Part II - Terms of Reference of Headquarters Committees, etc

Strategic Committees:

Joint Committees:

Other:


HC/NHS Leadership and Performance Group

Introduction
 
The range of functions which require partnership working between NHS Highland and Highland Council includes: community care; health improvement and health equalities; children’s services; and public health.  To achieve good outcomes across this range of functions the Council and NHS Highland will review periodically joint working arrangements.
 
 
Purpose and scope
 
General

  • To provide a forum for leadership and direction and the scrutiny of performance
  • The initial focus for the group will be community care.
  • The formal and public adoption of any joint community care strategy and plans, performance reports and resource allocation will be considered through the appropriate parent committees of both organisations.  (For community care, formal agreement would be through the Council’s Housing and Social Work Committee and/or full Council if required and to the NHS Direct Health Services Management Team and NHS Highland Board). 

Specific

  1. The Group will look ahead jointly at the strategic issues for the region with relevant plans being developed, as well as the current needs of customers and patients. 
  2. The Group will have regard to national priorities and statutory requirements as well as the regional priorities of the Council (through the Corporate Plan) and NHS Highland.  
  3. The Group will monitor the performance of relevant Directors for the delivery of partnership services and their areas of responsibility.  This will be against agreed outcomes and performance measures.  Performance reports will be produced in a format agreed by the Group.
  4. The Group will set standards of acceptable behaviour and conduct for partnership working and demonstrate these behaviours.
  5. The Group will be part of the structure of the Community Planning Partnership for the Highlands with responsibility initially for community care.

Joint Committee on Children, Young People and Families

General

1.1 To enable children and young people to achieve their full potential, by improving services for children, young people and families and promoting their participation in decision making, paying particular attention to children in need and young people who are socially excluded

1.2 To develop, implement and review the Children’s Services Plan and to recommend the Plan and associated Local Outcome Agreement for approval to the Council and its partners.

1.3 To develop, implement and review the Highland Wellbeing Alliance Youth Strategy and to recommend the Strategy for approval to the Wellbeing Alliance partners

Specific

2.1 To have responsibility for the development and review of policy and strategy for those service areas within the Highland Council, NHS Highland and partner agencies that involve collaborative and integrated working.  This will involve the development and co-ordination of policy and strategy, the development of targets and outcome measures, agreement to the devolution of responsibilities and funding to Children’s Services Forums, and the overview of quality assurance and performance management.  These responsibilities relate to all those services detailed within the Joint Children’s Services Plan, except child protection issues, and including -

  • The New Community School Approach
  • Education strategies for co-operation with training providers and business initiatives
  • Youth Participation
  • The Social Inclusion Partnership for Young People
  • Health Promotion for children and families,

2.2 To consult with other agencies and organisations, including the voluntary sector, as appropriate to achieve a co-ordinated approach to the provision of services within the Committee’s remit

2.3 To deal with consultations from Government and statutory bodies and to make representations to Ministers and those bodies regarding the services within the Committee’s remit.

2.4 To approve the allocation of resources within specific revenue budgets as delegated by the relevant Strategic Committees in relation to the following:

  • Changing Children’s Service Fund
  • Early Years Services
  • New Community School Approach
  • Residential Schools
  • Social Inclusion Partnership
  • Voluntary Organisations’ funding
  • Children’s Services Proportion of Health Improvement Fund
  • Other NHS Highland budgets
  • Youth Action Service

2.5 To decide grant applications to outside bodies of Highland wide significance and within the revenue budgets detailed in 3 above.

2.6 To consider staffing structure issues for the services covered by the Committee’s remit at item 2.4, for referral to the Resources Committee and to NHS Highland.

2.7 To review performance against the Local Outcome Agreement for the services within the Committee’s remit as specified in 2.1 above.

Powers and duties delegated to the Joint Committee

For the Highland Council's part, all of the powers and duties of the Council specified in 1.1 to 2.7.

Strategic Committees

General

The following powers/duties shall be exercisable by all the Headquarters Strategic Committees.

