| COUNCIL TERMS OF REFERENCE
Approved by Council: 14th May 2024 Planned Review Date: May 2025 |
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| 20 Members of the Authority | Quorum = 7 |
| Annual Town Council meeting is held in May, and then Council will meet approximately every second month in
accordance with the Annual calendar of meetings. |
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| The Town Council has full authority for all functions, duties and responsibility, but may delegate certain decisions to a committee, sub-committee or to an officer. It cannot legally delegate such decisions to an individual councillor. Certain decisions are reserved to Council either by legislation or
the choice of the Council. |
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| Function of Council Column 1 | Delegation of Functions Column 2 |
| General Governance
1 Adoption and amendment of any strategies and policies. |
None generally, but to receive advice from Finance and Governance Committee as appropriate. · Personnel policies and Pensions Discretion policies delegated to Personnel Sub-Committee |
| 2 Comments on Cheshire East Council’s Strategic Plans or strategies | Planning & Environment Committee has delegated authority for response to consultations (see terms of reference for that Committee and 64 below)
Planning & Environment Committee can refer consultations to Council for ratification of further consideration |
| 3 Comments on the strategic plans or strategies of other public sector bodies | To individual committees if within their terms of reference |
| 4 Liaising with the Police and other outside bodies on matters pertaining to the Town. | In the first instance to Ward Councillors and/or Town Clerk.
To individual committees as set out in their delegation, otherwise reserved for Council |
| 5 Approval of any Neighbourhood Plan for Article 14 consultation or Article 15 submission to Cheshire East Council. | None, but drafts delegated to Town Planning and Environment Committee |
| 6 Adopting and changing the Constitution, Standing Orders, Standing Orders for Contracts or Financial Regulations | None |
| 7 Approving of annual budget, Precept, and Medium-Term Financial Plan | None |
| 8 Any delegated decision which may mean a breach of Council Policy or Budget outside virement rules
9 Election of the Mayor, appointment of Deputy Mayor, Election of Leader of Council.
10 Appointment of Chairs and Deputy Chairs of committees, established by Council.
11 Agreeing and/or amending the Terms of Reference for Committees, deciding on their composition and making appointments to them.
12 Appointment of Members or Officers to outside bodies
13 Adopting an allowance scheme for Mayor or other members.
14 Changing the name of the Town Council.
15 Deciding on honorary titles or awards
16 Making, amending, revoking, re-enacting or adopting Bylaws.
17 To represent the view of the local community on matters of significance.
18 Power to make payments or provide other benefits in cases of fault or maladministration
19 Appeals against any decision made on behalf of the Authority
20 Data Protection, Access to Information, Freedom of Information and Human Rights.
21 To monitor and control the Council’s Ethical Framework |
None
None
Council, or may delegate to individual committees
None
None None None None None
None generally, but may be delegated to individual committees, through their terms of reference.
Appeals Committee up to the value of £500 Town Clerk up to £200 Appeals Committee Policy and Publication Scheme reserved to Council Strategic overview to Finance and Governance Committee
Strategic overview and monitoring to Finance and Governance Committee. Proper Officer to obtain declarations, give up-to-date reminder annually and to act as necessary for Monitoring Officer. Mayor may obtain declarations in the absence of the Proper Officer. Granting of a Dispensation is reserved |
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22. To institute or defend legal proceedings including proceedings for an injunction, to authorise the carrying out of works in default of a notice, and to lodge an appeal against any Court decision.
23. 1. All powers of the Council (except those reserved to Council by legislation) in the case of a civil emergency (including health related emergency), limited to £10,000 expenditure in accordance with Financial Regulations.
2. All powers of the Council (except those reserved to Council by legislation) in the case of utmost urgency, limited to £10,000 expenditure in accordance with Financial Regulations.
3. In cases where a civil emergency is over an extended period and which hinders the holding of normal meetings, non-urgent decisions will be taken in consultation with all members of committee or Council.
24 Election issues and filling of vacancies
25 Power to direct as to the Custody of Town documents
26 All duties of the Proper Officer under legislation, Standing Orders, Financial Regulations or Standing Orders for Contracts including issue of notifications and signing documents
27 All duties of the Responsible Financial Officer under legislation, Standing Orders, Financial Regulations or Standing Orders for Contracts including issue of notifications and signing documents
28 Nomination for attendance at conferences
29 To do anything calculated to facilitate or conducive or |
to Council and only delegated to the Proper Officer where a decision is required in advance of a committee meeting when no Council meeting is to take place
None generally In cases of urgency, the Town Clerk in consultation with two of: Leader, Deputy Leader, Mayor, Deputy Mayor.
The Town Clerk in consultation with two of: Leader, Deputy Leader, Mayor, Deputy Mayor or committee chairman subject to reporting to next Council.
The Town Clerk in consultation with two of: Leader, Deputy Leader, Mayor, Deputy Mayor or committee chairman subject to reporting justification to next Council.
The Town Clerk in consultation with all members of Council or of the relevant committee subject to ratification at the next Council meeting.
None to Committee. Proper Officer to undertake all statutory notifications and actions to advise members as necessary.
None Town Clerk
Town Clerk or other officer designated by resolution of Council
None Town Clerk for Member training in accordance with policy.
Council unless specifically delegated. |
| incidental to the discharge of any function
30 Adoption of General Power of Competence |
None |
| Personnel Issues
31 To direct which post holders will be designated Proper Officer to the Council, Responsible Financial Officer and Data Protection Officer.
32 To determine the overall Staffing structure and approval of additional posts
33 Confirming the appointment of the Town Clerk
34 Other Personnel matters
35 Health and Safety Policy – General Statement and Organisation |
None but may be on recommendation of Personnel Sub-Committee
None but may be on recommendation of Personnel Sub-Committee
None but appointment, set out in Terms of Reference for Personnel Sub-Committee
As set out in Terms of Reference for Personnel Sub-Committee
None. Arrangements to Personnel Sub-Committee |
| Quality and Integrated Management
36 Matters relating to Quality systems and Local Council Award accreditation
37 Administration of the Complaints Procedure |
Finance and Governance Committee recommend and make decisions on process. Resolutions regarding Local Council Awards reserved to Council.
