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.
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.