  1. To develop and review a Service Plan and associated policies and strategies for the delivery and promotion of the services within the Committee’s remit, and to scrutinise performance in implementation of the Service Plan.
  2. To review the effectiveness of the standard and level of services provided in accordance with the Council's commitment to Best Value and continuous improvement.
  3. To enter into liaison and partnership and consult with other agencies and organisations, including the Voluntary Sector, as appropriate, to achieve a co-ordinated approach to the provision of services.
  4. To approve the Capital Programme and the Revenue Budget for the services included in the Committee’s remit and to monitor and control these budgets including dealing with over-expenditure.
  5. To decide grant applications, of Highland wide significance, to outside bodies/agencies.
  6. To consider issues relevant to the operation of the Council’s Contracts Standing Orders.
  7. To consider significant staffing structure issues for the Service(s) covered by the Committee’s remit for referral to the Resources Committee.
  8. To deal with representations, consultations etc. from Government and statutory bodies and to make representations to Ministers and those bodies regarding services included in the Committee’s remit.
  9. To respond to Green Papers, Parliamentary Bills, Statutory Instruments and pre-legislative consultation by a Scottish Parliamentary Committee, as appropriate.
  10. To act as client in relation to any activities within the Committee’s remit being submitted to competitive tendering with particular regard to the level of service to be provided.
  11. To promote sustainable development in the conduct of Council business and the provision and delivery of services.
  12. To promote equal opportunities in the conduct of Council business and the provision and delivery of services.

Resources Committee

Resources Committee

1. General

1. All matters relating to:

  • the management and arrangement of the financial affairs of the Council
  • Personnel, Health and Safety, Training and Development, Legal Services, Committee Services, Members' and Support Services and Registration Services
  • management of the Council's non-housing property portfolio
  • management of the Information Systems contract for the provision of IS/IT services
  • consideration of corporate policies
  • consideration of projects prior to submission to bidding rounds of the Highlands and Islands Special Transitional Programme
  • co-ordination of the activities of other committees
  • other general business relating to the effective operation of the Council and  not covered by other committees.

2. Specific 

Finance Service

2.1 To monitor the Revenue and Capital Budgets of the Council

To deal with all matters relating to-

2.2  costs of capital projects submitted by Committees and included in the capital  programme approved by the Council.

2.3   the manner in which capital expenditure is defrayed.

2.4   approved treasury management activities (including the scrutiny of policy
and strategy statements, outturn and performance monitoring reports and practices).

2.5   the keeping of accounts for the proper recording and auditing of all transactions.

2.6   the provision of in-house financial management and advice relative to the Council's PPP, Joint Venture and other similar developments/activities.

2.7   banking arrangements and the negotiation of banking terms.

2.8   arranging for insurance cover in respect of the Council's risks and
management of the insurance fund.

2.9   fixing of charges, rebates and allowances not linked to or associated with
the  functions referred to any other Committee.

2.10 determining appeals against assessments and the disposal under any
enactment of all other claims or applications for relief from or repayment
of rates.

2.11 considering all applications for loans, grants, donations and subscriptions not linked to the functions referred to any other committee and which are included in the budget.

2.12 to approve Local Government Pension Scheme discretionary policies in
respect of the Council’s role as an employer within the Pension Fund

2.13 the administration of local taxation, including Council tax and non-domestic rates.

2.14 the administration of council tax benefit and housing benefits including benefits promotion and anti-fraud activities.

2.15 collection and recovery of debts owed to the Council.

3      Chief Executive’s Office

3.1 To consider and recommend policies relating to the provision and effective use of the employee resources of the Council, including equal opportunities in employment, employee training and development, absence management and recruitment policies.

3.2 Overall control of the establishment of Chief Officers (other than Directors) and all employees who come within the scope of the Scottish Joint Council for Local Government Employees and the Scottish Joint Negotiating Committee for Craft Operatives.

3.3 To review and monitor the salaries, wages, allowances and conditions of service of all employees of the Council.

3.4 To consider reports from other Committees or Service Directors proposing any increase, amendment or revision of any existing staff structures and conditions of service.

3.5 To review and monitor the superannuation of employees under the Local Government Superannuation (Scotland) Acts but excluding the management and investment of the superannuation and other funds.

3.6 To introduce, review and monitor policies for improving employee relations,  to ensure the fostering of good industrial relations, including  formulating, amending and varying grievance, disciplinary and disputes procedures and to co-ordinate consultation arrangements through the Joint Consultation Group.

3.7 To introduce, review and monitor policies for the health, safety and welfare of employees of the Council in terms of statute or otherwise.

3.8 To ensure the provision of support to Lieutenancies within the area of the Council

3.9 To oversee the effective administration of, and to ensure appropriate resources for, the Highland Licensing Committee/Board and Licensing Divisions.

3.10 To oversee the management of the functions of the Council as Registration Authority for the purposes of the Registration of Births, Deaths and Marriages Act 1965 and for the licensing of approved places for civil marriages under the Marriage (Approved Places) (Scotland) Regulations 2002.

