Council Constitution 23 Part 10 - Officer Scheme of Delegation

Chief Executive

1. The Chief Executive shall be the Head of Paid Service and be provided by the authority with such resources as they deem necessary to perform that role. The Head of Paid Service shall have overall corporate management and operational responsibility for the way in which the organisation delivers its services. 
2. The Chief Executive may decide that any function, question or matter is urgent and:
   1. a decision must be made before the next scheduled meeting of the Executive, Council or of the appropriate Committee or Sub-Committee; or
   2. a recommendation to the Executive, Council or within the terms of reference of a Committee or Sub-Committee should be implemented prior to the next scheduled meeting of the Executive, Council, Committee or Sub-Committee by which it could be approved;
   in either case, if the Chief Executive is satisfied that it is not expedient, practicable or necessary in the circumstances to convene a special meeting of the Executive, Council or a special meeting or urgent business sub-committee meeting of the Committee or Sub-Committee in question then paragraph 1.4 shall apply.
3. The Chief Executive shall have the power (or may designate an Executive Director who will then have power) to determine the question or matter or to implement the recommendation (as the case may be) in the name of and without further reference to the Executive, Council or to the appropriate Committee or Sub-Committee.
4. The exercise by the Chief Executive and Executive Directors of any powers under this Urgent Matters delegation shall be subject to the following conditions:
   1. that the determination of the question or other matter or implementation of the recommendation is capable of determination under law in this manner;
   2. that the Chief Executive or designated Executive Director before making a decision shall consult with the Leader;
   3. that the Chief Executive or designated Executive Director before making a decision shall consult with the Director of Legal and Governance and the Executive Director Enabling Services or their nominated deputies;
   4. that a record of all decisions made or recommendations implemented, together with the consultations shall be recorded and maintained by the Director of Legal and Governance ; and
   5. that any decisions made or recommendations implemented under this provision shall be reported to the next scheduled meeting of the Executive, Council, Committee or Sub-Committee, which would otherwise have dealt with the question or matter.
5. Each Executive Director (in their service area) and Director of Legal and Governance (all areas) may each exercise the powers of the Chief Executive in the event of his/her incapacity, absence or unavailability.

Chief Officers (Management Board Members, Monitoring Officer & Director Of Public Health)

1. If a function, power or responsibility has not been specifically reserved to the Council, a Committee or the Executive, the Chief Executive and Executive Director within whose remit the matter falls is authorised to act.
2. The Council, its Committees and the Executive will make decisions on matters of significant policy. Executive Directors are given express authority to take all necessary actions to implement Council, Committee and Executive decisions that commit resources within agreed budgets in the case of financial resources, as necessary and appropriate. 
3. In relation to all delegated authorities conferred on the Executive Directors, the Chief Executive may allocate or reallocate responsibility for exercising particular powers in the interests of effective corporate management as he or she thinks fit.
4. To take all routine and day-to-day operational service decisions within agreed policies provided they are met from within overall approved budgets in relation to the services for which they are responsible, subject to any other requirements imposed by the Constitution (eg Financial Procedure Rules and CPRs).
5. To take all decisions necessary to give effect to implement the contents of any approved Policy Framework plan, in relation to the services for which they are responsible, and within agreed budgets in the case of financial resources, as necessary and appropriate.
6. To take any action on urgent matters which would otherwise require reference to, or consultation with, the Council, a committee or the Executive if there is no such time for such reference or consultation to be made and provided the Chief Executive, Executive Director Enabling Services and Director of Legal and Governance (or their nominees) agree to the proposed course of action before it is decided. All such decisions shall be reported to the next meeting of the Council, Committee or Executive.
7. To act and to exercise the functions of the Council under all current or future legislation and Council plans, policies, guidelines and procedures relating to the services and functions managed, operated and controlled by the Executive Director. This should be taken to include all regulations, orders and guidance subsequently issued by Ministers in relation to such services and functions.
8. To set, approve or vary, following consultation with the relevant Cabinet Member, and Executive Director Enabling Services and Director of Legal and Governance, the scale of fees and charges for all services within their service area. The revised scale of fees and charges, unless confidential, must be made available on the Council’s internet and/or be available in paper form on request and is subject always to any statutory or common law duty to consult the public or service users.
9. To write off debt, following consultation with the Executive Director Enabling Services, in line with guidance that is issued by the Executive Director Enabling Services.
10. To act under all current or future legislation and Council plans, policies, guidelines and procedures relating to their services and functions managed, operated and controlled by them or their Heads of Service, and shall have the authority to vary or change their services or functions following consultation with the Chief Executive (where there are Head of Paid Service issues), and the Executive Director Enabling Services and Director of Legal and Governance where legislation, regulations, orders or guidance subsequently issued by Ministers in relation to such services or functions require a change in service delivery greater than “de minimis”.
11. To have the authority and to authorise officers within their functional responsibilities to undertake activities and have powers to undertake those activities including powers of entry, in accordance with relevant legislation as advised from time to time by the Director of Legal and Governance.
12. Following consultation with the Director of Legal and Governance, to take decisions, serve notices, requirements or orders, make applications, exercise powers of entry, provide reports and institute or defend any proceedings before any Magistrate, Court or other Tribunal on behalf of the Council in discharge of the Council’s functions arising under any law or Act within the postholder’s management or control.
13. Following consultation with the Director of Legal and Governance, to authorise appropriate officers to administer formal cautions in respect of any criminal offence.
14. To act under all current and future legislation and Council plans, policies, guidelines and procedures relating to the services and functions managed, operated and controlled by the Executive Director. This should be taken to include all regulations, orders and guidance subsequently issued by Ministers in relation to such services and functions.
15. To undertake all and any functions and tasks necessary in support of or related to supporting approved partnerships and joint working. This includes joint working with other public bodies and agencies, including the CCG, NHS Trusts and associated bodies, other local authorities and other appropriate bodies.  Such organisations may also include representatives of the private sector.  This would include Solent LEP, Partnership for South Hampshire (PfSH), Solent Freeport Co and Transport for South Hampshire (TfSH).
16. To respond to consultations and requests for submission from Government Departments, other local authorities, international, academic, research, business representatives and other bodies in respect of: provision and sharing of data and research initiatives; policies, strategies and plans; performance and partnership working.
17. Following consultation with the Executive Director Enabling Services and Director of Legal and Governance, to submit bids for or tenders involving funding or assistance from central government, or from any other source (direct or indirect to the council itself), and to take any further steps including the entering into of any relevant agreements to fulfil the requirements of any bid or tender and to take any necessary or expedient action (including the purchase of services, supplies and works) in the consequential administration of any such bids or tenders. (NB: this delegation applies not only to lottery bids, but also to any new schemes as yet not in place and is framed broadly and should apply in the same way).
18. To complete and submit expressions of interest, enter into and vary, research and development projects and associated partnerships within estimates, including seeking external funding or joining funding partnerships, providing the whole life cost of the project does not have an adverse impact on the council's financial position.
19. To authorise the attendance by any Member at a conference, meeting or other event, following consultation with the Director of Legal and Governance, provided the costs are to be met from the relevant Portfolio budget.
20. Following consultation with the Executive Director Enabling Services and the appropriate officers dealing with international matters, to complete and submit expressions of interest for funding or initiatives to any UK or international funding agencies.
21. To purchase services or sell spare capacity where there is a financial, service or other benefit to the authority, after consultation with the Executive Director Enabling Services and Director of Legal and Governance.
22. To obtain information under Section 330 of the Town and Country Planning Act 1990 and Section 16 Local Government (Miscellaneous Provisions) Act 1976 about interests in land. [See footnotes 1 & 2]
23. Within the scope of the postholder’s employment, to manage investigations and grant authorisations under Section 28 and 29 of the Regulation of Investigatory Powers Act 2000, subject to having completed the required Authorised Officer training.
24. To execute and authorise the execution of works in default of compliance of any statutory notice served and to demand the recovery of expenses incurred by the local authority.
25. To serve notice requiring payment for works carried out in default.
26. To authorise staff to enter premises where such action is necessary to conduct duties and is authorised by legislation appropriate to that Executive Director’s service areas.
27. To make payments of trust monies for the maintenance, advancement or benefit of a beneficiary following consultation with the Executive Director Enabling Services.
28. To pay expenses such as travel expenses, facilitators’ expenses for disabled people, interpreters’ expenses for non-English speakers and carers’ expenses for people with caring responsibilities or other factors to enable participation at consultation meetings.
29. To undertake benchmarking, cost comparison consultation and all activities associated with Best Value and to take all actions necessary and expedient to ensure best professional practice and Best Value.
30. To seek planning permission, conservation area consent and listed building consent in accordance with the Town and Country Planning Act 1990 and The Planning (Listed Buildings and Conservation Areas) Act 1990, subject to:
    1. the Executive Director Growth & Prosperity  being given 14 days to comment on the proposal prior to the submission of the formal application; and
    2. the Executive Director Growth & Prosperity agreeing that the proposal was not in conflict with any planning policy of the Council and could be dealt with under delegated powers; if they  did not agree their  reasons to be given in writing.
31. To use all powers necessary to effect the acquisition of services from other authorities or bodies and to set up joint, consortium or other bodies and panels to secure the provision of those services needed to discharge the functions of the Council.
32. To take any consequential action necessary or expedient in respect of a bid or tender involving funding or assistance from central government, or from any other source.
33. To act in all matters associated with the delivery of regeneration and other programmes, partnerships or arrangements managed and delivered by external partnership bodies where the Council is the accountable body or is responsible for or is a significant stakeholder in the programme, partnership or arrangement, and in particular to do so following consultation with the appropriate board, other body responsible for the management of the programme, partnership or arrangement, and to seek and replace members of such bodies and the Cabinet Member.
34. To authorise all suitably qualified members of staff under their line management or control to carry out all powers delegated and, following consultation with the Director of Legal and Governance, to sign statutory notices on behalf of the Council.
35. To investigate and respond to all complaints, whether under the Council’s Customer Complaints procedure or otherwise.
36. To dispose of any surplus equipment.
37. To undertake any preparatory work necessary on any project, scheme or other matter intended to be placed before the Executive, the Council, a Committee, Sub-Committee or Officer with appropriate delegated powers so that the Executive, Council, Committee Sub-Committee or Officer with appropriate delegated powers can, with the benefit of full background information and advice, determine whether or not to proceed with said project, scheme or other matter with or without variation.
38.  
    1. To settle ex-gratia payments of up to £5,000.
    2. In relation to the Customer Complaints Policy, a complaint being considered by the Local Government and Social Care Ombudsman, or matter being referred or considered by an officer as instructed by the Chief Executive or by any third party tribunal or entity, to settle and make a payment of compensation, including (but not limited to) an ex-gratia payment of up to £10,000 following consultation with the Director of Legal and Governance.
39. To arrange visits, lectures and similar visits to publicise Council and City activities.
40. Where a decision is required to be made by the Council, Executive or any officer, following consultation with the community or part of a community, the relevant Executive Director is authorised to commence that consultation, following consultation with the relevant Cabinet Member, and the decision shall be reported back to the relevant decision-maker for it to then to determine whether or not to proceed (including the results of that consultation).
41. Under the direction of the Director of Legal and Governance, to take such action as is required or necessary in respect of commissioning, monitoring or approving all reports for submission to any decision-making body of the Council or any partner body.
42. To make arrangements for managing and ensuring the quality of the information to be included within the Forward Plan in accordance with the Council’s Constitution, the Local Government Act 2000 and secondary legislation.
43. As directed from time to time by the Director of Strategy & Performance, to take such action as necessary in relation to internal or external communications.
44. Following consultation with the relevant Cabinet Member and Director of Legal and Governance to make applications to the Secretary of State in respect of works on common land.
45. The power to enter into grant agreements for the award of grants derived from Government funded programmes and to determine when a legal charge is required on property to secure the repayment of any grant award.
46. To enter into professional memberships in the interests of the authority.
47. To approve press releases and media statements, in line with the Council’s Media Protocol.
48. To approve, allocate, modify and amend grants to cultural / voluntary organisations, following consultation with the relevant Cabinet Members and Executive Director Enabling Services and make decisions to vary the budget allocation within Financial Procedure Rules. 

Footnote 1 - This section of the scheme of delegation should be interpreted widely to aid the smooth running of the organisation and effective deployment of resources and the efficient delivery of services.