As set out in Complaints Procedure. |
| Finance and Audit
38 Authorisation of Payment of accounts
39 Approval of Annual Return, Statement of Accounts and Governance Statement
40 Approval of Banking Arrangements and choosing insurance providers.
41 Approval of Orders for work, goods or services and acceptance of tenders
42 Audit arrangements
Appointment of internal auditor and determining method of external auditor appointment.
Consideration of internal and external audit reports and response recommended by Committee or Sub- Committee.
43 Power to accept gifts, Local Government Act 1972, S139
44 Power to participate in schemes of collective investment, Trustees Investments Act 1962 s11.
45 Power to borrow, Local Government Act 1972 S111 and Sch. 13
46 Writing off bad debts
47 Proceedings or other steps to recover debt owing to the Council
48 Annual review of Fees and Chargers
49 Approval of virements between committee budgets |
Council/Finance and Governance Committee/Town Clerk/RFO in accordance with Financial Regulations
None
None but on advice of Finance and Governance Committee
In accordance with Finance and Governance Committee TOR
In accordance with TOR of Finance and Governance Committee
None
None
None None
None
None
RFO for routine action Finance and Governance Committee to consider reports on aged debt and action.
Finance & Governance Committee None |
| Powers of all Committees |
| 50 | To undertake all functions delegated to them by Council. They may choose, because of uncertainty as to whether a function is delegated, or because of the sensitivity, controversy or seriousness of a matter, decide not to use the delegated power | Committee
Town Clerk as set out in delegation |
| 51 | To make spending and income recommendations to Finance and Governance Committee and to Council during the Budget process | Committee |
| 52 | To arrange extra meetings or alter time/date of meetings | Committee or Town Clerk in consultation with Chair and/or Deputy Chair |
| 53 | To monitor actions on minutes of the Committee. | Committee |
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54 |
To manage services for which they are responsible within an approved budget and policy. |
Committee as delegated Town Clerk as delegated |
| 55 | To authorise spending/ issue works orders within budgets delegated to a committee | Committee/Town Clerk in accordance with Finance Regulations and Standing Orders for Contracts
For capital projects, an application is made to Council to access a rolling Capital Fund. |
| 56 | To appoint sub-committees or working groups on a task and finish basis, in accordance with Standing Orders, and appointment of their Chair and Vice Chair | Committee |
| Land
57 Power to acquire by agreement, to appropriate, to dispose of, Local Government Act 1972 s124, 126,127. |
None |
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| 58 Power to accept gifts of land, Local Government Act 1972 s139. | None | |
| 59 Power to acquire land for open spaces, Public Health Act 1875, S164; Open Spaces Act 1906, S9 and10 | None | |
| 60 To decide arrangements for the closure of the Council offices in the Christmas/New Year period in consultation with Mayor and Leader | Town Clerk | |
| Delegated Services
61 To take on services from other local authorities or public |
Detailed Negotaions prior to consideration – Finance & Governance Committee Final Consideration and acceptance – None |
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62 |
bodies (LGA 1972, Sec 101, 111 and 112 or Localism Act
2011)
To undertake services for another local authority or public body |
None |
| Planning and Development Control
63 To make observations on major or controversial planning applications referred to it by Planning Committee. |
None. |
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| 64 To make observations on Planning consultation documents from the Principal Council or other bodies. | None for Local Plan or HS2 Project, but to receive recommendations from Planning Committee. | |
| 65 All other Planning and Building Control matters. | Planning Committee | |
| Housing
66 Policy.
67 All other housing matters. |
None
Planning Committee |
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| Emergency Planning | ||
| 68 To prepare an Emergency Plan for the Town which | Approval by Council | |
| supports that of Cheshire East Council and the Cheshire | Overview by | |
| Resilience Forum | Public Services Committee [See also | |
| Emergency powers, 23. above.] | ||
- Any actions delegated to the Town Clerk/Proper Officer may in thier absence be undertaken by the nominated deputy or deputies, if the matter cannot wait until the Town Clerk’s return.
| FINANCE AND GOVERNANCE COMMITTEE TERMS OF REFERENCE
Approved by Council: 14th May 2024 Review Date: May 2025 |
| 11 Members of the Authority Quorum = 4
To include Leader, Deputy Leader and Chairs of 4 standing committees Chair: Leader of Council |
| To take a strategic overview of Council operations and ensure that strategy is coordinated across all committees in line with the strategic agenda set by members.
To oversee the general operations of the Council in areas such as Finance, policy review, budget management, audit, risk management, asset oversight, Mayoralty, civic events, acts of remembrance and corporate communications. |
| Meetings: Alternate months and prior to Council.
All non-committee members may attend meetings of the Committee except for confidential items and speak on ward issues at the Chair’s discretion, but are unable to vote. |
| Function of Committee Column 1 | Delegation of Functions Column 2 |
| Governance
1 To advise Council on Financial Regulations, Standing Orders and Standing Orders for Contracts.
2 To advise Council on the Constitution and all policy documents not specifically allocated to other standing committees
3 To ensure that there is a rolling programme of policy and governance reviews in accordance with agreed “review” dates,
4 Observations on policy or strategy documents by any public body at local, national, regional or sub regional level (other than those associated with planning, which are considered by the Planning & Environment Committee with advice to council where required). |
Committee
Committee
Town Clerk
Committee, except from Cheshire East Council which are reserved for Council, unless specifically delegated within the Terms of Reference of another committee. |
| Resources
5 To oversee and direct the use of financial and technological resources of the Council. |
Committee for strategic overview. Operational Management to Responsible Financial Officer (RFO) and other Officers in accordance with Financial Regulations. Strategic advice by Town Clerk |
| Finance
Under the direction of the Council:
6 To be responsible for the overall management and control of the finances of the Council and banking arrangements.
7 To monitor the Council’s capital and revenue budgets.
8 Approval of variation, overspend, and virement in accordance with Financial regulations
9 To authorise payments in accordance with Financial Regulations
10 Approval of Orders for work, goods or services acceptance of tenders
11 To make recommendations to the Council on Budget and Precept requirements.
12 To advise on the financial implications of proposed new policies or services including potential costs and sources of revenue.