3.11 To safeguard the interests of peripheral and rural regions by maximising the benefits of European Funding, participating in the full range of European strategies and programmes, and ensuring a high Highland profile in relevant European organisations

3.12 To appoint the Committees/Sub-Committee with the remits detailed below, acting with full delegated powers, to deal with Appeals, Disputes and Early Retirement.**

4   Property

4.1 The management, lease and disposal of land and property of a capital value exceeding £200,000 or £25,000pa: investigating and formulating proposals for joint venture utilising Council property assets.

The acquisition and lease of land and property of a capital value exceeding £100,000 for acquisitions or £15,000pa for leases.

The disposal of land at less than the best consideration than can reasonably be obtained with a market value in excess of £10,000 or where marginal differences between proposed prices and best consideration prices is 25% or less and the marginal difference exceeds £10,000 should be taken on the basis of analysis undertaken in accordance with the requirements of the disposal of land by Local Authorities (Scotland) Regulations 2010.

4.2 To take over at the request of any  Committee the management and maintenance of any land or property while it is not required by that Committee

4.3 To approve terms and conditions negotiated by the Director of Housing and Property for the acquisition, disposal or lease of land and property.

4.4 To monitor the status of building projects appearing in the capital works and maintenance programmes.

4.5 To agree and monitor the project management arrangements for Public Private Partnership schemes relating to building construction or maintenance programmes.

4.6 To agree and monitor the Service’s role as CDM Co-ordinator under the Construction (Design and Management) Regulations 2007 (CDM Regulations).

4.7 To monitor the purchase of fuels and energy and agree such contracts.

4.8 To monitor the inspection, management, allocation and rationalisation of Council owned or leased office accommodation.

4.9 To approve and maintain competed framework arrangements for minor and major works contracts.

4.10 To decide on grants of national significance which relate to the Service's responsibilities.

Powers and Duties Delegated to the Committee

All of the powers and duties detailed in 1.1 to 4.10 above other than those specifically reserved under Part 1 of the Scheme and those fully delegated to the following -

** a) Appeals Committee

1. To conduct formal Appeals Hearings in accordance with procedures laid down by the Scottish Joint Council for Local Government Employees or the Joint Negotiating Committees (Chief Officers and Craft Operators) on  -

1.1 any question as to rights generally under the appropriate scheme;
1.2 any question relating to grading within the discretion of the Authority;
1.3 any question relating to discrimination as defined in the Scheme;
1.4 any question relating to a complaint for which there is a right to refer to an employment tribunal, including dismissal and any question in respect of disciplinary action of a lesser nature than dismissal where a Chief Officer or his/her nominated representative acting in the capacity of Chief Officer has issued the warning and cannot therefore hear an appeal.

2. To conduct hearings relating to grievances within the Authority in accordance with the relevant procedures laid down by the Scottish Joint Council for Local Government Employees, Scottish Joint Negotiating Committee for Local Authority Services (Craft Operatives) and Scottish Joint Negotiating Committee for Chief Officers.

** (b) Disputes Committee (Ad Hoc)

To conduct formal hearings in accordance with procedures laid down by the Council to enable the settlement of differences and disputes between the Council and its employees.

** (c) Early Retirement Sub-Committee

To consider and determine cases for early retirement, severance, redundancy etc. for all employees of the Council in accordance with the relevant Council policies.

**  (d)  Non Domestic Rates Appeal Committee

To consider and determine appeals by ratepayers on non-Valuation
aspects of rates administration”.


** Full delegated powers.

Housing and Social Work Committee

1. General

1.1 To exercise the functions of the Council as the statutory Housing Authority, including determining the Highland Local Housing Strategy, the statutory Social Work Authority and any other Housing and Social Work related matters.

1.2 To receive annual reports on the following companies, including Financial Reports and Accounts – Highland Housing Alliance and Highland Housing and Community Care Trust.

2.   Housing

2.1   To deliver the Council's strategic and enabling functions in relation to housing in all tenures including the identification of need, the direction of investment and the management and disposal of HRA assets.

2.2 To have overall responsibility for the Council's policies on private sector housing and approve expenditure of Private Sector Housing Grant.

2.3 To oversee the operation of the council’s land bank fund in agreement with Communities Scotland.

2.4 To oversee the work of the Building Maintenance DLO.

2.5    To provide or improve housing accommodation, directly or indirectly in association with other agencies.

2.6 To determine and review the Council’s policy for allocating and letting houses,  garage sites and garages held on the Housing Revenue Account and to recommend  rent and other charges to the Council.

2.7   To determine and review housing management policies on issues such as allocations, rents, arrears and other tenancy matters.

2.8     To determine and review the Council’s homelessness strategy.

2.9  To lead for the Council on Gypsy/Traveller matters and to work with other relevant bodies to ensure a co-ordinated approach to issues associated with Gypsy/Travellers.