Footnote 2 - In determining the services for which Executive Directors are responsible, regard should be had to Article 11 of the Council’s Constitution which sets out the functions and areas of responsibility for each of the Executive Directors.

Executive Director Community and Wellbeing (DASS)

This post is now combined with the Executive Director for Children & Learning on an interim basis until permanent appointment in 2025.

1. To discharge the Council’s functions with regard to the assessment of need for, and provision of, community care services in accordance with the Part III of the National Health Service and Community Care Act 1990 and any Regulations thereunder.
2. To act as receiver under legislation relating to mental health.
3. All Adults Social Care functions exercisable by the Council in its capacity as a local authority, including acting as the Council’s Caldicott Guardian (CG).
4. To accept guardianship applications and subsequent and to determine subsequent applications for discharge by the Authority.
5. To approve expenditure incurred under Section 48 of the National Assistance Act 1948, in the protection of movable property of persons and to recover such expenditure where applicable.
6. For the purposes of Section 114 of the Mental Health Act 1983, to issue approvals on behalf of the Council in respect of mental health social workers.
7. To discharge the Council’s functions with regard to the assessment of need for, and provision of, community care services in accordance with the Part III of the National Health Service and Community Care Act 1990 and any Regulations thereunder.
8. To discharge the Council’s functions for care and support in accordance with the Care Act 2014 and any regulations thereunder.
9. To enter into any agreements including partnership arrangements to authorise a person or organisation to discharge the Council’s functions under the Care Act 2014.
10. Following consultation with the Executive Director Enabling Services, to write off debt or waive future charges in respect of care provision where it is felt that an individual would be at risk if the debt were pursued or they chose to withdraw from care on financial grounds. A written record of these decisions setting out the reasons for the write-off or waiving of charges should be kept and a copy provided to the Income & Expenditure Manager.  Such reductions or waiving of charges would only be for the minimum period that such risks exist.
11. To undertake reviews of decisions of Assets of Community Value (ACVs).
12. To discharge the Council’s functions with regard to the assessment of need for, and provision of, community care services in accordance with the Care Act 2014
13. To act as receiver under legislation relating to mental health.
14. To accept guardianship applications and subsequent and to determine subsequent applications for discharge by the Authority.
15. To approve expenditure incurred under Section 48 of the National Assistance Act 1948, in the protection of movable property of persons and to recover such expenditure where applicable.
16. For the purposes of Section 114 of the Mental Health Act 1983, to issue approvals on behalf of the Council in respect of Approved Mental Health Professionals.
17. To discharge the Council’s functions with regard to the assessment of need for, and provision of, community care services in accordance with the Care Act 2014 any Regulations thereunder.
18. To enter into any agreements including partnership arrangements to authorise a person or organisation to discharge the Council’s functions under the Care Act 2014.
19. To administer, determine, revoke and resolve appeals in relation to blue badge applications under the Chronically Sick and Disabled Persons Act 1970 where applications require medical assessment.

Director of Public Health

1. To undertake overall responsibility for all of the local authority’s duties to take steps to improve public health and to provide officers and elected members with appropriate advice, based on a patterns of local health need of what works and potential returns on public health investment.
2. To undertake any of the Secretary of State’s public health protection or health improvement functions delegated to local authorities.
3. To plan for, and respond to, emergencies that present a risk to public health, after consultation with the Council’s emergency planning officer where appropriate. For the avoidance of doubt this includes all appropriate functions under the Coronavirus Act 2020 and secondary legislation, including Directions and similar statutory orders.
4. To undertake local authority’s role in co-operating with the police, the probation service and the prison service to assess the risks posed by violent or sexual offenders.
5. To be responsible for the local authority’s public health response as a responsible authority under the Licensing Act 2003, including making representations about licensing applications under sections 5(3), 13(4), 69(4) and 172B(4) of the Licensing Act.
6. To be responsible for providing Healthy Start vitamins at any maternity or child health clinic commissioned by the Council, in accordance with the Healthy Start and Welfare Food Regulations 2005 as amended.
7. To produce and update as necessary the Southampton Joint Strategic Needs Assessment in partnership with the Hampshire, Southampton & Isle of Wight Clinical Commissioning Group, or successor body.
8. To lead on and co-ordinate the development, production, publication and updating of the Southampton Joint Health and Wellbeing Strategy in partnership with the Hampshire, Southampton & Isle of Wight Clinical Commissioning Group, or successor body.
9. To produce the Director of Public Health’s annual report.
10. To provide public health advice to NHS commissioners to help secure:
    1. Commissioning strategies that meet the needs of vulnerable groups
    2. The development of evidence-based care pathways and service specifications
    3. Evidence-based prioritisation policies
    4. Health needs audits and health equity audits and health impact assessments
11. To ensure delivery of the National Child Measurement Programme.
12. To secure the delivery of the NHS Health Check assessment.
13. To ensure appropriate access to sexual health services.
14. To ensure appropriate clinical governance arrangements are in place in respect of any clinical services commissioned, including sexual health and drug and alcohol services.
15. To maintain a particular focus on ensuring disadvantaged groups receive the attention they need, with the aim of reducing health inequalities.

Director of Commissioning – Integrated Health & Care

1. To discharge the Council’s functions with regard to the assessment of need for, and provision of, community care services in accordance with the Care Act 2014 , and any Regulations thereunder.
2. To approve expenditure on contributions towards the running costs of new meals-on-wheels schemes and luncheon clubs and variations in costs of existing schemes.
3. To act as receiver under legislation relating to mental health.
4. To approve expenditure incurred under Section 48 of the National Assistance Act 1948, in the protection of movable property of persons and to recover such expenditure where applicable.
5. To take any decision and/or develop approaches that commit Council resources that are within budget and policy to deliver better outcomes for local people to meet the requirements of the Care Act, Children’s Act and allied legislation and Public Health responsibilities, after consultation with the relevant Director and Cabinet Member.
6. To be responsible for all procurement activities and matters in respect of health and care services procured and managed via the Integrated Commissioning Unit (ICU) including:
   1. Providing advice on the CPRs;
   2. Managing procurements with an estimated contract value exceeding the Low Value Transaction threshold set out in the CPRs;
   3. Investigating and advising relevant Chief Officers in respect of incidences of non-compliance with the CPRs;
   4. Certifying that any interest which may affect the award of a contract under CPRs are acceptable or take any necessary action in respect of potential conflicts of interest and instruct that the officer should not participate in the award of the contract by the Council;
   5. Approving the appropriate procurement route for any procurement governed by public procurement law or any other legislation and make all subsequent decisions in relation to such procurement whether governed by public procurement law or not.;
   6. Authorising the nomination by the Council of specific sub-contractors;
   7. Maintaining the Contracts Register;
   8. Approving the use of framework agreements (including Crown Commercial Services and other Public Purchasing Organisations) following an assessment of the terms of the framework ensuring that it offers best value and legal compliance;
   9. Authorising below PCR Threshold extensions and variations; 
   10. Approving exemptions to the CPRs;
   11. Approving payments in advance, only with prior written approval of the Executive Director Enabling Services and Director of Legal and Governance.
   12. Approving, amending or terminating contracts with providers whose services are commissioned by the Council or jointly with partners, including the Health & Care Partnership Board.
   13. Authorising extensions and variations to a contract awarded under the Public Contracts Regulations 2015 (“PCR 2015”) where such extensions and variations are permitted by the PCR 2015.
   14. Authorising named individuals to be the Council’s nominated professional officers for inclusion in appropriate contracts.
   15. Authorising the nomination by the Council of specific sub-contractors.
   16. Approving acceptance of tenders other than the most economically advantageous.
7. To enter into partnership arrangements with Health bodies and approve future variations to the arrangements under Section 75 of the National Health Services Act 2006 after consultation with the relevant Cabinet Members and the Director of Legal and Governance.
8. Following consultation with the relevant Executive Director and Director of Legal and Governance, to extend, re-negotiate or enter into any further agreements with health bodies in relation to any funding streams allocated to the Hampshire & Isle of Wight Integrated Care Board (ICB), or successor body, or exercised within the Terms of Reference of the Southampton Health & Care Partnership Board with the specific purpose of being transferred to or from the local authority under a Section 256 or Section 76 of the NHS Act 2006 arrangement and add any such sums to the budget.
9. Any function exercised on behalf of an NHS body or Southampton Health & Care Partnership Board relating to children contained within the Health Acts.
10. To set the fees and charges associated with the Southampton Shared Lives Scheme (formally known as the Adult Placement Scheme).
11. To exercise all adult social care and health (adults and children) functions and to take any decisions falling within the Terms of Reference of the Southampton Health & Care Partnership Board between the Council and the ICB / Health Partners, subject to financial procedure Rules and approved budgets.
12. Approving, allocating and amending grants to voluntary and other organisations and making decisions to vary the budget allocation within Financial Procedure Rules.

Head of Stronger Communities

1. To take any decisions or actions necessary in relation to community safety and anti-social behaviour, including the submission of funding bids, approving projects related to community safety and anti-social behaviour, authorising enforcement action, approving specific projects to meet targets in corporate plans and any projects relating to community cohesion, tackling social exclusion and discrimination.
2. To approve, allocate, modify and amend grants to voluntary organisations, following consultation with the relevant Cabinet Members and Executive Director Enabling Services and make decisions to vary the budget allocation within Financial Procedure Rules. To liaise with the Head of Culture & Tourism to avoid duplication/ overlap with regard to Culture grants, Festivals and Events grants and any such associated grant schemes, as well as appropriateness of such awards.
3. Following consultation with the relevant Cabinet Member and the Executive Director Enabling Services, to agree for the Council to act as the accountable body on behalf of formally constituted “friends” groups, resident, tenant or community groups, or sports clubs applying for external grant funding of less than £125,000 to improve the city’s open spaces and associated assets and infrastructure. This responsibility may include procuring supplies, goods or services on behalf of the grant recipient, certifying receipt of goods and services, agreeing practical completion of site works, authorising payment of invoices, controlling and monitoring project expenditure, and keeping accurate and auditable financial records for the purpose of reclaiming project expenditure from the external grant funding body.
4. To formally sign off regeneration Delivery Plans and Funding Agreements with the appropriate Funding Agencies for all externally funded projects and programmes relating to equalities, cohesion, community safety and community involvement following consultation with the Executive Director Enabling Services.
5. To make amendments to the Partnership Terms of Reference and membership for Southampton Connect, the Safe City Partnership and the Prevent Working Group, in consultation with the relevant Partnership Chair, lead Cabinet Member & Director of Legal and Governance.
6. To liaise with the Police on matters regarding the Prevent duty and related matters.
7. To undertake any duties in respect of new work in the areas of strategy, community safety and equalities.
8. To act in all matters associated with the delivery of neighbourhood renewal, inclusion, community safety and community involvement and other programmes, partnerships or arrangements managed by external partnership bodies where the Council is the accountable body or is responsible for or is a partner in the programme, partnership or arrangement, and in particular to do so following consultation with the board or other body responsible for the management of the programme, partnership or arrangement, and to seek and replace members of such bodies.
   
   (Action should only follow appropriate consultation at the outset. Where land use and planning processes are involved this must be with the Executive Director Enabling Services, Director of Legal and Governance and the Executive Director Growth & Prosperity. Where there is existing or intended Council ownership this must include the Head of Corporate Estates & Assets.)

