Scheme of Delegation and Administration to Headquarters and Area Committees and Sub Committees and Officers 6 September 2007.
A: Introduction
B: Part 1 – Powers Reserved to the Highland Council
C: Part II – Terms of Reference of Headquarters Committees and Joint Committees
1. Joint Committees
1.1 Action in Community Care
1.2 Children, Young People and Families
2. Strategic Committees
2.0 General
2.1 Resources Committee
2.2 Housing and Social Work Committee
2.3 Education Culture and Sport Committee
2.4 Planning Environment and Development Committee
2.5 Transport Environmental and Community Services Committee
2.6 Gaelic Committee
3. Audit and Scrutiny Committee
D: Part III – Functions Referred/Powers and Duties Delegated to Planning Applications and Review Committees and Licensing Committees and to Inverness City Committee from the Council and Headquarters Committees
1. Planning Applications and Review Committees
2. Licensing Committees
3. Inverness City Committee
E: Part IV – Powers Delegated to Officers
Delegation to Officers - General
List of Powers and Duties of the Council which are exercisable by officers:
- Chief Executive’s Office
- Finance Service
- Education, Culture and Sport Service
- Housing and Property Service
- Transport, Environmental and Community Services
- Social Work Service
- Planning and Development Service
Introduction
This Scheme was made by The Highland Council on 6 September 2007 under Section 56 of the Local Government (Scotland) Act 1973. It sets out the terms of reference of business of the Council’s Committees and Sub-Committees, throughout the authority, as well as defining the decisions which Committees and Sub-Committees and Officers can make without any further reference to Committees or to the Council.
The Council will review the Scheme each year, normally in September.
(1) The Scheme provides the framework and guidance for and the powers
given to Committees and Sub-Committees and to Officers.
(2) There are limits to the powers, which can be delegated by the Council.
Certain decisions the Council must by law take itself. For example –
setting the Council Tax or making this Scheme. Others it may choose to
keep to itself. For example – approving the formulation of major policies.
(3) Throughout this Scheme, reference is made to delegated powers and to
full delegated powers. The difference between the two is:-
(i) Where a decision is taken with delegated powers, the Council’s
Standing Orders Relating to the Conduct of Meetings (see
paragraphs 10.3 and 10.4)allow for that decision to be looked at
again, provided a Notice of Amendment is sent to the Depute Chief
Executive within 3 working days of the meeting when the decision
was taken. No action will be taken on the decision until it has been
considered again, at the Planning Environment and Development
Committee (in the case of notices from the Planning Applications
and Review Committees), or at the Council. If the 3 working days
pass without submission of such a Notice, the decision will be
implemented as a final decision of the Council.
(ii) Where a decision is taken with full delegated powers, that is a final
decision which will be implemented after the meeting and cannot be
affected by the Notice of Amendment procedure.
The Depute Chief Executive also has powers to refer for further consideration by the Council any item of business on which a decision has been made but which he may consider as giving rise to or likely to give rise to a contravention of statute or any code of practice, or maladministration leading to injustice. (Notice of Referral - See paragraph 10.6 of Standing Orders)
(4) A Member may bring any matter before the Council by Notice of Motion,
in accordance with the procedure set out in paragraphs 10.1 and 10.2 of
Standing Orders.