2.10 To determine and review procedures to allow appropriate action to be taken, in consultation with other Services and agencies, where unauthorised encampments of  Gypsy/Travellers are identified on Council owned and other land.

2.11 To determine and review appropriate policies associated with the sale or lease of land to owner/occupiers arising from the sale of Council Houses.

2.12 To consider all applications for housing development loans and grants

2.13 **To appoint a Homelessness Appeals Committee to consider and determine Appeals against the refusal of homelessness applications.

** With Full delegated Powers

3. Social Work

3.1 To exercise statutory functions for social work services and quality assurance  monitoring of all social work provision.

3.2 To prepare, within the framework of the Northern Community Justice Authority the strategic plan relating to Highland’s provision of social work services in the  Criminal Justice System; grant application to the Scottish Executive; monitoring of service provision; development of the voluntary and private sector provision; budgetary setting and control.

3.3   To develop implement and review with NHS Highland the Joint Community Care Plan.

3.4   To develop implement and review the Children’s Services Plan

3.5   Maintenance and monitoring of child protection services; maintenance and control of residential and day care provision for children; recruitment of and support to foster parents and community carers, adoption, and guardianship of children; and registration and inspection of childminders.

3.6 To determine and review the Council’s Supporting People Strategy, administer the Supporting People Grant to ensure that resources are targeted at priorities in line with Scottish Executive Guidance, the Council’s Strategy and delivery of best value.

3.7 To appoint Mental Health Officers in terms of S32 of the Mental Health (Care and Treatment) (Scotland) Act 2003.

Powers and Duties Delegated to the Committee

All the powers and duties listed in 1.1 to 3.7 above other than those specifically reserved under Part I of this Scheme, and those fully delegated referred to in 2.13 above.

Education, Culture and Sport Committee

General

1.1 All of the functions of the Council as the Statutory Education Authority.

1.2 All of the functions of the Council in delivering services relating to Arts, Culture, Sport and Recreation.

1.3 To receive annual reports on the following companies, including Financial Reports and Accounts – Averon Leisure Management Ltd, Blas Board, Caledonia Community Leisure Ltd, Eden Court Highlands, High Life Highland, Highland Football Academy Trust and Strathpeffer Pavilion Ltd.

2. Education

2.1 To develop and review policies, strategies and schemes for the delivery of -

(i) Provision of early years, primary, secondary, additional support needs and
    Gaelic education.
(ii) Scheme of educational provision.
(iii) Matters relating to Parent Councils and Devolved School Management.
(iv) Management of Specialist Services, Educational Endowments, Trusts and
     Grants, not delegated to Area Education Culture and Sport Managers.
(v) to prepare policies and provide support for curriculum and staff
     development
(vi)to provide the range of the curricular choice to monitor the quality of
     teaching and learning taking account of internal quality assurance processes
     and external evaluation by HMIe and other regulatory bodies.
(vii)to secure continuous improvement in the quality of education in schools,
     to publish improvement objectives and report on them annually.

2.2   To develop policies for services to children and families, including child protection in conjunction with the Housing and Social Work Committee and the Children’s and Young People Joint Committee.

2.3 To agree and review a strategy for liaison with teaching staff organisations and specifically the Local Negotiating Committee for Teachers (LNCT).

2.4 To develop and review a strategy for the provision of school transport to reflect local needs.

2.5 To make recommendations to the Council on the outcomes of statutory consultations on school provision

2.6 To appoint the undernoted Committees with the terms of delegation shown.

**(a) Appointments Committee

To appoint teachers to the post of Headteacher and Depute Headteacher in both primary and secondary schools in accordance with the Scottish Schools (Parental Involvement) Act 2006 and the Council’s agreed procedures;

**(b)  Appeals Committees (Placing Request/Exclusions)

To consider and determine Appeals against the refusal of placing requests, including those in relation to children with special needs, and the exclusion of pupils from school;

**(c) Education Transport Entitlement Review Committee

To consider and determine appeals where the initial Officer decision is challenged by an applicant

3. Lifelong Learning

3.1 To develop and review policies, strategies and schemes for the delivery of   community services and lifelong learning.

3.2 To develop and review strategies for co-operation with training providers, work experience, education courses, business partnerships and young enterprise through local involvement of business and commerce.

4.  Arts and Culture

4.1 To assess the need for and carry out all functions of the Council in delivering services for arts, libraries, archives, museums, heritage, events and Gaelic development.

5.  Sport and Recreation

5.1 To assess the need for and carry out the functions of the Council in delivering services for sports, leisure facilities, swimming pools, recreation, events and playing fields.