Executive Director Enabling Services (Section 151 Officer)

1. To have authority to take all action as is necessary or expedient to fulfil the statutory obligations under Section 151 Local Government Act 1972.
2. To vary the limit on the value of houses on which advances under the Housing (Financial Provisions) Act 1958, may be made to employees subject to existing income requirements.
3. To determine the instalment date in respect of the Statutory Instalment Scheme for the Council Tax.
4. To make arrangements with the Council’s bankers regarding the operation of the Council’s bank accounts and the terms on which they are conducted.
5. To exercise all the powers and duties exercisable by the City Council under the legislation (which for the avoidance of doubt also includes regulations, orders, etc.) concerning:
   Council Tax
   National Non-Domestic Rating
   Housing Benefit
   Council Tax Benefit
   General Rates
   
   reserving only to the Council those functions specifically precluded from delegation by legislation.
6. To approve the Council Tax Base for the City.
7. To approve the National Domestic Rates Return (NNDR1) for submission to the Government.
8. To take all and any decisions necessary or required to be taken by an officer of the Council in relation to the Council’s Treasury Management activities and to authorise all officers within the Finance Division to undertake operational Treasury Management activity consistent with those decisions and the Annual Treasury Management Strategy and treasury management practices
9. To set the mortgage interest rate for Council mortgages in accordance with the Housing Act 1985.
10. To introduce and operate a Discretionary Housing Payments Scheme in accordance with the Discretionary Financial Assistance Regulations 2001.
11. To write off any arrears accrued by tenants where the S151 officer is satisfied that:
    1. arrears arose because the tenant was given incorrect or insufficient Housing Benefit advice; and
    2. the tenant was not warned that this advice was a provisional estimate and any difference would have to be made good.
12. In relation to utility and energy related debts, to write off any debts which have been accepted and cannot be recovered.
13. To set the rent to be charged to tenants for each leased dwelling to ensure that the costs of the overall scheme are at least covered by rental income.
14. After consultation with the relevant Executive Director and the Director of Legal and Governance, to enter into business agreements for the provision of financial assistance provided by external partners in relation to the Housing Strategy or such other strategy or policy dealing with such matters.
15. To provide or arrange for the provision of financial advice to the Council, including from external sources.
16. To be responsible to the Council for the purchase, sale, realisation or exchange of investments.
17. To enter into any operating leasing agreements that might be required.
18. To write off any debts of the Council up to £200,000 and to establish, write-off limits for Council Officers and guidance for debt write-off in the case of hardship or safeguarding individuals.
19. To approve any direct debit arrangements for the Council.
20. After consultation with the relevant Executive Director to make an advance of funds to post-16 learning providers.
21. To issue a Financial Notice to Improve in accordance with the Apprenticeships, Skills, Children & Learning Act 2009.
22. After consultation with the relevant Executive Director, to use intervention powers under the Apprenticeships, Skills, Children and Learning Act 2009.
23. To act as the Council’s Money Laundering Officer.
24. To agree terms with insurers for those risks considered to be economic to transfer to the Council’s insurers.
25. Following consultation with the Council Capital Board and/or Change Authority Board and the Director of Legal and Governance, to take all decisions or actions necessary to develop, implement and deliver transformation projects approved by the Council Capital Review Group and/or Change Authority Board in line with Financial Procedure Rules including but not limited to incurring expenditure, structural re-organisations, service reorganisations and entering into contracts and partnership arrangements to deliver services as required together with all ancillary matters necessary to give effect to or conducive to the delivery of such projects.
26. To allocate and monitor S106, Community Infrastructure Levy monies in consultation with Council Capital Review Group and/or Change Authority Board.
27. To manage the Council payment terms and cash handling policy.
28. Responsibility for all procurement activities and matters (other than those in respect of health and care services procured and managed via the ICU) including:
    1. Providing advice on theCPRs;
    2. Investigating and advising Chief Officers in respect of incidences of non-compliance with the CPRs;
    3. Managing procurements with an estimated contract value exceeding the Low Value Transaction threshold set out in the CPRs;
    4. Authorising the nomination by the Council of specific sub-contractors;
    5. Maintaining and publishing the Contracts Register;
    6. Authorising named individuals to be the Council’s nominated professional officers for inclusion in strategic and key managed contracts;
    7. Approving exemptions to CPRs;
    8. Approving acceptance of tenders other than the most economically advantageous;
    9. Authorising Executive Directors to participate in contracts arranged by the Central Business Consortium member authorities;
    10. Approving the appropriate procurement route for any procurement governed by public procurement law or any other legislation and making all subsequent decisions in relation to such procurement whether governed by public procurement law or not;
    11. Approving advertisements under the PCR Procedure set out in the CPRs;
    12. Approving payments in advance, only with prior written approval of the Executive Director Enabling Services and Director of Legal and Governance;
    13. Approving and signing framework agreements ( (including those available under Crown Commercial Services and other Public Purchasing Organisations) for use within the Council following an assessment of the terms of the framework ensuring that it offers best value and legal compliance;
    14. Managing all procurement procedures above the Low Value Transaction threshold set out in the CPRs and authorising such other person or department as he or she may direct, to do so;
    15. Authorising any variations to an existing contract ICU) and if relevant, a consequent change in price, determined in accordance with the contract terms where the annual value of the variation is greater than £25,000 or 15% of the original annual contract value (whichever is the lesser);
    16. Authorising extensions and variations to a contract awarded under the PCR 2015, the Concession Contracts Regulations 2016 or the Utilities Contracts Regulations 2016 where such extensions and variations are permitted by the relevant legislation;
    17. Certifying that any interest which may affect the award of a contract under CPRs are acceptable or taking any necessary action in respect of potential conflicts of interest and instructing that the officer should not participate in the award of the contract by the Council.
29. Making arrangements for the receipt and opening of all tenders invited in accordance with the provisions of the Council’s CPRs.
30. Authorising use of contracts other than “corporate contracts” (defined as contracts procured for universal use across Council services).
31. Approving procedures specifying the requirements of CPRs and local procedures implementing those requirements.
32. Approving a regime for setting up, amending, reviewing and managing supplier lists.
33. Taking all and any decisions necessary or required to be taken by the Council under the Council’s strategic and key managed contracts, including:-
    1. the Highways Services Partnership (HSP) with Balfour Beatty Living Places Limited
    2. the Street Lighting Private Finance Initiative with Tay Valley Lighting (Southampton) Limited
    3. the CCTV and Intelligent Traffic Systems (Citywatch) contract with Balfour Beatty Living Places Limited
    4. the Leisure Services contract with Places for People Limited
    5. the Guildhall Management contract with Live Nation Limited;
    6. the Schools Private Finance Initiative with Pyramid Schools;
    7. the Waste Disposal tripartite agreement;
    8. the Commercial Waste contract with TJ Waste & Recycling Limited;
    9. the Managed Services for Temporary Agency Resources with Comensura Limited;
    10. the Client Case Management System with Careworks Limited; and
    11. all other contract designated by the Chief Executive as a strategic or key managed contract for the purposes of this delegation.
    except where the decision to be made is a Key Decision in which case the delegation may only be exercised following consultation with the Director of Legal and Governance and the relevant Cabinet Member.
34. In conjunction with the Director of Legal and Governance:
    1. keep a list of all model forms of conditions of contract that gives details of when the conditions were last updated; and
    2. review all current model forms of conditions of contract, on a regular basis including when applicable legislation is introduced.
35. To make such operational requirements as to comply with the Local Authorities (Standing Orders) (England) (Amendment) Regulations 2015 as referred to in the revised Officer Employment Procedure Rules.
36. To review the defined levels of post at which action can be taken under HR and Organisational Development procedures, including termination of employment, consistent with changes in the Council’s organisational structures.
37. To approve changes in the designation of posts.
38. To apply, vary or end the payment of a market supplement provided that funding is available within divisional budgets, following consultation with the relevant Cabinet Member.
39. Following consultation with the relevant Executive Director, to approve the payment of honoraria.
40. To determine applications for the re-assessment of the grade of posts, whether initiated by management or an employee.
41. To review and vary the value of long service awards, following consultation with the relevant Cabinet Member.
42. To review and update the level of allowances paid to employees in accordance with the conditions of service, eg the allowance paid to appointed first aiders, following consultation with the relevant Cabinet Member.
43. Provided that the cost can be met from within existing budgetary provision and the maximum of the grade is not exceeded, to authorise up to two accelerated increments following examination success or for other reasons.
44. To authorise the allocation and payment of car allowances.
45. To authorise any advancement against salary payments.
46. To approve payments of up to twice the maximum salary of spinal column point 21 in respect of the Personal Injury Scheme, following consultation with the relevant Cabinet Member.
47. To vary the amount of trade union facility time approved corporately, subject to the availability of finance, following consultation with the relevant Cabinet Member.
48. To appoint officers for the implementation of the Council’s functions as prescribed by Procedure Rules and Recruitment Policy.
49. To agree an overlap period for the appointment of employees provided the necessary finance is available within service budgets.
50. To authorise the appointment of temporary employees provided that the necessary finance is available within service budgets or financed from external sources.
51. To approve and authorise overtime in accordance with the scheme of allowances, subject to the necessary finance being available.
52. To authorise attendance of employees on courses of study for an initial or second qualification, together with the granting of financial assistance towards approved expenses, in line with Council.
53. Subject to budgetary provision, to approve the attendance of employees at conferences, courses and seminars.
54. To approve payment of subscriptions for membership of professional associations (only one per employee) when the job description specifies that such membership is obligatory.
55. To authorise subsistence payments in accordance with the Council’s approved schemes.
56. To approve an occasional payment to an employee where a Service has a need for language interpretation where the number of occasions on which the additional skills are required are minimal in accordance with the defined rate of payment, and to approve payment where either there is a substantial use of language interpretation skills or the service requires the language skills to be made available on demand.
57. To authorise up to 18 days paid leave of absence per annum for employees undertaking public duties and to approve additional paid or unpaid leave up to a maximum of 10 days.
58. To authorise up to 28 days paid leave of absence per annum for employees undertaking duties as a Member of a relevant Council (Local Government and Housing Act 1989).
59. To authorise leave of absence without pay for over three months for post entry training or for other reasons.
60. To grant compassionate leave of up to six days.
61. To grant compassionate leave in excess of six days.
62. To approve other special leave, with or without pay.
63. To grant extensions of sick pay in excess of standard policy terms at either full or half pay dependent on the circumstances.
64. To decide each new request for paid time off work for trade union activities or for training or for time off work without pay for trade union duties.
65. To undertake and discharge the roles of Proper Officer in respect of the appointment or dismissal of statutory and non-statutory Chief Officers and Deputy Chief Officers and Executive Directors.
66. To lead on all aspects of organisation design of the Council to ensure it remains fit for purpose.
67. In respect of the resolution dated 16th April 2002 of Employment Panel regarding Appointment and Dismissal of Chief Officers and Executive Directors to implement and adopt arrangements in the event of exceptional circumstances and following consultation with the relevant Cabinet Member.
68. To consider and resolve any redundancy, severance payments and early release of pension benefits after consultation with Executive Director Enabling Services and Director of Legal and Governance (requests from schools will be required to submit a business case).
69. To approve changes in the number (full time equivalents) or grades on the organisational structure of directorates, where such changes are within overall employee costs, financed from external sources or from ongoing service budgets, and where accommodation is available, following consultation with the relevant Cabinet Member.
70. To make payments to staff in accordance with the adopted Policy Statement on Discretionary Severance and Payments arrangements where an unreduced pension is payable and where there is no discretionary element, after consultation with the Executive Director Enabling Services.
71. To call off of frameworks which have been procured in accordance with the CPRs for IS/IT products and services.
72. To approve changes and exceptions to IS/IT Corporate Standards and Policy.
73. To enter into professional IT memberships in the interests of the Authority.
74. To initiate projects to explore new technology opportunities for the Authority, subject to appropriate budgetary provision.
75. Enter into any arrangements necessary in the event of a disaster recovery situation affecting IT, and to approve exemptions to CPRs for emergency disaster recovery work for IT services and provision in the best interests of the Authority, following consultation with the Director of Legal and Governance and the appropriate Executive Director and Head of Supplier Management.
76. To produce and vary IT procedures, including IT ordering procedures provided these do not conflict with Financial Procedure Rules or CPRs subject (in respect of ordering / contractual issues) to the agreement of the Executive Director Enabling Services and the Head of Supplier Management.
77. To review annually or at any such other periods as may be considered necessary, all IT plans and risks associated with them following consultation with Executive Directors.
78. To prepare or approve the form and content of all IT plans, proposals, policies, standards, strategy and acquisitions.
79. To approve dispensation for those not able to adopt IS/IT Corporate Standards, policies or strategy.

HROD

• 7.80 Following consultation with the relevant Cabinet Member, to negotiate and adopt revised personnel procedures and associated conditions of service where there is no change in policy or strategy.
• 7.81To approve any variations or changes to the approved pay and allowances framework.
• 7.82To delete posts from the organisational structure. Any other variations in the organisational structure are subject to approval from the appropriate Executive Director.
• 7.83To lead on all aspects of organisation design of the Council to ensure it remains fit for purpose.