13 To advise Council on borrowing policy, investment and treasury management
14 To regularly monitor the performance of all funds invested.
15 To supervise the Council’s insurance arrangements.
16 To supervise the Council’s banking arrangements. |
Council to approve banking arrangements Committee for strategic review RFO/Town Clerk in accordance with Financial Regulations and for operational management
Committee/RFO in accordance with Financial Regulations.
Committee, Town Clerk and RFO as set out in Financial Regulations
Committee, Town Clerk and RFO as set out in Financial Regulations
Council/Committee/Proper Officer/Town Clerk in accordance with Financial Regulations and Standing Orders for Contracts. Town Clerk to approve or vary lists of approved contractors subject to Financial Regulations or Standing orders
Committee RFO/Town Clerk to prepare draft Budget and Budget Report with accountancy support as necessary.
Committee
Committee
Committee, Town Clerk/RFO
Town Clerk/RFO for renewal and operational matters. Committee for overview, tendering and changes of cover.
RFO/Town Clerk Authorised signatories to authorise mandate and payments in accordance with Financial Regulations |
| 17 To be responsible for all matters related to the full range of financial and accountancy functions.
18 Approval of all fees and charges annually
19 To consider reports on outstanding debts due to the Council and to undertake recovery or write off.
20 Authorisation of investments and debt repayment in accordance with the Council’s Policy
21 To authorise all leasing arrangements for the acquisition of vehicles, plant and equipment within approved budgets |
Committee for Strategic overview
RFO/Town Clerk for operational management
Committee to recommend with ratification from full Council.
Committee for aged debt in accordance with Financial regulations. RFO for routine actions to recover Committee
Committee/Town Clerk in accordance with Financial Regulations |
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| Procurement
22 To co-ordinate and oversee the Council’s Corporate Procurement and advise it on policy. |
Committee for strategic overview Town Clerk for operational management in accordance with Financial Regulations, Standing orders for Contracts and Procurement Policy |
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| Information Technology Services
23 To oversee the use of information and other technology in support of the Council’s business and service commitments.
24 Amendments and updates to layout of website
25 To approve all security arrangements of the Council in respect of computers and financial issues. |
Operational Management to Town Clerk Strategic Overview to Committee and Contracts within approved budget.
Town Clerk for updates and layout. Committee for new websites and contracts within budget.
Committee/Town Clerk/RFO in accordance with Financial Regulations |
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| Public Relations and promotion of the Town Council
26 To co-ordinate and promote access to Council services and public information and to advise Council on a Communications and Marketing Policy
27 To promote the public face of the Council through the management of public and media relations.
28 To promote implementation of the Council’s policies in respect of corporate marketing and communication.
29 To advise Council on adoption of a Publicity Code, Transparency Code and Protocol on communication |
Strategic overview to Committee Operational management to Town Clerk
Strategic overview to Committee Operational management to Town Clerk
Strategic overview to Committee Operational management to Town Clerk
Strategic overview to Committee Operational management to Town Clerk |
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| Promotion of the Town and strengthening communities
30 To consider and make recommendations on the promotion of the town |
Strategic overview and approval of programme to Committee. Operational management to Town Clerk |
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| 31 To work in partnership with others to develop a Crewe Brand and culture.
32 Promotion and protection of the Brand image including advertising campaigns.
33 To use the opportunities provided by the Events programme to raise the profile of the Town.
34 Management of the Town boundary signs, poster sites and Town Map boards.
35 To have an oversight of working groups formed to support special events and promotional projects from a communications perspective and to give support and advice.
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Strategic overview to Committee Operational management to Town Clerk
Strategic overview to Committee Operational management to Town Clerk
Strategic overview to Committee Operational management to Town Clerk
Strategic overview to Committee Operational management to Town Clerk
Strategic overview to Committee Operational management to Town Clerk
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| Performance and Business Management
36 Management of all business aspects of the establishment
37 Monitoring the progress of the Capital Programme.
38 Approval of Corporate Business Plan
39 Approval of Operating Procedures |
Committee to overview Town Clerk for operational management. Committee
Committee Town Clerk to determine underlying Action and Project Plans
Committee for initial Financial Procedures Town Clerk for other procedures and updating financial procedures |
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| Asset Management
40 To have oversight of assets and the transfers of assets. |
Committee |
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| 41 Maintenance of the Asset Register
42 Corporate landlord management, repair and maintenance. Leasing & licensing of Council land and buildings |
Town Clerk to update annually
Council for acquisition and disposal Strategic overview to Committee Town Clerk for operational management |
| Public Buildings
43 Power to provide and encourage the use of conference facilities, Local Government Act 1972, S144
Power to provide public buildings and halls, Local Government Act 1972, S215
Power to provide and equip community buildings, Local Government Act 1972, s 133
44 Power to provide and equip community centres for use of clubs having athletic, social or recreational objectives, Local Government (Miscellaneous Provisions) Act 1976 S19. |
Committee for strategic overview Town Clerk for operational management
Committee for strategic overview Town Clerk for operational management |
| Audit
45 To maintain and have oversight of Member Audits.
46 To undertake any actions recommended following Member Audits and to have overview of risk management.
47 Final Internal and External Audit Reports |
Committee Town Clerk to support with operating procedures
Committee (Council if change of policy required). Council to receive external audit report. Town Clerk/RFO to manage in accordance with Financial Regulations and to undertake all statutory actions to facilitate audits and returns.