5.2 To co-ordinate the Council’s dealings with the Lottery distribution bodies and to maximise potential benefits.

6. Gaelic

To promote policies that support Gaelic developments in education, culture and heritage in Highland schools and communities.

Powers and Duties Delegated to the Committee

All the powers and duties set out in 1.1 to 6 above other than those specifically reserved under Part I of the scheme, and those fully delegated to the Committees referred to in 2.6 above.

Planning, Environment and Development Committee

1. General

a. To oversee the functions of the Council as the Planning Authority.
b. To oversee the functions of the Council as the Buildings Authority under the requirements of the Building (Scotland) Act 2003

2. To prepare and thereafter annually update a Development Plan Scheme setting out the Authority's programme for preparing and reviewing development plans

3. To carry out research and maintain information on demographic, social and economic trends affecting the spatial planning of the Highlands.

4. To prepare and maintain strategic land use, transportation and environmental policies for Highland in accordance with the terms of the Town & Country Planning (Scotland) Act 1997 (As Amended) and which may include the establishment of short life Sub Committees/Working Groups to take forward a local development plan for a specific geographic area.

5. To prepare and approve such Action Programmes, Supplementary Planning Guidance and Annual Monitoring reports as are required to maintain effective coverage/implementation/delivery of Local Development Plans across Highland in accordance with the terms of the Town & Country Planning (Scotland) Act 1997 (As Amended)

6. To promote the Highland’s identity and image to live, work and visit with the business community, institutions, media and Government agencies

7. To facilitate opportunities for inward investment, regeneration and economic development of the Highlands

8. To co-ordinate the work of Council Services and work in partnership with public and private sector partners to develop the tourism industry across the Highlands

9. To promote the Highlands as a destination for tourism and as a location for film and media work

10. To respond on behalf of the Council in relation to consultations from the Scottish Government and other organisations in relation to legislation, policies and programmes that might affect town and country planning, building standards, environmental issues, economic development and tourism across the Highlands

11. To deliver the Council’s duties and responsibilities, where such duties and responsibilities are not delegated to Officers (or where Officers have declined to exercise their delegated powers) or to Planning Applications Committees, under the Countryside Act 1967, the Land Reform (Scotland) Act 2003 (in terms of access) and the Nature Conservation Act 2004

12. To draw up, review, amend and adopt plans for a system of core paths sufficient for the purpose of giving the public reasonable access throughout their area, in accordance with the Land Reform (Scotland) Act 2003.

13. To agree arrangements for Business Improvement Districts under the Town and Country Planning (Scotland) Act 1997 (as amended).

14. To agree arrangements for any Urban Regeneration Company

15. To carry out environmental works in accordance with the Council's approved capital and revenue programmes.

16. To fulfil the functions of the Council under the terms of the Ancient Monuments and Archaeological Areas Act 1979 (as amended) and the Planning (Listed Buildings and Conservation Areas)(Scotland) Act 1997 (as amended) where such functions are not delegated to Officers (or where Officers have declined to exercise their delegated powers) or to Planning Applications Committees.

17. To take action as appropriate under the powers of the Town & Country Planning (Scotland) Act 1997 in relation to –

• Orders and Notices    (Part  4)
• Purchase of Interests    (Part 5)
• Roads, Footpaths and Rights of Way (Part 9)
• Validity    (Part 11)
• Financial Provisions   (Part 13)
• Rights of Entry    (Sections 269 + 270)

18. To determine all applications referred to the Committee (with the exception of applications relating to ‘major developments’ (as designated by s26A(1)(b)and 2 of the Town and Country Planning (Scotland) Act 1997 (as amended) which are considered to be significantly contrary to the development plan, rather than to a Planning Applications Committee where the Director, following consultation with the Planning, Environment and Development Chair and the relevant Chairs of the Planning Applications Committees, is of the opinion that an application raises strategic and/or cross boundary issues

19. To determine applications referred to the Committee under the Council's Notice of Amendment procedures in respect of applications first considered at a Planning Applications Committee.

20. To serve notices and to acquire land by agreement or compulsory purchase with the consent of Scottish Ministers pursuant to the delivery of the Council’s duties and responsibilities under Part 1 of the Land Reform (Scotland) Act 2003.

21. To appoint persons to Local Access Fora in pursuance of its duties and responsibilities under Part 1 of the Land Reform (Scotland) Act 2003.

22. To exempt land from access rights in pursuance of its duties and responsibilities under Part 1 of the Land Reform (Scotland) Act 2003.

23. To enter into path agreements in pursuance of its duties and responsibilities under Part 1 of the Land Reform (Scotland) Act 2003.