RISK AND INSURANCE

• 7.84 To review annually or at such other periods as is considered necessary all risks and insurances following consultation with appropriate Executive Directors and make arrangements and agree terms with insurers for those risks considered to be economic to transfer to the Council’s insurers.
• 7.85To support service areas and EMB in the management of operational and strategic risk.
• 7.86To arrange appropriate risk financing measures and provide advice and guidance on the extent of insurance or self-insurance arrangements.
• 7.87Where appropriate, to arrange the placement of cover with insurers including the negotiation of premium rates and policy terms.
• 7.88To provide and manage a claims handling service to process claims made by directorates and by members of the public

Chief Internal Auditor

1. To act as the Council’s Chief Internal Auditor in accordance with the Accounts and Audit Regulations 2015 (as amended) and the Public Sector Internal Audit Standards.
2. To approve, prepare and maintain anti-fraud, bribery and corruption and other associated Council policies.
3. Acting as a nominated contact under the Council’s Whistleblowing Policy, Bribery Act Policy and Anti-Money Laundering Policy, including undertaking the role of the Council’s Money Laundering Reporting Officer (MLRO) reporting into the Council’s Money Laundering Officer.

Director of Legal and Governance

The Director of Legal and Governance is the Monitoring Officer for the purposes of Section 5 Local Government and Housing Act 1989 and is the Officer appointed to discharge the Council’s legal affairs.

1. To provide or arrange for the provision of legal advice to the Council, shared services, partner bodies and organisations, etc including obtaining Counsel’s opinion and instructing external solicitors or counsel as appropriate
2. To commission, monitor and approve all reports for submission to any decision-making body of the Executive, the Council, Committees, Panels and Sub-Committees and to ensure their compliance with all the Procedures and other rules contained within the Constitution and with Corporate Standards and legal and financial requirements, following consultation with Executive Directors and the Executive Director Enabling Services:
   1. defining the overall standards to be adhered to for that particular service area; and
   2. commissioning advice on changes to policy.
   3. To approve changes to Level 1 and Level 2 strategies and plans following consultation with the Leader and relevant Cabinet Member.
3. To undertake all functions delegated to any Executive Director or Head of Service under the management or control of the Director of Legal and Governance.
4. To approve the disposal of assets belonging to deceased residents to persons entitled to them after payment of proper claims on account of funeral expenses or sums due to the Council.
5. To authorise the removal of parts of the body of deceased residents in accordance with the wish expressed by the resident during lifetime (where the Council is lawfully in possession of the body).
6. To take any consequent decision regarding the development and implementation of a specific spending plan for the Common Assessment Framework project after consultation with the relevant Cabinet Member and the Executive Director Enabling Services.
7. To be any Proper Officer, required by any legislation.
8. To fill vacant Executive appointments following consultation with the Leader.
9. To undertake, appoint and vary the appointment of any Proper Officer required by any legislation.
10. To receive and consider a certificate received under Section 47(2) National Assistance Acts 1948 and 1951 to make an application for an order for removal.
11. To approve designated deputies to carry out the functions of a Proper Officer for the purposes of Section 47 National Assistance 1948 and Section 1 National Assistance (Amendment) Act 1951.
12. In the absence of any other Officer with delegated powers, Committee or Sub-Committee, to perform the Council’s powers and duties in respect of:
    1. Coroner Services;
    2. Magistrates' Court Committee;
    3. Probation Service;
    4. Hampshire Combined Fire Authority.
13. To amend the Constitution pursuant to any decision of the Council or where any change in the law requires a consequential change in the body of the Constitution.
14. To take any action necessary or appropriate in relation to Corporate Governance, Standards, the Ethical Framework or any other related issue to Members, ethics, qualification and disqualification, and in this context, subject to any decisions of the Governance Committee, to take any consequential action arising from a breach of the Code of Conduct for Members / Employees, and any other related provisions or issues.
15. To determine all matters delegated to in his/her capacity as Proper Officer under the Council’s Constitution, which may be amended from time to time, including delegations under the following rules:
    • Council Procedure Rules
    • Executive Procedure Rules
    • Overview and Scrutiny Procedure Rules
    • Budget and Policy Framework Rules
    • Access to Information Rules
16. Following consultation with the Executive Director Enabling Services, to grant specific indemnities to supplement the Standard Indemnity (as amended) where considered that the form of the Standard Indemnity (as amended) provides insufficient protection for the needs of the Council, Members and/or officers in question.
17. To undertake all functions and responsibilities not the responsibility of other officers associated with the Access to Information provisions contained within the Local Government Acts 1972 and 2000 (and regulations made thereunder).
18. To determine the fees and charges for local elections in accordance with the decision of the Hampshire and Isle of Wight Election Fees Working Party.
19. To produce and revise Corporate Standards, Codes of Conduct, Special Procedures and Protocols and any other appropriate documentation, whether associated with the Constitution or not for Officers, Members and third parties as appropriate.
20. To sign or endorse any documents on behalf of the authority where so requested by a citizen, eg authentication details, etc.
21. To issue and certify all forms of authorisation, including identity cards, for all Council officers and employees.
22. To certify as a true and correct record any documents in accordance with Section 229 Local Government Act 1972.
23. To implement the Incident List and Exclusion Policy and to issue and vary a procedure under which the Council shall operate said policy.
24. To hold and monitor use of the Council’s copy of the electoral register, pursuant to Regulation 107 of the Representation of the People (England and Wales) Regulations 2001 (as amended).
25. Approve the model forms of conditions of contract and, in conjunction with the Head of Supplier Management:
    1. keep a list of all model forms of conditions of contract that gives details of when the conditions were last updated;
    2. review all current model forms of conditions of contract, on a regular basis including when applicable legislation is introduced.
26. To carry out all functions and responsibilities associated with the Local Land Charges Act 1975, any subsequent legislation or regulations and the Council’s responsibilities for maintaining and operating the Register of Local Land Charges including, but not limited to, the setting of fees.
27. To enter into agreements on appropriate terms and conditions on behalf of the Council, as the lead organisation and responsible recipient of any grant funding received.
28. To enter into grant agreements for the award of grants derived from Government funded regeneration programmes up to £100,000 in value and to determine when a legal charge is required on property to secure the repayment of any grant awarded.
29. Power to institute criminal or civil proceedings for non-compliance with notices issued under Part VII of the Town and Country Planning Act 1990.
30. To take any action (including, but not limited to, issuing, withdrawing, waiving, enforcing and cost recovery) after consultation with the relevant Executive Director pursuant to the Anti-Social Behaviour Act 2003 (High Hedges).
31. To prepare, approve, conclude, sign or seal all legal documentation for the Council.
32.  
    
    1. To investigate, institute or authorise legal proceedings and to prosecute and defend any proceedings brought by or against the Council or take any other action necessary to protect the legal position of the City Council.
    2. In respect of all statutory and common law offences referred to within this scheme, where deemed appropriate and reasonable to institute, or authorise legal proceedings and prosecutions where the cause of action arises or the place of offence is outside of Council boundaries where such action deliver a benefit to the residents of the City of Southampton.
33. To appear and to authorise officers including those not within the managerial control of the Director of Legal and Governance to:
    1. issue statutory notices or documents under any legislation, and
    2. appear on behalf of the Council in proceedings in the County Court,
    pursuant to Section 60 County Courts Act 1984, as amended by s125 (7) of County and Legal Services Act 1990, and in the Magistrates’ Court pursuant to Section 223 Local Government Act 1972 or other courts or tribunals at his/her discretion.
34. To settle any claim whether proceedings have been initiated or not, up to £250,000 following consultation with the Executive Director Enabling Services. This excludes insurance claims and matters dealt with by partners such as Balfour Beatty LP.
35. To determine Council, Committee and Executive decision-making administrative procedures and the timetable for meetings in so far as they relate to the notice of key decisions, Forward Plan, despatch of agendas and compliance with the Local Government Acts 1972 and 2000 (and regulations made thereunder) and compliance with the Council’s Rules of Procedure.
36. To sign on behalf of the Council, Members’ Declaration of Interest forms and to maintain any statutory or voluntary registers of Members’ interests.
37. To make appointments to the role of Designated Independent Person under the Localism Act 2011.
38. To determine applications made under the Assets of Community Value (ACV) regulations.
39. To determine the eligibility and suitability of applicants and to appoint a pool from which the members of the Independent Education Appeals and Review Panels are to be drawn.
40. To determine the category of members of the pool (lay or independent members) and to maintain a list of pool members.
41. To appoint three members of the pool to sit as an Independent Education Appeal or Review Panel and to appoint one of their number to act as chair of the panel when constituted.
42. To act as Clerk to the Independent Education Appeal and Review Panels and to appoint officers to act as clerks at hearings of the Panels.
43. Following consultation with Group Secretaries, to fill vacancies on all appointments to outside bodies and organisations that arise subject to changes being reported to the next Council meeting.
44. To appoint members nominated by external organisations to any bodies set up under statutory requirements, partnership or other arrangements, excluding members of the Council.
45. To take any action necessary or appropriate in relation to the operation of the Lord Mayor’s Office, in relation to the activities or functions organised on behalf of or involving the Lord Mayor and/or Sheriff.
46. To grant a civic reception or luncheon following consultation with the Lord Mayor.
47. To make arrangements for the appointment, operation and remuneration of an Independent Remuneration Panel to recommend the level of allowances paid to Members.
48. To determine the eligibility of Members and others and authorise payment to those entitled to such allowances.
49. To revise the Members’ Allowance Scheme in line with changes to the National Minimum Wage and any other change to the rate identified in the Scheme.
50. To determine the political balance requirement in respect of the membership of any bodies within the scope of the provisions of the Local Government and Housing Act 1989.
51. To authorise the temporary replacement of Committee and Sub-Committee members in accordance with the published procedure under Council Procedure Rules.
52. To issue a direction to unauthorised campers to leave land and to request an Order from the Magistrates Court if the direction to leave is not complied with, pursuant to Section 77 Criminal Justice and Public Order Act 1994.
53. To grant authorisations for the dissemination of information under Section 142 Local Government Act 1972 and Section 115 Highways Act 1980.
54. To grant permissions, consents and licences under the Highways Act 1980 for the provision of services for the benefit of the public, eg recreation and refreshments on the highway, construction of bridges, cycle facilities, highway amenities, etc.
55. To undertake the Council's functions under the Commons Registrations Act 1965 and any subsequent or ancillary legislation, in so far as the power to register common land, town, or village greens is exercisable solely for the purpose of giving effect to (a) an exchange of lands affected by an order under Section 19(3) of, or paragraph 6(4) of Schedule 3 to, the Acquisition of Land Act 1981 (c.67), or (b) an Order under Section 147 of the Inclosure Act, 1845 or Section 16 / 17 of the Commons Act 2006.
56. To determine all matters arising from the Local Government & Social Care Ombudsman) in whatever manner is appropriate, including agreeing appropriate remedies to complaints on behalf of the Council.
57. To enter into legal agreements pursuant to Section 38 and 278 Highways Act 1980, where a decision has been taken to grant planning consent or resolved to grant planning consent subject to the completion of the appropriate highway agreements.
58. All functions, powers and duties under the Wildlife and Countryside Act 1981 as amended by the Countryside and Rights of Way Act 2000 and other legislation and guidance in relation to Rights of Ways and associated functions.
59. All functions, powers and duties under the Wildlife and Countryside Act 1981 as amended by the Countryside and Rights of Way Act 2000 and other legislation, including but not limited to duty to keep a definitive map and statement under review.
60. To take action, where necessary, under section 149 of the Highways Act 1980 to undertake prosecutions to remove obstructions from footpaths and pavements.
61. Power to issue notices under Part VII of the Town and Country Planning Act 1990.
62. To enter into any necessary planning obligations on behalf of the Council prior to the grant of planning permission.
63. Power to agree and recommend the terms of variation or enter into any Deed of Variation for a planning obligation where the overall effect of the planning obligation is still achieved.
64. To obtain information about people interested in land under Section 16 of the Local Government (Miscellaneous Provisions) Act 1976.
65. To make any order, notice or decision, grant any license, make any charge or take any enforcement action considered necessary or expedient pursuant to Clean Neighbourhood and Environment Act 2005 and all associated secondary legislation.
66. To prepare, approve, conclude, sign or seal all legal documentation for the Council.
67. To recover all debts with the exception of outstanding general rates, community charges, national non-domestic rates, Council tax, mortgages and rent arrears.
68. To sign or endorse any documents on behalf of the authority where so requested by a citizen, eg authentication details, etc.