Committee to advise Council on response |
| Information and Data Protection
48 Policy on Data Protection, Access to Information, Freedom of Information and Human Rights.
49 Decisions on issues relating to Data Protection and Human Rights. |
Advice to Council
Strategic overview and monitoring to Finance and Governance Committee Town Clerk to renew Data Protection Registration, make amendments as necessary, respond to routine requests for information and matters raised by the Information Commissioner or Data Protection Officer. Town Clerk to update Privacy notices of all categories. |
| 50 Decisions on issues relating to Access to Information and Freedom of Information. | Committee for strategic overview
Town Clerk to ensure Publication Scheme and Information Guide up to date, all requests for information are dealt with according to legislation and policy and respond to matters raised by the Information Commissioner. |
| Ethical Framework
51 To monitor and control the Council’s Ethical Framework, Code of Conduct and related protocols |
Strategic overview and monitoring to Committee. For Officer delegation see Council ToR |
| Personnel
52 To provide suitable governance and oversight to staffing and employment issues and considerations |
Creation of and delegation to the Personnel Sub-Committee of this committee |
| 53. To administer and oversee the civic functions of the Council and the office of the Mayor | Committee to have strategic overview and approve acceptance within policy and budget
Town Clerk for Operational Management |
- Any actions delegated to the Town Clerk/Proper Officer may in his/her absence be undertaken by the nominated deputy or deputies, if the matter cannot wait until the Town Clerk’s return.
| PLANNING & ENVIRONMENT COMMITTEE TERMS OF REFERENCE
Approved by Council: 14th May 2024 Planned Review Date: May 2025 |
| 10 Members of the Authority Quorum = 4 |
| To oversee all planning, environmental, built environment conservation, environmental sustainability and regulatory matters, and to recommend policy to Council on these matters including housing and transportation. |
| Meetings: Monthly.
All non-committee members may attend meetings of the Committee except for confidential and speak on ward issues at the Chair’s discretion, but are unable to vote. |
| Function of the Council Column 1 | Delegation of Function Column 2 |
| Planning and Development Control
1. To make observations on all Planning applications; Listed Building applications; Conservation Area consents; Certificates of Existing or Proposed Lawful Use or Development; Display of Advertisement Regulations; and development involving telecommunications, including prior notification determinations
2. Referring any Planning enforcement issue to the principal Council
3. To make observations on all planning aspects and licensing aspects including waste applications or mineral applications.
4. To comment on Tree Preservation applications or the making of Orders.
5. To respond to consultations from adjoining authorities outside of Cheshire East Borough.
6. To make observations on Planning consultation documents from Cheshire East Council or other bodies. |
Committee Town Clerk after consultation with Members, if there is not time for reference to Committee, subject to reporting the matter to the next meeting. Committee may decide that with a major or particularly controversial application, to make recommendations for determination by Council
Town Clerk
Committee
Committee Town Clerk after consultation with Members, if there is not time for reference to Committee, subject to reporting the matter to the next meeting.
Committee Town Clerk after consultation with Members, if there is not time for reference to Committee, subject to reporting the matter to the next meeting.
Committee, except Local Plan or HS2 Project which are reserved for Council. |
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7. To make observations at the time of planning appeals and to authorise witnesses on behalf of the Council. |
Committee |
| 8. To make observations on Hazardous Substance applications. | Committee |
| 9. Making observations on applications for amendments to planning and other related consents previously granted by any authority or making observations on applications for the discharge of conditions in respect of planning permissions and other related consents issued. | Committee |
| 10. Making observations on applications and other actions in relation to hedge rows. | Committee
Town Clerk after consultation with Members, if there is not time for reference to Committee, subject to reporting the matter to the next meeting. |
| 11. Making observations and recommendations on Street naming or numbering. | Committee |
| 12. To liaise with the district council on any matter relating to building control. | Town Clerk |
| 13. To monitor proposals from developers under Section 106 Agreements or Community Infrastructure Levy.
14. To oversee the allocation of CIL funds held by the town council |
Committee
Committee |
| 15. To request a Cheshire East councillor to “call in” applications to be determined by the Southern Planning or Strategic Planning Committee. | Committee |
| 16. To undertake the Council’s role in the making, review or management of conservation areas | Committee |
| Strategic Planning
17. Making observations on Local Plan, HS2 Project or Waste and Mineral Plans
18. Making observations on supplementary planning documents or non-statutory plans.
19. To oversee the Council’s role in preparing, reviewing and monitoring the Neighbourhood Plan.
20. Planning Guidance and Policy by the Town Council |
Council on the advice of Committee for Local Plan and HS2 Project. Committee for Waste and Mineral Plans. Committee
Committee Approval of Plan reserved to Council.
Committee to oversee and recommend Approval reserved to Council |
| Licensing
21. Making observations on any matter relating to gaming or gambling
22. Making observations on applications and other matters under the Licensing legislation. |
Committee
Committee Town Clerk after consultation with Members, if there is not time for reference to Committee, subject to reporting the matter to the next meeting. |
| Housing
23. Town Council Policy or response to consultation on Cheshire East Policy.
24. To lobby for a suitable mix of housing and adequate affordable homes.
25. To take a lead on other housing matters including landlord supervision and design guidance. |
None, but on advice from Committee.
Committee.
Committee. |
| Environment & Sustainability
26. To promote the environmental wellbeing of the Town.
27. Conservation of the built and natural environment
28. To lead on the sustainability of the Council as an organisation and to approve and action environmental audits.
29. Issues involving ancient monuments and areas of archaeological interest.
30. To promote environmental awareness.
31. To lead the Town to address climate change, sustainability and transition.
32. Consideration and promotion of active and sustainable travel projects, activities and intiatives |
Policy reserved for Council on recommendation of Committee Committee under the direction of Council Town Clerk for operational matters
Strategic – committee Operational management to Town Clerk
Strategic overview to Committee within budget. Operational management to Town Clerk
Strategic overview to Committee Town Clerk for operational matters.
Strategic overview to Committee Town Clerk for operational matters.
Strategic overview to Committee Town Clerk for operational matters. |
| Environmental and Public Health
33. Power to utilise well, spring or stream to provide facilities for water supply, Public Health Act 1936, S125 and power to deal with ponds and ditches, Public Health 1936, S260.
34. To liaise with the relevant authorities in cases of public health/environmental nuisance, drainage matters, pollution, or animal welfare issue.
35. To make observations on any public health/ environmental licence or registration application (other than under the Licensing Act).
