The Statutory Licensing Sub Committee shall be empowered to adopt or modify any such rules of procedure as may be required in order to facilitate the determination of any matters considered by them.

 

c)               Any consideration of interim measures by the Statutory Licensing Sub Committee under Section 53B of the Licensing Act 2003 are not deemed public hearings and the public can be excluded.

 

Note:

 

All members of this Committee must have been trained by the Authority prior to them being permitted to take part in the meeting.

 

 

17             Standards Committee CM17

 

1            Composition

 

1.1            The Standards Committee is composed of 9 Members. Its Membership includes.

 

1.2            5 “independent” Members, who are not either a Councillor or an Officer or the spouse of a Councillor or an Officer of this Council or any other relevant Authority as defined by the Local Government Act 2000, appointed in accordance with the procedure set out in the Standards Committees (Wales) Regulations 2001 (as amended);

 

1.3            3 Councillors other than the Leader and not more than 1 Member of the Executive; and

 

1.4            1 Community/Town Councillor

 

1.5            The Standards Committee is not required to comply with Section 15 of the Local Government and Housing Act 1989 (duty to allocate to Political Groups).

 

   2            Term of Office

 

   2.1         Independent Members are appointed for a period of not less than four and not more than six years and may be reappointed for a consecutive term not exceeding four years.

 

   2.2         Members of local authorities who are Members of the Standards Committee will have a term of office until the next ordinary local government election following their appointment. They may be reappointed for one further consecutive term.

 

   2.3         The Community Council Member will have a term of office until the next election for the community council following their appointment. They may be reappointed for one further consecutive term.

 

   3            Quorum

 

                 A meeting of the Standards Committee shall only be quorate when:

 

   3.1         at least 3 Committee Members, including the Chair, are present; and

 

   3.2         at least half the Committee Members present (including the Chair) are independent Members.

 

   4            Voting

 

   4.1         Independent Members and Community Council Members will be entitled to vote at meetings.

 

   5            Chairing the Committee

 

   5.1         Only an independent Member of the Standard Committee may be the chair.

 

   5.2         The Chair and Vice Chair will be elected by the Members of the Standards Committee for whichever is the shortest period of:

 

i)              Not less than four years or no more than six years; or

ii)             Until the term of office of the independent Member comes to an end

 

   6            Role and Function

 

   The Standards Committee will have the following roles and functions:

 

   6.1         promoting and maintaining high standards of conduct by Councillors and co-opted Members of the Authority;

 

   6.2         assisting the Councillors and co-opted Members to observe the Members’ Code of Conduct;

 

   6.3         advising the Council on the adoption or revision of the Members’ Code of Conduct;

 

   6.4         monitoring the operation of the Members’ Code of Conduct;

 

   6.5         advising, training or arranging to train Councillors and co-opted Members on matters relating to the Members’ Code of Conduct;

 

   6.6         to produce an annual report to Council describing how the Committee’s functions have been discharged during the financial year;

 

   6.7         to monitor compliance by leaders of political groups with their duties under s 52A(1) Local Government Act 2000;

  

   6.8         to undertake those functions in relation to Community Councils and members of Community Councils in the area of City and County of Swansea as are required by law;

 

   6.9         to grant dispensations to Members in accordance with the Standards Committees (Grant of Dispensations)(Wales) Regulations 2001 and s 81(5) Local Government Act 2000;

 

  

   6.10      to consider allegations of breaches of the Code of Conduct made against Members in accordance with the Standards Committee Hearing Procedure attached to these terms of reference;

 

   6.11      determining requests for representation in proceedings under the Council’s Indemnity Scheme for Members and Officers;

 

   6.12      to consider any other matters placed before the Committee by the Monitoring Officer;

 

   6.13      to consider all appeals relating to the Unreasonable Customer Behaviour Policy.

 

   7            Additional Role of Standards Committee

  

   The Standards Committee shall maintain an overview of the operation and maintenance of the following;

 

   7.1         The Protocol of Officer/ Councillor Relations.

 

   7.2         The Council’s Whistleblowing Policy and general confidential reporting procedures.

 

   7.3         The Member/Member Dispute Resolution Process.

 

   7.4         The Register of Members Interests.

 

                 The Standards Committee must, in exercising any of its functions, have regard to any relevant guidance issued by the Welsh Ministers.

 

   8            Work Programme

 

   The Committee will prepare a work programme, which will be reviewed and approved at each meeting.

 

   9            Rule of Procedure and Debate

 

   9.1         The Council Procedure Rules will apply to the meetings of the Standards Committee.

 

   9.2         When considering the conduct of individual Councillors, the procedures outlined at section *** will apply.

 



18             West Glamorgan Archives Committee CM18

 

a)               To monitor the work of the Joint Archive Service as a provider of services to the City and County of Swansea and Neath Port Talbot County Borough Council, and its role within each authority.

 

b)               To provide a forum where elected representative of both authorities can meet to discuss matters relating to the Archive Service, and where representatives of owners and users of Archives can become involved in, and make an advisory contribution to its work.

 

c)               To approve the Joint Archive Service annual budget.

 

d)               To meet quarterly to receive the report of the County Archivist on the provision of an archives and records management service to the authorities and to the public, and to approve future developments within the service.

 

e)               To advise and make recommendations regarding the Archive Service publications programme.

 

f)                To be informed on standards and matters relating to archive service provision in Wales and the UK generally, in order to assess the quality of service provision made by the West Glamorgan Archive Service.

 

g)               To take the recommendations of the Joint Archives Committee back to the parent authorities for formal approval by the respective Executives.

 

h)               To meet quarterly, meetings to be held alternately in Swansea and Neath Port Talbot.