Data Protection Officer

1. To act as the Council’s Senior Information Risk Officer.
2. To take all action pursuant to information law including, but not limited to the Data Protection Act, GDPR (or equivalent), Freedom of Information Act 2000, the Regulation of Investigatory Powers Act 2000 and all relevant secondary legislation and guidance.
3. To make decisions in respect of the use and release of digital images and other data arising from CCTV equipment under the control of the division, including responding to requests from the police, insurers, media and members of the public.

Executive Director: Growth & Prosperity

1. To enter into professional memberships in the interests of the authority.
2. To liaise Government agencies and with relevant authorities in Hampshire, PfSH, Solent Transport, Transport for the South East, Solent Freeport Co and the Solent LEP (or successor organisations) on strategic spatial planning, transport, economic development, skills and energy issues and flood risk management.
3. To determine fees and charges under the Building (Local Authority Charges) Regulations, after consultation with the BC Partnership.
4. To issue and refuse safety certificates, under the Safety at Sports Grounds Act 1975 and Fire Safety and Safety of Places of Sports Act 1987.
5. Power to obtain information under Section 330 of the Town and Country Planning Act 1990 about interests in land or under section 171C Town and Country Planning Act 1990.
6. Following appropriate consultation with the relevant Cabinet Member, the relevant spokespersons of other political groups  and where appropriate, with members of partner authorities to prepare “proofs of evidence” presented on behalf of the Council to any relevant examination or inquiry.
7. To monitor the application of the Planning Enforcement Policy, conduct any necessary reviews of the policy and, after consultation with the Director of Legal and Governance, to make any changes to the policy necessary.
8. To formally sign off regeneration Delivery Plans and Funding Agreements with the appropriate Funding Agencies for all externally funded projects and programmes relating to equalities, cohesion, community safety and community involvement following consultation with the Executive Director Enabling Services.
9. To determine applications for registration under s4 of the Hampshire Act 1983.
10. To authorise officers to exercise powers of entry in respect of the Town and Country Planning Act 1990, including section 196A, section 214B and section 324 relating to their functional responsibilities.
11. To appoint officers for the implementation of the Council’s functions under all relevant legislation under which the Executive Director: Growth & Prosperity is empowered to act.
12. To authorise the institution of legal proceedings for the contravention or failure to comply with notices served under the legislation under which the Executive Director: Growth & Prosperity is empowered to act.
13. In relation to Examination of a Neighbourhood Development Plan in accordance with s.38A of the Planning & Compulsory Purchase Act 2004 and Schedule 4B of the Town & Country Planning Act 1990, to determine whether or not the procedural requirements for the preparation of the Plan have been met, to take all action necessary to consult on the Plan, to prepare, following consultation with the relevant Cabinet and Ward Members, the Council’s comments on the Plan and to submit the Plan together with all ancillary documents for Examination.
14. To take all action necessary to receive, process, carry out statutory consultation on and to determine any application for designation of a neighbourhood area received in accordance with Sections 61G and 61H of the Town & Country Planning Act 1990.
15. To determine applications for exceptional relief from, and applications to deliver payment in kind for, Community Infrastructure Levy, following consultation with the relevant Cabinet Member, Executive Director Enabling Services and Director of Legal and Governance.
16. To undertake all functions in relation to planning, transport planning, flood risk management, energy management and sustainability exercisable by the Council.
17. To change the decision-making body and managerial responsibilities for any property within the relevant portfolios in line with any amendments to the terms of reference for Executive decision-making bodies, Committees and Sub-Committees, following consultation with the Executive Director Enabling Services and Head of Corporate Estates & Assets.
18. In relation to Environment and Transport functions, to enter into any partnership and governance arrangements with external organisations, contribute to any work in the preparation of strategic plans.
19. To agree the settlement of both capital and revenue elements of the concessionary fares schemes in accordance with DfT guidance and the Council’s own appeals procedures, following consultation with the Executive Director Enabling Services, the Director of Legal and Governance and the relevant Cabinet Member.
20. To manage the Renaissance Board administration.

Head of Transport & Planning

1. To liaise with relevant authorities in Hampshire, PfSH, the Solent LEP and the Environment Agency on flood and coastal erosion risk management issues.
2. To represent the Council as a Lead Local Flood Authority on flood defence, coastal defence and European Marine Site Management Group including the Southern Regional Flood and Coastal Committee, Association of SuDS Authorities and Southern Coastal Group.
3. To enter into, vary and determine public transport contracts in order to optimise the delivery of transport policy objectives and maintain reliable services.
4. To liaise with and respond to consultation from neighbouring authorities, from public transport operators and public transport infrastructure providers on transport services, routes and timetables and other bodies on local and strategic transport matters including infrastructure projects, public transport services, routes and timetables, and implications.
5. Following consultation with the Director of Legal and Governance:
   1. to introduce temporary road closures and other temporary traffic restrictions on the highway;
   2. to maintain a list of all closures authorised under this delegated procedure, including the reason for the restriction and its predicted and actual duration.
   3. Authority to enter into agreements, approve plans, inspect works and require reasonable fees from developers on behalf of the Council, as highway authority, when negotiating works agreements for the adoption of highways under Sections 38 and 278 of the Highways Act 1980;
   4. To agree to the adoption of new highways arising from new development under Section 38 of the Highways Act 1980 by the Council as highway authority;
   5. To issue and serve notices under the Advance Payment Code of the Highways Act 1980;
   6. To inspect Private Streets and where necessary instruct the Director of Legal and Governance to serve notices where required for the repair of such streets.
   7. To initiate works in default of compliance with the requirements of such notices;
6. Authority to do anything necessary on behalf of the Highway Authority to give effect to decisions relating to Sections 37, 38 and 278 of the Highways Act, 1980, including entering into agreements, approving plans, inspecting works and requiring the necessary fees from developers when negotiating works and agreements for the adoption of highways on behalf of the Highway Authority.
7. To determine and vary the Capital Programme in accordance with the policies and other criteria set by the Authority.
8. To serve notice requiring payment for works carried out in default and execute work in default of compliance of any notice served and to demand the recovery of expenses incurred by the local authority.
9. To act as “Engineer”, “Employer” or any designation attributable to any other officer under a standard form of contract or partnership arrangement for the purposes of engineering contracts let by the authority.
10. To issue street works licences and permits to control street works and roadworks carried out on the public highway.
11. Following consultation with the relevant Cabinet Member, annually review the Transport Asset Management Plan.
12. To issue permits allowing vehicles into “Pedestrian Only” streets in order to carry out essential works.
13. To agree street naming and numbering.
14. To act as Traffic Manager to meet the duty of the Traffic Management Act 2004 and ensure that the road network in Southampton is properly managed.
15. To grant use of the Above Bar pedestrian precinct and Bargate pedestrian area in accordance with conditions laid down and Part VIIA of the Highways Act 1980 where applicable, and where appropriate to make a proper charge.
16. To make any order or decision, grant any consent or licence or take any ancillary action and enforcement (including setting, varying and removing charges), relating to highways and traffic management and parking matters such as but not confined to, Traffic Regulation Orders, under the following legislation, subject to the right of appeal to the Appeals Panel by any person permitted under the relevant legislation to object to the making of any such order or decision:
    • Anti-Social Behaviour Act 2003
    • Clean Neighbourhood and Environment Act 2005
    • Countryside and Rights of Way Act 2000
    • Crime and Disorder Act 1998 (Section 17)
    • Criminal Justice and Public Order Act 1994
    • Disabled Persons Badges Act 2013
    • Gambling Act 2005
    • Hampshire Act 1983
    • Highways Act 1980
    • Licensing Act 2003
    • Local Government Act 1972 (Section 111)
    • Local Government Act 2000 (Section 2)
    • Local Government (Miscellaneous Provisions) Act 1976
    • New Roads and Street Works Act 1991
    • Public Health Act 1875
    • Public Health Act 1925
    • Refuse Disposal (Amenity) Act 1978
    • Road Humps Regulations 1990
    • Road Traffic Act 1988 (re cycle races)
    • Road Traffic Act 1991
    • Road Traffic Regulation Act 1984 (including orders made under Pedestrian Crossings Regulations and Traffic Signs Regulations and General Directions)
    • Transport Acts 1985 and 2000
    • Road Traffic Regulation (Special Events) Act 1994
    • Road Traffic (Temporary Restrictions) Act 1991
    • Scrap Metal Dealers Act 2013
    • Town and Country Planning Acts
    • Town Police Clauses Act 1847
    • Traffic Calming Act 1992
    • Traffic Management Act 2004
    • Transport Acts 1985 and 2000
17. To exercise the Councils functions, roles, duties and powers relating to the Land Drainage Act 1991, Flood and Water Management Act 2010 and Coastal Protection Act 1949. 
18. Giving advice or recommendations to Local Planning Authority on development plans or applications as Lead Local Flood Authority in line with requirements of the Town and Country Planning (Development Management Procedure) (England) Order 2015 and Flood and Water Management Act 2010. 
19. To determine applications for drainage approvals and issue ordinary watercourse land drainage consents under the Land Drainage Act 1991. 
20. To serve notice and carry out enforcement proceedings against contraventions under the Flood and Water Management Act 2010 and the Land Drainage Act 1991 as amended, which may include carrying out work and recovering costs from the offender. 
21. To designate any structure or feature which may affect flood risk, to determine applications to alter or remove designated features under the Flood and Water Management Act 2010, and take enforcement action against unconsented activity which may affect a designated structure or features. 
22. Approve the publication of the register of flood risk structures or features under Section 21 of the Flood and Water Management Act 2010. 
23. Approving the publication of formal flood investigations undertaken under Section 19 of the Flood and Water Management Act 2010. 
24. To prepare, implement and monitor a Local Flood Risk Management Strategy for local sources of flood risk under the Flood and Water Management Act 2010, and a Preliminary Flood Risk Assessment under the Flood Risk Regulations 2009. 
25. Exercise power to obtain information relating to flood risk under the Flood and Water Management Act 2010. 