36. Waste and recycling |
Power and Strategic overview to Committee Operational management to Town Clerk
Petitions to Committee Town Clerk in other cases
Committee Town Clerk in consultation with Chair in cases of urgency
Strategic overview to Committee Operational management to Town Clerk |
| Strategic Highways and Transportation
37. To take policy lead on the Local Transport Plan and general transportation issues including HS2 related activities.
38. To respond to consultation on any temporary or permanent highways changes.
39. Power to complain to Highway authority as to unlawful stopping up or obstruction of highway or unlawful encroachment on roadside land.
40. Consent for ending maintenance at public expense or stopping up or diversion of highway
41. To lobby for road safety improvement schemes
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Council for the Local Plan and HS2 strategies and consultations Committee for strategic overview and to advise Council. Town Clerk for operational matters
Committee Town Clerk after consultation with Members, if there is not time for reference to Committee, subject to reporting the matter to the next meeting.
Committee Town Clerk after consultation with Members, if consensus view
Committee
Committee Town Clerk in accordance with policy |
| Challenging Planning Decisions of the Planning Authority
42. To progress to Judicial Review issues of concern relating to planning decisions made that require challenging |
Planning Committee, within budget and financial regulations, through appointed representatives. To report to council at a point relevant to outcome.
To provide recommendation to council if proceedings are of significant scale and in line with Financial Regulations. |
- Any actions delegated to the Town Clerk/Proper Officer may in their absence be undertaken by the nominated deputy or deputies, if the matter cannot wait until the Town Clerk’s return.
| COMMUNITY COMMITTEE TERMS OF REFERENCE
Approved by Council: 14th May 2024 Planned Review Date: May 2025 |
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| 11 Members of the Authority, including the Mayor and Deputy Mayor Quorum = 4
Committee may in addition have non-council community members with the approval of Council, in accordance with Standing Orders |
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| To oversee the delivery of the Community Plan and support the delivery of improvement in the wellbeing of those who live, work or visit the town | |
| Meetings: Alternative months
All non-committee members may attend meetings of the Committee except for confidential and speak on issues at the Chair’s discretion, but are unable to vote. |
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| Function of Committee
Column 1 |
Delegation of Functions
Column 2 |
| Community Engagement | |
| 1. To develop, facilitate and implement themes and actions contained within Crewe’s Community Plan to promote and improve the health, social and cultural wellbeing of those
who live, work, study or visit within the Town. |
Committee to have strategic overview and approve action plans within policy and budget
Town Clerk for Operational Management |
| 2. To facilitate and support statutory, voluntary, community and faith sector organisations to deliver the aspirations of Crewe’s Community Plan | Committee to have strategic overview and approve acceptance within policy and budget
Town Clerk for Operational Management |
| 3. To have oversight of the Council’s involvement with outside bodies which are relevant to the voluntary, community and faith sector as well as the themes and actions contained within Crewe’s Community Plan | Committee to have strategic overview and approve acceptance within policy and budget
Town Clerk for Operational Management |
| 4. To update and refresh the action plans and themes contained within Crewe’s Community Plan | Council to approve plans, themes and updates Committee to have strategic overview and approve acceptance within policy and budget
Town Clerk for Operational Management |
| 5. To agree project funding proposals which meet the aspirations contained within the Council’s Corporate Strategy and Crewe’s Community Plan under the themes of:–
· Cultivating civic and community pride · Aspirational young people · Health and wellbeing · A Voice for Crewe |
Committee to have strategic overview and approve acceptance within policy and budget |
| 6. To promote and support:-
· Social inclusion within communities · Public and community services and facilities within the Town · Crewe Local Area Partnership · CAB for the Town (Local Government Act 1972 s142) · Fair Trade in the Town · Healthy living · The development of and coordination of NHS services · Public and community services for young People as well as isolated and vulnerable groups |
Committee to have strategic overview and approve acceptance within policy and budget
Town Clerk for Operational Management |
| 7. To seek and maximise the benefit of external funding directly or in partnership with others | Committee to have strategic overview and approve acceptance within policy and budget
Town Clerk for Operational Management |
| 8. To support external partnership organisations with regard to friendships and twinning agreements | Committee to have strategic overview and approve acceptance within policy and budget
Town Clerk for Operational Management |
| 9. Compile and submit responses to public consultations through the promotion and liaison with external stakeholders which are relevant to the aspirations of Crewe’s
Community Plan |
Committee to have strategic overview and approve acceptance within policy and budget
Town Clerk for Operational Management |
| 10. To have oversight of Working Groups formed to support projects and activities which deliver the aspirations contained within
Crewe’s Community Plan |
Committee to have strategic overview and approve acceptance within policy and budget
Town Clerk for Operational Management |
| 11. To administer the policies and procedures and make recommendations relating to the Council’s grants and donations | Grants Working Group to evaluate and recommend to Committee
Committee to have strategic overview and approve acceptance within policy and budget Council to approve policy Town Clerk for Operational Management |
| 12. To facilitate, promote and administer the Councils grants and donations | Committee to have strategic overview and approve acceptance within policy and budget
Town Clerk for Operational Management |
| 13. To have oversight of targeted or responsive grant funds | Grants Working Group to evaluate and recommend to Committee
Committee to have strategic overview and approve acceptance within policy and budget Council to approve establishing grant funds which are over £10,000 Town Clerk for Operational Management |
| ASB
14. To liaise with the Police to reduce crime and promote crime reduction initiatives 15. To support the maintenance of PCSOs in the Town Libraries
16. To support home safety initiatives in the town and work with Cheshire Fire and Rescue on fire safety initiatives
Libraries 17. To liase with the local library service provider and oversee aspects of support funding and associated service delivery and reporting |
Committee to respond to consultations
Committee in accordance with policy Town Clerk for operational aspects
Committee Town Clerk in accordance with policy
Committee. Strategic decisions relating to devolution or future strategic local delivery review – committee to advise council |
- Any actions delegated to the Town Clerk/Proper Officer may in their absence be undertaken by the nominated deputy or deputies, if the matter cannot wait until the Town Clerk’s return.
| PUBLIC SERVICES COMMITTEE TERMS OF REFERENCE
Approved by Council: 14th May 2024 Planned Review Date: May 2025 |
| 11 Members of the Authority Quorum = 4 |
| To oversee direct service delivery aspects of the council’s work, including, the Town Ranger Service, CCTV, Cleaner Crewe Project and Floral Displays. To develop and enhance the town’s public and shared spaces. To consider and oversee the proession and delivery of delegated and devolved assets and services. To support and promote community and voluntary engagement with parks and greenspaces and to identify priorities for council investment in parks and play areas.