24. To respond to consultations from Scottish Ministers on energy developments under the Electricity Act 1989 (including those relating to s36 and s37 applications) referred to the Committee under the Council’s Notice of Amendment (Planning) procedures in respect of applications first considered at a Planning Applications Committee.

25. To receive annual reports on the following companies, including Financial Reports and Accounts – Beinn Tharsuinn Wind Farm Comm, Caithness Horizons, Highland Birchwoods, Highland Buildings Preservation Trust, Highland Fresh Mussels Ltd, Highland Opportunity Ltd, Highland Opportunity (Communities) Ltd, Highland Opportunity (EBS) Ltd, Highland Opportunity (Investments) Ltd, Inverness Airport Business Park Ltd, Ness Horizons and Scotland’s Housing Expo (Highland Housing Fair) Ltd.

Powers and Duties Delegated to the Committee

All the powers and duties specified in 1 to 25 above other than those specifically reserved under Part I of this scheme

Transport, Environmental and Community Services Committee

1. General

1.1 To carry out the functions of the Council as the statutory authority in relation to:

  • Roads
  • Flood Prevention
  • Harbours
  • Coast Protection
  • Environmental Protection
  • Waste Collection and Disposal
  • Burials
  • Food Safety
  • Health and Safety Enforcement
  • Weights and Measures
  • Consumer Safety

1.2 All of the functions of the Council in delivering services relating to:

  • Traffic Management / Transportation
  • Administration of the list of Reservoirs
  • Ferries
  • Airstrips
  • Environmental Health, Animal Health and Contaminated Land
  • Trading Standards, Consumer Protection and Consumer Advice
  • Community Works
  • Emergency Planning
  • Oil Pollution

2. Specifics

2.1 Roads

2.1.1 To set policy for the management and maintenance of roads and bridges.

2.1.2 To approve the layout of road improvement schemes requiring statutory consents.

2.1.3 The deletion of roads from the list of public roads and the adoption of roads which are not constructed under the Road Construction Consent procedure onto the list of public roads.

2.1.4 To approve the level of charges for road construction consents, permissions to occupy and to work in the road.

2.1.5 To recommend Compulsory Purchase Orders to the Council.

2.2. Traffic Management / Transportation

2.2.1 To develop and approve the local transport strategy.

2.2.2 To promote Road Traffic Orders where there are statutory objections.

2.2.3 To approve the scale of charges for car parking.

2.2.4 To approve the scheme for concessionary fares.

2.3 Flood Alleviation

2.3.1 To set policy for the inspection and maintenance of watercourses.

2.3.2 To promote Flood Prevention Orders.

2.3.3 To approve the Council’s statutory Biennial Flood Report.

2.4 Coast Protection

2.4.1 To set policy for the maintenance of existing and implementation of new coast protection schemes.

2.5 Administration of the List of Reservoirs

2.5.1 To oversee the Council’s role as enforcement authority under the Reservoirs Act.

2.5.2 To approve the Council’s annual report under the Reservoirs Act.

2.6 Ferries, Harbours, Piers and Slipways

2.6.1 To set policy for the management and maintenance of ferries, harbours, piers and slipways.

2.6.2 To promote Harbour Orders

2.6.3 To approve the scale of charges for ferries, harbours, piers and slipways in the Council’s control.

2.7 Airstrips

2.7.1 To set policy for the management and maintenance of airstrips.

2.7.2 To approve the scale of charges for airstrips.

2.8 Waste Management

2.8.1 To promote and approve strategies for waste minimisation, storage,collection, treatment and disposal.

2.8.2 To approve the scale of charges for the collection and disposal for certain wastes.

2.9 Environmental Health

2.9.1 To promote and approve policies in relation to:

  • Public Health
  • Health and Safety at Work
  • Pollution Control
  • Private Water Supplies
  • Animal Health and Welfare
  • Contaminated Land
  • Enforcement of Civic Government Licensing
  • Miscellaneous Licensing administration and enforcement
  • Food Safety

2.9.2 To approve the Food Safety Plan.

2.9.3 To approve the fees and charges for miscellaneous licensing, food safety and private water supplies.

2.10 Consumer Protection

2.10.1 To promote and approve policies in relation to consumer protection, including:

  • Trading Standards
  • Consumer advice
  • Business Advice
  • Petroleum, explosives and poisons licensing and registration
  • Enforcement of Civic Government Licensing

2.10.2  To approve the fees and charges for testing and stamping weights and measures equipment, miscellaneous weights and measures charges and licensing and registration under the relevant statutory provisions of the Health and Safety at Work Act 1974 relating to the storage of petroleum and explosives, Poisons Act 1982 and Fireworks Regulations 2004

2.11 Community Works

2.11.1  To approve the policy, and standards to be achieved, for the range of activities delivered through Community Works, including street cleaning,grounds maintenance and public conveniences.