Service Manager: Development Management

1. To exercise all Planning functions exercisable by the Council in its capacity as a local authority.
2. To determine planning applications and any other applications, submissions, consents, etc required to be made and to be determined by the Local Planning Authority subject to the following restrictions:
   1. For applications for planning permission (therefore, applications for advertisement consent, prior approval, time limited applications, lawful development certificates, etc are excluded) that fall within the major, minor or other category (as defined by the Government), and where within the standard 21-day publicity period a request made in writing on the prescribed Call-in Form, giving valid and material planning grounds, by a ward member of the ward in which the application site predominantly falls, or where at least five written letters of representation (where such representation is contrary to the officer’s recommendation) on valid and material planning grounds have been received from five different individuals within the administrative ward of the City the development lies shall be brought to the Planning and Rights of Way Panel meeting for consideration. If a request by a member is received after the publicity period, or the necessary five independent properly addressed letters of representation (where such representation is contrary to the officer’s recommendation) are received after the publicity period, the consideration of referral to the Panel will be at the discretion of the Service Manager – Development after consultation with the Chair of the Planning and Rights of Way Panel;
   2. Where officers recommend approval where the proposal is contrary to the development plan and where three or more objections are received in writing from at least three different individuals;
   3. applications which are considered to be of particular interest, strategic importance or wider public interest shall be referred to the Planning and Rights of Way Panel by the Head of Development;
3. Where appropriate, to instruct the Director of Legal and Governance to serve any notices in pursuance of regularising breaches of planning (and other relevant legislation), commence court proceedings and to complete or seal agreements, , in respect of (but not restricted to) the following:
   1. Notices under Section 215 of the Town and Country Planning Act 1990 (Amenity Notices);
   2. Notices under Section 171 of the Town and Country Planning Act 1990 (Planning Contravention Notices);
   3. Notices under Section 187A of the Town and Country Planning Act 1990 (Breach of Conditions Notices);
   4. Notices under section 172 of the Town and Country Planning Act 1990 (Enforcement Notices)
   5. To institute emergency proceedings to take necessary enforcement action to restrain breaches of planning control (including listed building control), under section 171E (temporary stop notices); section 183 (stop notices); section 187B (injunctions restraining breach of planning control) of the Town and Country Planning Act 1990; section 44A of the Listed Buildings Act 1990 (injunctions restraining breach of listed building control); section 214A (injunctions in relation to tree preservation orders), following consultation with the Director of Legal and Governance ;
   6. Directions under Article 4 of the General Permitted Development Order 1995 removing development rights to demolish a building upon a receipt of a predetermination application subject to a report for confirmation being submitted to a subsequent meeting of the Planning and Rights of Way Panel;
   7. Hazardous substances contravention’s notices;
   8. Revocation or modification of Hazardous Substances Consents;
   9. Prosecution for illegal display of advertisements;
   10. To decide whether an assessment and environmental statement is required under the Environmental Assessment Regulations; and to respond to requests for screening and scoping opinions under those Regulations;
   11. To decide whether development is likely to have a significant effect on land protected under international designation; and to carry out appropriate assessment as required by the Habitat Regulations where the Council is the competent authority;
   12. To authorise persons to enter any land without a warrant or under warrant in accordance with Sections 196A and 196B of the Town and Country Planning Act 1990 or under section 324 of the same Act;
   13. To authorise the Director of Legal and Governance to sign unilateral undertakings, or enter into agreements under Section 106 of the Town and Country Planning Act 1990, to undertake deeds of variation and subsequently amend any terms previously agreed, unless the Planning and Rights of Way Panel has asked for those discussions to be referred back to it;
   14. Authority to enter into agreements (following consultation with the Head of Transport & Planning), approve plans, inspect works and require reasonable fees from developers on behalf of the Council, as highway authority, when negotiating works agreements for the adoption of highways under Sections 38 and 278 of the Highways Act 1980, to agree to the adoption of new highways arising from new development under Section 38 of the Highways Act 1980 by the Council as highway authority, to authorise the Director of Legal and Governance to sign unilateral undertakings, or enter into agreements under Section 106 of the Town and Country Planning Act 1990 and to undertake deeds of variation and subsequently amend any terms previously agreed, unless the Planning and Rights of Way Panel has asked for those discussions to be referred back to it
4. Power to issue Planning Enforcement Notices under any planning or listed building legislation, subject to the preparation of an enforcement report and Planning and Rights of Way Panel and Ward members not requiring a report to the Planning and Rights of Way Panel.
5. Power to issue a certificate of existing or proposed lawful use or development (Sections 191(4) and 192(2) of the Town and Country Planning Act 1990).
6. To act in all matters associated with the delivery of neighbourhood renewal, inclusion, community safety and community involvement and other programmes, partnerships or arrangements managed by external partnership bodies where the Council is the accountable body or is responsible for or is a partner in the programme, partnership or arrangement, and in particular to do so following consultation with the board or other body responsible for the management of the programme, partnership or arrangement, and to seek and replace members of such bodies.
7. NB: Action should only follow appropriate consultation. Where land use and planning processes are involved this must be with the Executive Director Enabling Services, Director of Legal and Governance and the Executive Director Growth & Prosperity.  Where there is existing or intended Council ownership this must include the Head of Property.
8. To review and determine applications for buildings to be added or removed from the Council’s list of locally important historic buildings known as the ‘Local List’ following consultation with the relevant Cabinet Member.

Service Manger: Building Control

1. To represent the Council and recommend decisions on building control operational issues at the Building Control Governing Board set up to manage the Partnership between Southampton and Eastleigh.
2. Discharge, save for any reservations shown below, the powers set out in the paragraph following the reservations.
   
   The powers referred to above shall not include the following:
   1. powers where an individual officer is required by law to hold a relevant qualification and that officer does not hold that qualification;
   2. powers which fall outside the individual’s actual authority as determined by his/her post or are not covered by an instruction by management; or
   3. any other situation where an individual officer is prevented, for whatever proper reason, from exercising that power.
   The powers that may be exercised include, without prejudice to the generality of the following, the power to serve (which term includes signature and issue) notices and the power to exercise any statutory (or common law) power conferred by the legislation referred to below, including any subordinate legislation, ie Regulations, Orders and Byelaws etc, made thereunder.  Such powers will also extend to legislation (primary and subordinate etc.) not referred to below, always provided that the officer is not excluded by virtue of any reservation set out in the preceding paragraph. All of these powers are also exercisable by the Executive Director Growth & Prosperity.
3. In relation to the Building Act 1984, to:
   1. serve notice giving approval / rejection in respect of Building Regulations plans (Section 16);
   2. serve notice giving approval / rejection in respect of building over sewers (Section 18);
   3. serve notice giving approval of buildings with short-lived materials and get appropriate conditions or to reject the plans (Section 19);
   4. to reject plans for buildings with unsatisfactory drainage (Section 21);
   5. to serve notice re lapse of deposit of plans (Section 32);
   6. to carry out tests on materials and components etc for conformity with Building Regulations (Section 33);
   7. to serve notice to alter / remove work etc (Section 36);
   8. to serve notice to make satisfactory provision for drainage (Section 59);
   9. to serve notice regarding entrances, exits, etc (Section 71);
   10. to serve notice regarding means of escape in case of fire (Section 72);
   11. to serve a notice regarding the raising of chimneys (Section 73);
   12. to take any action necessary in respect of dangerous structures (Sections 77 & 78);
   13. to serve notice re ruinous dilapidated and neglected sites (Section 79);
   14. to accept notices of intention to demolish (Section 80);
   15. to serve notice requiring shoring and weatherproofing to adjoin buildings (Section 81);
   16. to enter buildings to ascertain if a breach of relevant legislation has occurred (Section 95).
4. To serve notice to require builders to open up works (Regulation 16 of the Building Regulations).
5. To serve notice and/or carry out works of boarding up of dangerous buildings (Section 29 of the Local Government Miscellaneous Provisions Act 1982.
6. To refer questions, as to whether or not certain work complies with the Building Regulations to the appropriate Government department.
7. To deal with “type” relaxations to the Building Regulations instigated by the appropriate Government department.
8. To authorise prosecution for non-compliance with notices served and non-compliance of the Building Regulations.
9. To deal with Partnership applications on behalf of other local authorities in accordance with the nationally agreed Local Authority Building Control Partnership Scheme.
10. To deal with System Approvals in accordance with the nationally agreed scheme.
11. To approve or refuse plans deposited under the Hampshire Act 1980 for the provision of a satisfactory means of escape for fire brigade vehicles and personnel, for precautions, against fire and cubic content of buildings and special precautions for underground car parks.
12. Apply and enforce regulations in relation to sustainability and security issues under the Sustainable and Secure Buildings Act 2004
13. To enter premises and issue safety certificates for sports stadia under the Safety at Sports Grounds Act 1975.
14. To issue a safety certificate for a designated stand (Section 26 of the Fire Safety and Safety at Places of Sport Act 1987).
15. To enter premises and sports grounds to serve a prohibition notice prohibiting or restricting the admission of spectators (Section 10 of the Safety at Sports Grounds Act 1975).
16. To give advice on discrimination issues including surveying the built environment as required under the Equalities Act 2010.
17. To enter premises for the purposes of consulting and advising on the licensing objectives and compliance with the Licensing Act 2003.
18. To act as authorised officers for the purposes of gaining entry for inspection of premises under the Local Government (Miscellaneous Provisions) Act 1982.
19. To make any order, notice or decision, grant any licence, make any charge or take any enforcement action considered necessary or expedient pursuant to Clean Neighbourhood and Environment Act 2005 and all associated secondary legislation, following consultation with the Director of Legal and Governance.

Head of Economic Development & Regeneration

1. To liaise with economic partnerships and other economic bodies to represent the Council’s interests on economic issues.
2. To liaise with skills partnerships and other skills economic bodies to represent the Council’s interests on skills issues.
3. To liaise with employer/sector/trade representative bodies to represent the Council’s interests on business growth issues and ways to improve business engagement and subsequent support to businesses across the city.
4. To lead, approve and oversee the implementation of an economic strategy for the city that delivers measurable outcomes
5. To approve Section 106 Employment and Skills Plans.
6. To approve the letting of contracts for the provision of learning, skills and employment support related services.
7. To liaise with economic partnerships and other economic bodies to represent the Council’s interests on economic issues.
8. To take any decisions or actions necessary in relation to Adult and Community Learning, and Employment and Skills, including the submission of funding bids, approving projects related to Community Learning, and Employment and Skills, and approving specific projects to meet targets in corporate plans.

Head of Corporate Estate & Assets

1. To deal with applications for landlord’s consent to carry out alterations, except in cases where some unusual factor is present and on which a policy decision is needed. Where consent is given, the under mentioned Standard Conditions I or II be attached as appropriate:

Standard Condition I

1. 1. Compliance in all respects with all byelaws, licences and other consents applicable to the property and, in particular, with the conditional planning permission
   2. The work to be completed in all respects to the satisfaction of the Council, which shall be evidenced by the Council’s certification to that effect.
   3. The consent as landowner shall not affect, restrict or diminish the powers or rights of the Council as a local authority.