To oversee engagement in town centre projects and activities |
| Meetings: Alternate months prior to Council.
All non-committee members may attend meetings of the Committee except for confidential and speak on ward issues at the Chairman’s discretion, but are unable to vote. |
| Function of Committee Column 1 | Delegation of Functions Column 2 |
| Public Realm and Public Facilities
1. To contribute to the improvement of the public realm, both directly and by supporting the contribution of other partners.
2. To oversee the Cleaner Crewe Project to reduce problems from fly-tipping and waste management
3. To manage the contract for the Crewe Ranger service to ensure a response resource which supports and enhances the general public realm services.
4. Matters relating to street cleaning, litter, fly posting and graffiti.
5. If made available -Fixed penalty notices for littering, graffiti and fly posting (adoptive). Dog Control Orders, Clean Neighbourhoods and Environment Act 2005 (if adopted). |
Committee for strategic management within budget. Town Clerk for operational management. Committee for strategic overview Town Clerk for operational management. Committee for strategic overview Town Clerk for operational management.
Committee for strategic overview Town Clerk for routine management.
Committee for strategic management within budget and policy Operational Management to Town Clerk. Council to adopt legislation |
| 6. Provision of litter receptacles, Litter Act 1983, S5 and 6
7. Provision and maintenance of street furniture and signs
8. If made available -Power to provide and maintain public conveniences, Public Health Act 1936, s87.
9. If made available -Power to maintain, repair, protect and alter war Memorials; War Memorials (Local authorities Powers) Act 1923, S11 as extended by Local Government Act 1948 S133.
10. To promote and support floral and planting Initiatives, Local Government Act 1972. s 144
11. If made available -Power to provide and maintain bus shelters, Local Government (Miscellaneous Provisions) Act 1953 S4. |
Committee for strategic overview Town Clerk for routine management.
Committee for strategic overview Town Clerk for routine management.
Committee for strategic management within budget and policy Town Clerk for operational management
Committee for strategic management within policy and budget. Operational management to Town Clerk
Committee for strategic overview Town Clerk for operational management.
Committee for strategic overview Town Clerk for operational management. |
| Economic Wellbeing and Tourism
12. To promote the economic wellbeing of the Town through partnership with the businesses, the community sector and with the principal council.
13. To promote tourism within the Town and power to encourage visitors
14. To promote regeneration in the Town and support the work of partner organisations.
15. To lobby for sufficient high quality employment sites in the Town and support initiatives promoting inward investment
16. To support skills and training for local businesses.
17. To lead on the coordination of infrastructure projects with partners in the Town Centre |
Committee within Policy and Budget Town Clerk for operational management
Committee within Policy and Budget Town Clerk for operational management
Committee within Policy and Budget Town Clerk for operational management
Committee within Policy and Budget Town Clerk for operational management
Committee within Policy and Budget Town Clerk for operational management
Committee within Policy and Budget Town Clerk for operational management Committee within Policy and Budget |
| 18. To work with the BID, which oversees and coordinates Town Centre activities and maintains effective relationships with retail businesses, particularly in the Town Centre. | Town Clerk for operational management
|
| Leisure and Recreation
19. To oversee the delivery of improvements to green areas in the Town.
20. If made available -Power to maintain land for open spaces, Public Health Act 1875, S164; Open Spaces Act 1906, S9 and 10.
21. If made available -Power to acquire land for or to provide recreation grounds, public walks, parks, pleasure grounds and to manage and control them. Power to provide gymnasiums, playing fields, and boating pools; Local Government Act 1972,Sch 14; Public Health Acts Amendment Act 1890,S44, Local government (Miscellaneous Provisions) Act S19; Public Health Act 1961,s54.
22. Enhancement and if appropriate management of play areas. 23. Liaison with other organisations which have an interest in recreational facilities in the town.
24. Promotion of and engagement with community volunteers to support the development of park friends of groups |
Committee for strategic overview Town Clerk for operational management
Committee for strategic overview Town Clerk for operational management
Acquisition to Council Committee for Strategic Management and development within budget and policy Town Clerk for operational management
Committee for strategic management and development within budget and policy Town Clerk for operational management
Committee for strategic overview Town Clerk for operational management
Committee for strategic overview Town Clerk for operational management |
| Clocks
25. If made available -Power to provide and maintain public clocks, Parish Councils Act 1957, S2 |
Committee for strategic overview and management. Operational management to Town Clerk |
| Allotments
26. To provide allotments where there is a proven need, improve land and let rights under S 23, 26, and 42 of the Small Holding and Allotments Act 1908. To manage through allotment associations and a coordinating body. |
Committee for strategic overview and development. Town Clerk for operational Management |