2.12 Burials

2.12.1  To approve the scale of charges for burials and cremations.

2.12.2  To approve extension of burial grounds/new burial grounds

2.13    Community Support

2.13.1  To scrutinise and approve the distribution of funds to external parties to assist in community based projects.

2.13.2 To scrutinise and approve the distribution of funds in relation to improving unadopted roads, where there is need to address social inclusion.

2.14    Civic Government Licensing

2.14.1 To carry out consultations and make resolutions on behalf of the Council in terms of the Civic Government (Scotland) Act 1982.

2.14.2 To formulate and approve policy and impose and amend licence conditions

2.14.3 To set fees and charges

2.14.4 To approve or otherwise on behalf of the Council proposals in relation to contracts for service in relation to the Council’s obligations in terms of the Civic Government (Scotland) Act 1982

Powers and Duties Delegated to the Committee

All the powers and duties listed in 1.1 to 2.14.4 above other than those specifically reserved under Part I of this scheme.
 

Gaelic Committee

1.  General

To determine policies which promote and support the indigenous Gaelic language heritage and culture of the Highlands and to recommend the terms of a Gaelic Language Plan to the Council.

2. Specific

2.1 To work with Gaelic development agencies in promoting, developing and sustaining the Gaelic language, heritage and culture in the Highlands.

2.2 To prepare, promote and implement the Council's Gaelic Language Plan.

2.3 To liaise with the Gaelic Board on the strategic development of the language.

2.4 To work with the Scottish Government and the Parliament in relation to legislation relating to the Gaelic language.

2.5 To monitor the implications of legislation in respect of the Gaelic language and advise the Council of its impact across the Highland.

2.6 To work with the Gaelic Broadcasting Committee and the Gaelic Media Service in developing Gaelic Broadcasting within the provisions of the Communications Bill.

2.7 To oversee the links between the Council and the Provincial Government of Nova Scotia as set out in the Memorandum of Understanding.

Powers and duties delegated to the Committee

All of the powers and duties of the Council specified in 1.1 to 2.7 above, other than those specifically reserved under Part 1 of this Scheme.

Pensions Committee

1.  General

To exercise on behalf of the Council all the powers and duties of the Council in relation to its functions as Administering Authority of The Highland Council Pension Fund (the Fund) except where they have been specifically delegated by the Council to another Committee or to an officer(s). 

2. Specific

2.1 To ensure that the Fund complies with best practice.

2.2 To ensure that the Fund complies with the relevant Local Government Pension Scheme Regulations and all other legislation governing the administration of the Fund.

2.3 To review the Annual Report and Accounts of the Fund

2.4 To review the results of the Triennial Actuarial Valuation of the Fund

2.5 To set the Funds’ objectives and ensure appropriate strategies, policies and procedures are put in place and kept up to date with a view to achieving these objectives including:

a) To set the Investments Strategy (including strategic asset allocation) and
    associated policies for the Pension Fund and Inverness Common Good Fund,
    and oversee the Investment Sub-Committee in the implementation of
    Investment Strategy and policies
b) To set the Funding Strategy and associated policies, and to set the policy
    on funding matters for employers joining and leaving the Fund
c) To ensure consistency between the Fund’s Investment Strategy and
    Funding Strategy and the implementation of those strategies.
d) To set the Administration Strategy ensuring appropriate arrangements for
    the administration of benefits are in place and demonstrate the operational
    efficiency of the administration of benefits through the use of key
    performance indicators
e) To set the strategy for communicating with Scheme employers and
    employees in the Fund.
f) To agree the Fund’s Governance Policy.

2.6 To ensure the delivery of the Funding Strategy ensuring the ongoing monitoring and management of the liabilities as appropriate.

2.7 To review, as appropriate, the Governance Structure of the Pension Scheme to set out the responsibilities of Elected Members, officers, investment managers, advisors, custodians and the actuary to the Scheme, including delegated powers and make recommendations to the Council for changes where necessary.

2.8 To ensure appropriate Additional Voluntary Contribution (AVC) arrangements are in place and review investment performance on such contributions.