Standard Condition II

1. 4. Compliance in all respects with all byelaws, licences and other consents applicable to the property and, in particular, with the conditional planning permission
   5. The execution of such formal deed containing such provisions to safeguard the interests of the Council as the Director of Legal and Governance may determine.
2. To approve the principle of and negotiate and agree terms of sale of freehold reversionary interests secured on individual dwellings originally constructed by either the Council or self-build groups to the owner-occupier;
3. Following consultation with the relevant Cabinet Member, to approve the terms of sale of all other property providing the consideration does not exceed £500,000. Consultation is not required for garden land sales to householders, residential freehold reversions or statutory transfers.
4. To approve terms of sale of property exceeding £500,000 in value providing the consideration does not exceed £1.5 million, following consultation with the relevant portfolio Cabinet Member and the Cabinet Member for Finance.
5. To agree with the Valuation Office Agency assessments in respect of all properties for which the Council is the ratepayer, and to make references to the Valuation Tribunal as appropriate.
6. To approve the surrender or assignment of any lease, licence, wayleave or easement by Agreement between the parties. If any lease, licence, wayleave or easement relates to properties of strategic (meaning the property or the area in which it is located is the subject of potential development or other plans), cultural, community or heritage interest, this must be done after consultation with the relevant Cabinet Member.
7. To approve terms for acquisition of land pursuant to an authorised agreement under Section 106 Town and Country Planning Act 1990, or as a condition in a planning consent provided there are no abnormal or onerous liabilities attached to the acquisition, the purchase price is nominal and there is finance allocated for ongoing maintenance.
8. To approve variations to the terms of leases, licences, easements or wayleaves, covenants or any other transaction when the consideration for the variation does not exceed £100,000 per annum or a premium payment of £1,000,000, and where the Council is incurring the additional consideration, provided sufficient finance is available. If leases, licences, easements or wayleaves, covenants or any other transaction relates to properties of strategic (meaning the property or the area in which it is located is the subject of potential development or other plans), cultural, community or heritage interest, then this must be done after consultation with the relevant Cabinet Member.
9. To approve the following up to the financial limits specified, subject to sufficient finance being available:
   1. easements and wayleaves granted by or granted to the Council;
   2. disturbance claims or ex gratia payments;
   3. settlement and apportionment of well-maintained payments due under the Housing Acts where agreement can be reached with the parties;
   4. lettings up to and including on a year to year basis;
   5. any other lettings, renewals or rent / licence fee reviews provided the new / reviewed rent / fee is no more than £50,000 less than the amount previously due;
   6. the restructure of ground leases where additional rental is generated and/or where the consideration comprises wholly or partly of a premium payment and the premium does not exceed £500,000; and
   7. applications for rent reductions on Investment Property providing corresponding estate management benefits are secured by the Council and the new terms are not below market value, to be exercised following consultation with the Executive Director Enabling Services.
   If any of the above relate to properties of strategic (meaning the property or the area in which it is located is the subject of potential development or other plans), cultural, community or heritage interest, then this must be done after consultation with the Leader and relevant Cabinet Member, except where it is a short term letting which terms reflect the Council’s development plans.
10. Following consultation with the relevant Executive Director, to grant licences for works on land.
11. Following consultation with the relevant Cabinet Member, to approve the exchange of land with a third party where the Council’s existing land value is estimated to be no more than £500,000.
12. To approve the exchange of land with a third party where the Council’s existing land value is estimated to be greater than £500,000 providing the consideration does not exceed £1.5 million, following consultation with the relevant Cabinet Member.
13. To approve appropriations between relevant function areas and statutory holding powers except where public notice of the proposed appropriation is required and objections are received.
14. To approve any major alteration, demolition, refurbishment or new project on land in which the Council has an interest providing that the proposed expenditure does not exceed £1.5 million. This must be done after consultation with the relevant Cabinet Member, if this relates to properties of strategic (meaning the property or the area in which it is located is the subject of potential development or other plans), cultural, community or heritage interest.
15. To approve the temporary use of property, pending long-term use.
16. To manage the Council’s investment and general purpose property portfolios.
17. To perform all functions of the Council in respect of its responsibilities and powers under the Party Walls etc Act 1996, including the service and response to Statutory Notices, appointment of Party Wall Surveyors and compliance with all steps required by any Party Walls Award.
18. Authority to exercise the powers and duties of the Council under the Landlord and Tenant (Covenants) Act 1995.
19. To grant and sign licences in a form approved by the Director of Legal and Governance.
20. To approve the acceptance of formal tenders for land disposals, whether the highest bid or not, up to £1.5 million capital (where the principle of the disposal has already been approved) or £150,000 per annum revenue income. Consultation with the relevant Cabinet Member only required if s/he has expressed a wish to be consulted when giving approval in principle.
21. To agree compensation under Land Compensation legislation where no interest in the land is acquired by the Council.
22. To carry out site investigations and soil surveys, where necessary, to establish the development potential of vacant land subject to the availability of the necessary finance to carry out such investigations.
23. To place property on the market with a view to a disposal. Consultation with the relevant Cabinet Member is required prior to placing a property on the open market for sale.”
24. To approve the acquisition of a lease or licence in property where service areas of the Council operate partnerships with external bodies and funding is available.
25. To approve the acquisition of interests in property, provided the consideration does not exceed a premium payment of £500,000 or £100,000 per annum, provided sufficient finance is available, after consultation with the relevant Cabinet Member and the Executive Director Enabling Services.
26. Following consultation with the relevant Cabinet Member in relation to the principle, to authorise the variation of individual projects in the approved Capital Building Maintenance (non-housing) programme during its implementation, should this be required as a result of urgent or unforeseen repair needs arising, or services requirement changes.
27. To add new projects or remove projects from the approved Capital Building Maintenance (non-housing) programme project list following consultation with the relevant Cabinet Member and the Executive Director: Finance & Commercialisation.
28. To vary the timing and cost of projects already within the approved Capital Building Maintenance (non-housing) Programme as may be required, following consultation with the relevant Cabinet Members (for the Capital Programme and the building concerned, if different).
29. To approve claims for dilapidations in respect of leasehold interests granted by the Council, or granted to the Council, provided the consideration does not exceed £1 million, and provided sufficient finance is available. Where leases are granted to the Council and costs exceed £250,000, consultation with the relevant Cabinet Member must take place.
30. To authorise lease surrenders and/or renewals to Scout or Guide Groups or other community or charitable organisations which include any underlet for any purpose authorised by Section 1 Localism Act at rents less than best consideration where it is proposed to underlet to a nursery provider or similar community use.
31. Following consultation with the relevant Cabinet Member in relation to the principle, to approve lettings or lease renewals at less than best consideration where the principle of letting to the organisation concerned has already been approved (by virtue of a previous letting or any other appropriate means) or where the Council is obliged to renew a letting by virtue of Landlord and Tenant legislation.
32. Following consultation with the relevant Cabinet Member in relation to the principle, to approve lettings or lease renewals at less than best consideration for any property for up to a five year period.
33. After consultation with the relevant Cabinet Member, to enter into option agreements, disposals or any other property transactions with the Public Sector plc, to progress redevelopment and property schemes in line with the Council’s Corporate Property Strategy or such other strategy or policy approved by the Council for managing the Council’s corporate property.
34. After consultation with the relevant Cabinet Member, the Executive Director Enabling Services and the Council’s Capital Review Group and/or Change Authority Board to approve the acquisition or sale of property or other investments for the Property Investment Fund.
35. Following consultation with the relevant Cabinet Member in relation to the principle, and together with the Executive Director Growth & Prosperity and following consultation with the Director of Legal and Governance, to undertake the acquisition of land for a development scheme,
36. To approve any transaction, subject to the approval of the Executive Director Enabling Services and Executive Director Growth & Prosperity. If leases, licences, easements or wayleaves, covenants or any other transaction relates to properties of strategic (meaning the property or the area in which it is located is the subject of potential development or other plans), cultural, community or heritage interest, then this must be done after consultation with the relevant Cabinet Member.
37. To determine applications for home loss payments under the Land Compensation Act 1973.
38. Where the Council has resolved to make a Compulsory Purchase Order settle terms for the purchase of property and valid heads of claim, subject to the approval of the Executive Director Enabling Services.
39. After consultation with the Director of Legal and Governance to accept Blight Notices which are valid and which are served in respect of major development schemes proposals.
40. To make minor amendments to boundaries after consultation with the relevant Cabinet Member to disposals in respect of approved major development schemes.
41. To allow developers on to Council land to carry out site investigations subject to the granting of an appropriate licence.
42. In relation to the Housing Strategy to:
    1. alter existing or introduce new formulae to calculate loan repayment sums in respect of financial assistance packages;
    2. approve adjustments to the occupancy terms for the grant element of existing and new financial assistance packages; and
    3. approve the introduction of subsequent financial assistance packages developed, and any significant alterations to the criteria of existing packages.
    following consultation with the relevant Cabinet Member and the Executive Director Enabling Services.
43. To authorise and implement changes to the Decommissioning of Housing Stock Policy as required, following consultation with the Director of Housing, the Cabinet Member responsible and Executive Director Enabling Services.
44. To approve after consultation with the relevant Cabinet Member terms for the repurchase of property sold through the Right to Buy process and compensation payments to business tenants to facilitate site assembly for Estate Regeneration Projects, where Cabinet approval exists for these land acquisitions.
45. Following consultation with the relevant Cabinet Member responsible, Director of Legal and Governance, Executive Director Enabling Services and Executive Director Growth & Prosperity to demolish properties or dispose of land held within the Housing Revenue Account subject to best consideration being received for vacant properties, vacant sites or garages for the purposes of estate regeneration and the development of new housing.
46. Following consultation with the relevant Cabinet Member responsible, Director of Legal and Governance , Executive Director Enabling Services and subject to funding and budgetary approval being in place, to acquire land for the purposes of estate regeneration and to secure demolition of any buildings if appropriate.
47. Following consultation with the Leader, relevant Cabinet Member, Executive Director Enabling Services and the Director of Legal and Governance to accept, in accordance with Financial Procedure Rules any grant funding towards the costs of the homes and development projects and as a consequence:
    1. increase the capital budget for this project by the value of the grants received; and
    2. increase the scheme approval sums by the value of the grant received.
48. Following consultation with the relevant Cabinet Member, Executive Director Enabling Services and Director of Legal and Governance to:
    1. procure a development / investment partner or partners to redevelop the regeneration sites;
    2. enter into a development agreement to deliver the redevelopments including, if required, disposal of freehold;
    3. acquire, where terms can be agreed, adjoining parcels of land; and
    4. accept, in accordance with Financial Procedure Rules, any grant funding towards the costs of the redevelopment of the estate regeneration sites.
49. To approve home loss, disturbance and ex-gratia payments for removal expenses for displaced tenants on modernisation or major works of Council dwellings.
50. To accept written in-house bids for the maintenance and improvement of HRA buildings following consultation with the Executive Director Enabling Services.
51. To enter into suitable supplier contract arrangements for the provision of maintenance and improvement schemes and to do anything necessary to implement, subject to the formal approval of the proposed partnering arrangements by the Executive Director Enabling Services after consultation with the Director of Legal and Governance.
52. To determine appropriate officers to act as security administrators for the Homes England Investment Management System.
53. To acquire dwellings repurchased under Part XVI Housing Act 1985, following consultation with the Executive Director Enabling Services, subject to finance being available.
54. To exercise all Energy Management and Sustainability functions exercisable by the Council in its capacity as a local authority.

Head of Culture & Tourism

1. To approve the provision of new culture facilities identified and provided for in the medium-term financial plan plans subject to the proposals not requiring the appropriation or disposal of an interest in an Open Space within the meaning of Section 229 or 232 of the Town and Country Planning Act 1990.
2. To liaise with culture and tourism partnerships and other bodies to represent the interests of the Council at local, regional, national and international level, including museums, libraries, archives, archaeology, heritage, film/creative industries, skills and employment, markets and events and regeneration.
3. To lead, approve and implement in consultation with the Cabinet Member the Cultural Strategy, Destination Management Plan, Festivals and Events Strategy, Memorials Policy, Heritage Strategy and associated areas e.g. creative industries.
4. To approve, allocate, modify and amend grants to cultural, voluntary and charitable organisations, following consultation with the relevant Cabinet Member and Executive Director Enabling Services and make decisions to vary budge allocations within the Financial Procedure Rules. To liaise with the Head of Stronger Communities with regard to the Communities Chest grants, or such similar schemes, to avoid duplication and ensure appropriateness of award.
5. To work with the relevant Cabinet Member and Executive Directors on international partnerships and represent the interests of the Council, particularly with regard to cultural exchanges, events and collaborations
6. To approve the implementation of discount prices where considered appropriate to meet market conditions, to improve operational efficiency, to achieve financial benefits or to encourage participation by the Authority’s target groups.
7. To negotiate fees for hiring of indoor and outdoor entertainment.
8. To subsidise the cost of facilities for any event held at any of the Council’s cultural facilities (museums, libraries, archives, event spaces, heritage assets) in accordance with the Council’s approved terms and conditions.
9. To undertake negotiations on behalf of the Council in respect of proposed special events in the City.
10. To grant permission for the use of Speakers’ Corner at Hoglands Park, and where appropriate, to make proper charge.
11. To grant permission for events, entertainments, markets and promotional activities on public lands (including the Guildhall Square open space, Cultural Quarter and Above Bar Precinct) and, where applicable, to make appropriate charges.
12. In association with the Chipperfield Advisory Committee, to select and acquire works of art for the collection under the Chipperfield Bequest, up to the value of £125,000, subject to the necessary finance being available.
13. To select and acquire works of art for the collection under the Smith Bequest.
14. To grant permission for loans from and to the collections and to permit the reproduction of work from the collection.
15. To select works and subjects and to arrange for their reproduction for art gallery and museum purposes, subject to proper charges being made where appropriate.
16. To enter into standard agreements for the carrying out of archaeological works
17. To negotiate on and accept prices for events, including trade fees and admission charges, subject to the proviso that these conform to any relevant Council policy.
18. To revise the Implementation Plan for the Collections Development Policy (including Acquisition and Disposal Policies) for Museum Accreditation, following consultation with the relevant Cabinet Member.
19. To use the David and Liza Brown Bequest Fund for the purchase of works of art for the Art Gallery’s permanent collection in the future.
20. To grant permission for filming requests on Council land or premises, following consultation with the Director of Legal and Governance and to make a charge, where applicable.
21. To act as City liaison to promote filming at privately owned locations and to charge and retain a location finder’s administrative charge, where applicable.
22. To provide appropriate support to Culture Trust and similar bodies following consultation with the relevant Cabinet Member.
23. Ability to make operational decisions on opening / closing museum, archive and library venues due to range of factor e.g. pandemic, health and safety, staffing shortages / illness.
24. Exercise the functions of the Council including all powers and duties of the Council in terms of the following legislation and any subsequent or similar legislation or replacing or expanding legislation:
    • Cultural Property (Armed Conflict) Act 2017
    • Dealing in Cultural Objects 2003
    • Human Tissues Act 2004
    • Museums and Libraries Act 1964
    • Public Records Act 1958 (places of deposit)
    • Local Government Records Act 1962 (amended 2003)
    • Scheduled Ancient Monuments Act 1979
    • Treasures Act 1996
    • Town and Country Planning Act 1990
    • National Planning Policy Framework
    • Museums Association Code of Ethics
25. To grant, but not refuse, street trading consents in respect of Guildhall Square, except for the sale of fruit and vegetables, subject to the terms and conditions of the licence and other legal criteria as appropriate including but not limited to those indicated in Appendix 4 of the City Services Committee on 21st December 1992, to restrict the hours of occupation and operation to between 8:00 am and 9:00 pm on any day, not excluding Sunday, save as restricted by law, for up to a maximum of 30 traders at any one time and subject to any supervision of any provision that may then be in force.