| Non-Strategic Highways and Transport
27. Power to maintain footpaths and bridleways.
28. Powers to provide parking places for vehicles and cycles.
29. If made available -Improve off street parking and on street parking enforcement. |
Committee within Council policy Town Clerk for operational management
Committee within Council policy Town Clerk for operational management
Committee within policy and budget Town Clerk for operational management |
|
30. Power to provide roadside seats and shelters.
31. Power to enter into agreement as to dedication and widening of highways.
32. If made available -Power to contribute financially to traffic calming Schemes; Highways Act 1980, S274A.
33. If made available -Power to provide traffic signs and other objects or devices warning of danger.
34. Power to plant trees and lay grass verges and to maintain them
35. If made available -Powers relating to car sharing schemes, taxi fare concessions and information about transport; Local Government and Rating Act 1997, S26, 28, 29
36. If made available -Power to erect flagpoles in highway land. Highways Act 1980, s144 |
Committee within policy and budget Town Clerk for operational management
Committee within budget and policy. Town Clerk for operational management
Committee within budget and policy Town Clerk for operational management
Committee within policy and Budget Town Clerk for operational management
Committee within policy and budget Town Clerk for operational management
Committee within policy and budget Town Clerk for operational management
Committee within policy and budget Town Clerk for operational management |
| Street Lighting
(Should Council resolve to use these powers) 37. If made available -Power to light roads and public places. Maintenance and upgrading of Street lights. Parish Councils Act 1957 s3: Highways Act 1980, s301: Local Government Act 1972, Sched. 14 para 27 |
Committee for strategic management within policy and budget Town Clerk for operational management |
| Burial Facilities
(Should Council resolve to use these powers) 38. If made available -Powers and duty for maintenance of closed church yards, Local Government Act 1972, S215
If made available -Power to maintain monuments and Memorials, Open Spaces Act 1906, Sec 9 and 10; Local Government Act 1972, S214; Parish Councils and Burial Authorities (Miscellaneous Provisions) Act 1970, S1.
If made available -Power to contribute towards expenses of cemeteries, Local Government Act 1972, S214. Power to provide Mortuaries, Public Health Act 1936, S198 |
Committee for strategic overview within budget and policy Operational management to Town Clerk
Committee for strategic overview within budget and policy Operational management to Town Clerk
Committee for strategic overview within budget and policy Operational management to Town Clerk |
| Markets
39. If made available -To lead on the coordination of infrastructure improvement with markets.
40. If made available -To oversee the power to operate and protect the town’s markets under the Food Act 1984 s50-61 or Charter Rights should the Town Council deem it beneficial. |
Strategic overview to Committee within policy and budget Operational management to Town Clerk
Strategic overview to Committee within policy and budget Operational management to Town Clerk |
| Community Safety
41. To contribute to the maintenance of CCTV. (Local Government and Rating Act 1997, s31) or install and maintain.
42. To support initiatives of the Community Safety Partnership and liaise with The Multi Agency Action Group. |
Committee for strategic overview Town Clerk for operational management
Committee/Town Clerk in accordance with Council direction. |
| Emergency Planning
43. To support Cheshire East and, if needed, lead on preparing and implementing the Emergency Plan for the town |
Committee within budget Operational management to Town Clerk |
- Any action delegated to the Town Clerk may in his/her absence be undertaken by the Assistant Town Clerk after seeking relevant advice as necessary, if the matter cannot wait until the Town Clerk returns.
| EVENTS & CULTURE COMMITTEE TERMS OF REFERENCE
Approved by Council: 14TH May 2024 Planned Review Date: May 2025 |
| 11 Members of the Authority Quorum = 4 |
| To oversee the delivery and commissioning of events in the town and to lead on the promotion and marketing of Crewe as an attractive destination for tourism, business, retail and leisure.
To build relations with stakeholders to allow a consolidated approach to the promotion of the town. To lead on the branding and marketing of Crewe |
| Meetings: Alternative months to Council.
All non-committee members may attend meetings of the Committee except for confidential and speak on ward issues at the Chairman’s discretion, but are unable to vote. |
| Function of Committee Column 1 | Delegation of Functions Column 2 |
| Promotion of the Town and strengthening communities
1 To determine the Town Council’s Events Programme for the coming year, or other time frame as agreed by the Council.
2 To ensure and deliver an events programme that caters for a wide range of tastes and differing age ranges and appeals to both residents and visitors. |
Strategic overview and approval of programme to Committee. Operational management to Town Clerk
Strategic overview to Committee Operational management to Town Clerk |
| 3 To organise, or partner others to organise events which promote the Town, council services or help strengthen communities.
4 To use the opportunities provided by the Events programme to raise the profile of the Town.
5 Provision, directly or indirectly of Christmas lights, Local Government Act 1972. s 144
6 To seek and maximise the benefits of external funding.
7 To have an oversight of working groups formed to support special events and to give support and advice. |
Strategic overview to Committee Operational management to Town Clerk
Strategic overview to Committee Operational management to Town Clerk
Strategic overview to Committee Operational management to Town Clerk
Strategic overview to Committee Operational management to Town Clerk
Strategic overview to Committee Operational management to Town Clerk |
| Arts, Culture and Education
8 Power to provide entertainment and support for the arts, Local Government Act 1972, S145.
9 To encourage and facilitate any opportunities to develop further the cultural, arts, educational and social life of Crewe’s residents. |
Committee within policy Town Clerk for operational Management
Committee within policy Town Clerk for operational Management |
| Tourism
10 To support local tourism initiatives to promote the town of Crewe. |
Committee within policy Town Clerk for operational Management |
| Heritage
11. To oversee the development and delivery of the Heritage Strategy and to directly or indirectly conserve the cultural heritage of the Town.
12. If made available -To manage, preserve and promote the use of the Town’s historic records, artefacts and treasures, Local Government (Records) Act 1962, ss1 and 4
13. To support Cheshire East Council to provide an Archive Facility
14. To act as a hub for organisations to share information on heritage and history of the Town and surrounding area.
15. Research projects relating to the heritage and history of the Town and surrounding area. |
Strategic overview to Committee within budget and policy
Operational Management to Town Clerk
Strategic overview to Committee within budget and policy Operational Management to Town Clerk
Strategic overview to Committee within budget and policy Operational Management to Town Clerk
Strategic overview to Committee within budget and policy Operational Management to Town Clerk
Strategic overview to Committee within budget and policy Operational Management to Town Clerk |
- Any actions delegated to the Town Clerk/Proper Officer may in his/her absence be undertaken by the nominated deputy or deputies, if the matter cannot wait until the Town Clerk’s return.
| PERSONNEL SUB-COMMITTEE TERMS OF REFERENCE
Approved by Council: 14th May 2024 Planned Review Date: May 2025 |
|
| A sub-committee of the Finance & Governance Committee | |
| 7 Members of the Authority Quorum = 3 | |
| Meetings: Meetings will take place at least bi-annually in September and March.