2.9 To set and monitor progress against annual business plans for the Fund.

2.10 To develop and maintain a trustee training policy.

2.11 To develop and maintain a risk management strategy.

2.12 To exercise Pension Fund discretions on behalf of the Administering Authority

2.13 To appoint, dismiss and assess the performance of advisors to the Fund including investment advisers and actuaries

2.14 To agree where appropriate the Administering Authority responses to consultations by Central Government, professional and other bodies in relation to key consultations

2.15 The approval of Admitted Bodies.

2.16 To monitor and oversee the work of the Investment Sub-Committee and carry out any of that Sub-Committee’s responsibilities if appropriate

Powers and Duties Delegated to the Committee

All of the powers and duties detailed in 1 to 2.16 above other than those specifically reserved under Part 1 of the Scheme and those fully delegated to the following -

** a) Investment Sub-Committee

1. To exercise the delegated powers and duties of the Pension Committee in relation to the management and investment of the Fund’s assets. This will include the following specific functions:

1.1 To ensure that the management and investment of assets complies with best practice;

1.2 To ensure that the Fund complies with the relevant Local Government Pension Scheme Regulations and all other legislation governing the administration of the Fund as they relate to the management and investment of the Fund’s assets;

1.3 To ensure the delivery of the Funds’ investment objectives, strategies and policies and that they are kept up to date;

1.4 To appoint, dismiss and assess the performance of investment managers, custodians and other advisers involved with the management and investment of assets and/or funding of liabilities; and

1.5 To undertake any task delegated to it by the Pensions Committee.

2. Also to exercise on behalf of the Council all the powers and duties of the Council in relation to the management and investment of the Inverness Common Good Fund, except where they have been specifically delegated by the Council to another Committee or to an officer(s).  This will include the following specific functions:

2.1 To ensure that the management and investment of assets complies with best practice.

2.2 To ensure that the investment of the Fund complies with the relevant legislation.

2.3 To ensure the delivery of the Funds’ investment objectives, strategies and policies, ensuring procedures are put in place and kept up to date

2.4 To appoint, dismiss and assess the performance of investment managers, custodians and other advisers involved with the management and investment of assets.


** Full delegated powers.

Audit and Scrutiny Committee

General

1.1 To advise the Council on matters relating to the programme of internal and external audit work and findings and recommendations arising from audit reports.

1.2 To perform a scrutiny role through the provision of a workplan for the Council’s approval and to deal with matters referred by the Council for scrutiny purposes.

1.3 To advise the Council on matters arising from complaints to the Ombudsman and other complaints systems relevant to Council services.

1.4 To advise the Council on the implementation of, and matters arising from the Code of Conduct of Councillors and matters arising from the Ethical Standards in Public Life Etc. (Scotland) Act 2000 and other relevant legislation.

1.5 To scrutinise actions agreed by Strategic Committees in response to the findings and recommendations arising from national reports by scrutiny bodies.

Specific

2.1 To consider the annual Audit Plan and programme of internal audit work, including any revisions to the Audit Plan during the year.

2.2 To consider (for the Committee’s interests) the outcomes and actions plans arising from internal audit reports.

2.3 To consider the annual Audit Planning Memorandum produced by the External Auditor in respect of The Highland Council.

2.4 To consider (for its interests) the management and audit reports produced by the External Auditor.

2.5 To consider (for its interests) the implications, outcomes and action plans, for the Highland Council of reports produced by Audit Scotland and other inspection and scrutiny bodies.

2.6 To consider and advise the Council on the review of Financial Regulations and Contract Standing Orders.

2.7 To identify any special investigations required in relation to matters of particular concern relating to internal controls and value for money.

2.8 To oversee the Council’s risk management policies and strategies and receive reports annually from the Depute Chief Executive and Director of Finance on Risk Management Plans for all Services, including an update on Corporate and Cross Cutting Risks on a six monthly basis.

2.9 To prepare and undertake a scrutiny workplan, for the Council’s approval, in relation to monitoring the performance of the Council, and funded third party organisations, against service delivery and to make recommendations to the Council on proposed action

2.10 To deal with matters referred to the Committee by the Council for scrutiny purposes.

2.11 To receive an annual update on the Council’s Code of Corporate Governance.

2.12 To advise the Council on matters arising from the annual report on Ombudsman’s complaints.

2.13 To advise the Council on matters arising from any formal investigations carried out by the Ombudsman or from any other complaints system relevant to Council services.

2.14 To review periodically the Council’s non statutory complaints systems.

2.15 To advise the Council on the implementation and observance of the Code of Conduct for Councillors.

2.16 To advise the Council on matters arising from the Ethical Standards in Public Life Etc. (Scotland) Act 2000 and other relevant legislation.

Powers and Duties Delegated to the Committee   

All of the powers and duties detailed in 1.1 to 2.16 above other than those specifically reserved under Part 1 of the Scheme.