Chair – Chair of Finance & Governance as the responsible committee for the sub-committee. |
|
| All non-sub-committee members may attend meetings of the Committee except for confidential items or matters relating to grievance or discipline and speak at the Chair’s discretion, but are unable to vote | |
| Function of Committee
Column 1 |
Delegation of Functions
Column 2 |
| 1. All delegated functions as set out in the Terms of Reference and Delegation of
Council & Finance & Governance Committee |
Sub-Committee. |
| 2. To recommend to Council the overall Staffing structure and approval of
additional posts. |
None-Final approval remains with Council |
| 3. To agree the pay scales and conditions of staff | Sub-Committee including payment of honoraria providing within agreed budget. |
| 4. Approval of personnel policies and Employee Handbook | Sub-Committee to make recommendation to Council, including discretionary provisions of National Joint Agreement. |
| 5. Management and Appointment of Staff (Local Government Act 1972 s112-119) | Recommend appointment of new Town Clerk to be endorsed by Council
· Selection of long list by Town Clerk with personnel assistance if appropriate · Selection of final short list – Chair, Deputy Chair, Mayor and Deputy Mayor · Final Interview – 3 members of the Sub-Committee and Mayor Appointment of other Staff Scale Point 29 and above to Town Clerk in consultation with 2 members of Sub-Committee. Appointment of Staff below Scale Point 29 to Town Clerk. Town Clerk for casual staff and temporary appointments to approved positions below Scale Point 29 Decision on whether to fill vacant positions is delegated to Town Clerk. Decision on recruitment of contract staff or interim contract staff to Sub-Committee Management of staff in accordance with Council policy, procedures and budget, including disciplinary actions, to Town Clerk. |
| 6. Disciplinary matters under the Council’s Disciplinary Procedure. | Town Clerk, including actions, sanctions and termination of employment, with permitted appeal to Appeals Sub-Committee (only members not on Personnel Committee)
When in relation to the Town Clerk Personnel Sub-Committee, with appeal to Appeals Sub-Committee. Dismissal of Town Clerk to be ratified by Council |
| 7. Determination of individual grading
issues and job evaluation |
Sub-Committee |
| 8. Issues relating to the Local Government Pension Scheme as it affects individual employees and administration of retirement. | Sub-Committee (Council in case of Town Clerk)
Administration of retirement in cases of permanent ill health, after appropriate medical advice via Cheshire Local Government Pensions Pensions Discretions Policies to Sub-Committee |
| 9. Approval of job descriptions and person specifications. | Sub-Committee |
| 10. Absence issues under the Council’s
Attendance Management Guidelines. |
Town Clerk except Sub-Committee in the case of Town Clerk |
| 11. Appeals Procedure | Appeals Sub-Committee. |
| 12. To place staff at the disposal of other local authorities for the purpose of joint arrangements or Partnership
working |
Council |
| 13. Competence Procedure | Town Clerk except Sub-Committee in the case of Town Clerk |
| 14. Issue of Contracts of Employment | Town Clerk except Sub-Committee in the case of Town Clerk Model Contract approved by Committee |
| 15. Redundancy and Redeployment. | Sub-Committee – recommending amended structure to Council |
| 16. Monitoring Equalities Policy in relation
to employment |
Sub-Committee |
| 17. Approval of Officer Codes of Conduct, supplements and Member – Officer
Protocol |
Council |
| 18. Health and Safety | Sub-Committee for approval of Policy other than General Statement and organisation which are reserved for Council
Sub-Committee to oversee responsibilities for Council within budget and policy Town Clerk for routine management |
| 19. Grievance Procedure | Town Clerk except Sub-Committee in the case of Town Clerk |
| 20. Administration of other Personnel
procedures |
Town Clerk except Sub-Committee in the case of Town Clerk |
| 21. Employee Development Review and assessment at end of Probationary
period |
Town Clerk for all staff, often delegated to direct manager. Mayor, Personnel Chair and one other Member of
Sub-Committee for Town Clerk |
| 22. Training and Development Plan for
Officers |
Town Clerk |
| 23. To administer the Volunteers Policy | Town Clerk to administer
Sub-Committee to monitor and recommend to Council |
| 24. To administer the Child and Vulnerable Adult Policy | Town Clerk to administer
Sub-Committee to monitor and recommend to Council |
| 25. To administer the Council’s Equality Policy | Town Clerk to administer for employees, services, volunteers and democratic processes
Sub-Committee to monitor and recommend to Council |
- Any actions delegated to the Town Clerk/Proper Officer may in their absence be undertaken by the nominated deputy or deputies, if the matter cannot wait until the Town Clerk’s return.
| APPEALS COMMITTEE: TERMS OF REFERENCE
Approved by Council: 14th May 2024
[Review Date: May 2025] |
|
| 4 Members of the Authority, not being members of Personnel Committee.
Quorum = 3 |
|
| Meetings: Meetings will take place as and when required. | |
| Non-committee members may not attend meetings of this Committee. | |
| Function of Committee Column 1 | Delegation of Functions Column 2 |
| 1. To determine whether any appeal made by a member of staff under any of the Council’s personnel policies are valid. | · Committee, |
| 2 To hold appeal hearings under the Disciplinary, Grievance, Competence, Redundancy and Redeployment Policies | · Committee to determine the appeal under the appropriate procedure. (NB. Any Councillor who has previously been involved in the Procedure prior to the appeal may not sit on the Appeal hearing.)
· Committee may appoint an individual to hear an appeal · Only Council may uphold a decision to dismiss the Town Clerk |
| 3 To determine any appeals under the Council’s Complaint Procedure which is delegated to it. | · Committee to determine the appeal under the Procedure. (NB. Any Councillor who has previously been involved in the Procedure prior to the appeal may not sit on the Appeal hearing.)
· Committee (or appointed individual) to make redress up to the value of £500. · Town Clerk to make redress up to the value of £200 |
| 4 To determine any appeal under Freedom of Information or Data Protection legislation. | · Committee |