Executive Director Resident Services

Blank

Director Of Housing

1. To serve Notices of Seeking Possession and/or Notices to Quit where appropriate and to take necessary action upon the expiry of such Notices
2. To institute proceedings for the recovery of possession of property and/or land occupied by squatters
3. To serve notices and to institute forfeiture proceedings to residential leaseholders in appropriate cases.
4. To evict, where lawful, necessary and expedient.
5. To authorise a one-off reduction in rent by up to a maximum of £500 where some or all of the dwelling is unusable due to major works or loss of services.
6. To authorise the sale of Council houses and flats in accordance with the Right to Buy legislation and the shared ownership scheme for all mortgagees, their management and subsequent repayment.
7. To authorise variations in shop leases, rents and terms of tenure where this is consistent with effective management of estates, contributes to social enterprise or tackling worklessness, or provides services which support the local community.
8. To authorise the repossession, under the County Court Rules 1981 of properties sold under the Right to Buy Legislation and the shared ownership scheme following default on Mortgage Payments rent and/or leasehold maintenance and major works costs.
9. To approve home loss, disturbance and ex-gratia payments for removal expenses for displaced tenants on modernisation or major works of Council dwellings.
10. To determine transfer by applications by tenants on management grounds.
11. To authorise attendance and representation of the Council at Leasehold Valuation Tribunal (LVT) for the purposes of presenting information as required and to agree decisions or proposals made through the LVT process in accordance with the Council’s legal responsibilities in the discharging of the Council’s housing functions.
12. To discharge the Council’s functions as a local housing authority in respect of the day to day routine management, maintenance, improvement and repair of properties or land held under the powers of the Housing Act 1985 or any re-enactment thereof including those properties sold under the Right to Buy Scheme and any other properties managed but not funded from the Housing Revenue Account in accordance with agreed policies and the Council’s relevant Procedure Rules.
13. To grant tenancies to people left in occupation, and joint tenancies in accordance with Annex C of the Code of Guidance on Parts VI and VII of the Housing Act 1996.
14. To determine applications made under the Leasehold Reform, Housing and Urban Development Act 1993.
15. To institute proceedings under the Protection from Eviction Act 1977.
16. To institute proceedings under Section 1 Accommodation Agencies Act 1953.
17. To allocate acquired properties, hostel accommodation and property allocated for short life. In addition, in exceptional circumstances, to approve the permanent rehousing of applicants, both to be exercised outside the Council’s Points Scheme.
18. To discharge the Council’s functions and duties under Part III Housing Act 1985 and Part VII of the Housing Act 1996 (homelessness) and to make all administrative decisions in this regard.
19. To let empty acquired properties to housing co-operatives or Housing Associations for housing use and to obtain any necessary consent, following consultation with the Executive Director Enabling Services.
20. To grant secure tenancies to tenants where a return to their previous address is either not feasible or where to do so would be in the interests of the best management of the stock.
21. To take all decisions and exercise all discretionary power in relation to properties which have proved hard to let.
22. To operate the Special Needs quota exceptional allocations policy as approved. This policy to include PDO referrals in accordance with the Potentially Dangerous Offenders protocol and MAPPAs in accordance with the Multi-Agency Public Protection Agreement.
23. To determine the appropriate number of temporary units of accommodation to be used for this purpose at any one time, including the approval to use Council “normal” stock as temporary accommodation for the discharge of duties under the Homelessness Act 2002.
24. To review and amend the current Allocations Policy.
25. To grant exceptions to the Allocations policy.
26. To allocate Government awarded funds as required following consultation with the relevant Cabinet Member and Executive Director Enabling Services.
27. To determine applications under Section 3(5) Housing Defects Act 1984.
28. To authorise payments under the Tenants Right to Compensation or Improvements and the Right to Repair.
29. To determine when the Landlord Controlled Heating should be switched on and off, after consultation with the relevant Cabinet Member to determine and revise the level of charges for Landlord Controlled Heating in future years.
30. To make financial amendments to the Housing Revenue Account Business Plan and refresh every two years, following consultation with the relevant Cabinet Member.
31. To grant tenancies to applicants in accordance with the Allocations Policy and to grant temporary service tenancies.
32. To make decisions on the application of the Disabled Adaptations in Council Housing Policy in individual cases and to make amendments to the policy as required.
33. To undertake the discharge of any of the Council’s functions relating to the welfare of civilians under the Civil Defence Acts 1937 to 1948 and under Section 138 of the Local Government Act 1972 as amended by Civil Contingency Act 2004.
34. To commence a programme of consultation and engagement with residents and stakeholders on sites identified for redevelopment, subject to consultation with the Head of Stronger Communities, the relevant Cabinet Member and where the site involves Council homes following consultation with the Executive Director Growth & Prosperity.
35. Following consultation with the relevant Cabinet Member and appropriate stakeholders to review and amend service policies and strategies.
36. To authorise and implement changes to the Decommissioning of Housing Stock Policy as required, following consultation with the Cabinet Member responsible and Executive Director Enabling Services.
37. To amend the allocations criteria for supported housing, following consultation with the relevant Cabinet Member and tenants.
38. To make any order, notice or decision, grant any licence, make any charge or take any enforcement action considered necessary or expedient pursuant to Clean Neighbourhood and Environment Act 2005 and all associated secondary legislation,
39. Determine and alter as necessary a scale of reasonable charges in respect of enforcement action under s49 of the Housing Act
40. Determine and alter as necessary an administrative fee for works carried in default of notices.

Head Of Supported Housing

1. To discharge the Council’s functions as a local housing authority in respect of the day- to -day routine management of supported housing properties or land held under the powers of the Housing Act 1985 or any re-enactment thereof including those properties sold under the Right to Buy Scheme in accordance with agreed policies and the Council’s relevant Procedure Rules.  
2. To grant exceptions to the Allocations policy in relation to an age- criteria associated with any of the Council’s supported housing stock. 
3. To make decisions relating to the suitability of applicants in the allocation of ‘housing with care’ properties within the Council’s own stock to ensure the integrity of each complex is maintained in order to provide an environment suitable for people with a variety of levels of need whilst retaining the overall sense of independent living.  
4. Following consultation with the relevant Cabinet Member, to agree to waive charges in relation to telecare services

Director Of Environment

1. To appoint professional and technical support staff that are deemed to have suitable qualifications, as inspectors under Section 19 Health and Safety at Work etc. Act 1974 and for those officers to exercise all statutory powers relating to enforcement, including but not limited to bringing proceedings.
2. To authorise suitable specialists under Section 20 (2)(c)(i) of the Health and Safety at Work etc Act 1974.
3. To liaise with relevant waste collection and waste disposal authorities in Hampshire on waste management issues.
4. To act under all current or future legislation and Council plans, policies, guidelines and procedures relating to the services and functions managed, operated and controlled by the Executive Director. This should be taken to include all regulations, orders and guidance subsequently issued by Ministers in relation to such services and functions.
5. To undertake all Environmental Health and Consumer Protection Services functions exercisable by the Council in its capacity as a local authority. This includes Registration and Bereavement Services’ functions.
6. To act as Proper Officer for Registration under the Registration Service Act 1953.
7. Exercise the functions of the Council including all powers and duties of the Council in terms of the following legislation and any subsequent or similar legislation or replacing or expanding legislation:
   • Administration of Justice Act 1970
   • Administration of Justice Act 1985
   • Agriculture (Miscellaneous Provisions) Act 1968
   • Agriculture Acts
   • Agriculture Produce (Grading and Marketing) Acts 1928 and 1931
   • Animals Act 1971
   • Animal and Animal Products (Import and Export) (England and Wales) Regulations 2000
   • Animal Boarding Establishments Act 1963
   • Animal Feed (Hygiene Sampling etc and Enforcement) (England) Regulations 2015
   • Animal Health Act 1981
   • Animal Health Act 2002
   • Animal Welfare Act 2006
   • Anti-Social Behaviour Act 2003
   • Anti-Social Behaviour Act 2006
   • Anti-Social Behaviour, Crime and Policing Act 2014
   • Beef Labelling (Enforcement) (England) Regulations 2000
   • Bovines and Bovine Products (Trade) Regulations 1998
   • Breeding of Dogs Act 1973 & 1991
   • Breeding and Sale of Dogs (Welfare) Act 1999
   • Breeding of Dogs (Licensing Records) Regulations 1999
   • Brucellosis (England Order 2015)
   • Building Act 1984
   • Burial Act 1853
   • Business Names Act 1985
   • Business Protection from Misleading Marketing Regulations 2008
   • Bye-laws for Hairdressers and Barbers
   • Cancellation of Contracts made in a Consumer’s Home or Place of Work etc. Regulations 2008
   • Cancer Act 1939
   • Cattle Identification Regulations 2007
   • Cemeteries Order 1977
   • Children & Families Act 2014
   • Children and Young Persons (Protection from Tobacco) Act 1991
   • Children and Young Persons Act 1933
   • Chronically Sick & Disabled Persons Act 1970
   • Civil Enforcement Of Parking Contraventions (England) General Regulations 2007
   • Civil Enforcement of Parking Contraventions (England) Representations and Appeals Regulations 2007
   • Civil Contingencies Act 2004
   • Civil Partnership Act 2004
   • Clean Air Act 1993
   • Clean Air Act 1983 – Motor Fuel (Composition and Content) Regulations
   • Clean Neighbourhood and Environment Act 2005
   • Common Agriculture Policy (Wine) (England & Northern Ireland) Regulations 2001
   • Companies Act 2006
   • Consumer Credit Act 1974
   • Consumer Protection (Distance Selling) Regulations 2000
   • Consumer Protection Act 1987
   • Consumer Protection from Unfair Trading Regulations 2008
   • Consumer Rights Act 2015
   • Control of Pesticide Regulations 1986
   • Control Of Pollution Act 1974, Part 3 (except sections 70(2), (3) and 71), sections 91-94, section 97 and Part 6.
   • Control of Pollution (Anti-Fouling Paint) Regulations 1986
   • Control of Pollution Act 1974
   • Control of Pollution (Amendment) Act 1989
   • Copyright, Designs and Patents Act 1988
   • Courts and Legal Services Act 1990
   • Countryside and Rights of Way Act 2000
   • Crime and Disorder Act 1998
   • Criminal Justice Act 1988
   • Criminal Justice and Public Order Act 1994
   • Criminal Justice & Police Act 2001
   • Customs and Excise Management Act 1979
   • Dairy Products (Hygiene) Regulations 1985
   • Dangerous Dogs Act 1991
   • Dangerous Wild Animals Act 1976
   • Deregulation Act 2015
   • Designation of Local (Southampton Port Health Authority) District Order 1978.
   • Development of Tourism Act 1969 Tourism (Sleeping Accommodation Price Display) Order 1977
   • Disabled Persons Parking Badges Act 2013
   • Dogs (Fouling of Land) Act 1996
   • Ecodesign for Energy-Using Products Regulations 2007
   • Education Reform Act 1988
   • Energy Act 1976
   • Energy Conservation Act 1981
   • Energy Efficiency (Private Rented Property)(England & Wales) Regulations 2015
   • Enterprise Act 2002
   • Environment Act 1995
   • Environment Act 2021
   • Environmental Protection Act 1990
   • Environmental Protection (Duty of Care) Regulations 1991
   • Environmental Protection (Microbeads)(England) Regulations 2017
   • Estate Agents Act 1979
   • European Communities Act 1972 (save as amended by the European Union (Withdrawal) Act 2018)
   • European Union (Withdrawal) Act 2018 as it continues to give effect to the following Regulations or Orders under which this local authority has an enforcement duty:
     • African Horse Sickness (England) Regulations 2012
     • Animal and Animal Products (examination for Residues and Maximum Residue Limits)(England and Scotland) Regulations 2015
     • Animal By-Products (Enforcement)(England) Regulations 2013
     • Animal Feed (Basic Safety Standards)(England) Regulations 2019
     • Avian influenza (Preventative Measures)(England) Regulations 2006
     • Avian Influenza (Vaccination)(England) Regulations 2008
     • Biofuel Labelling Regulations 2004
     • Bluetongue Regulations 2008
     • Business Protection from Misleading Marketing Regulations 2008
     • Cat and Dog Fur (Control of Import, Export and Placing on the Market) Regulations 2008
     • Cattle Identification Regulations 2007
     • Construction Products Regulations 2013
     • Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013
     • Consumer Protection from Unfair Trading Regulations 2008
     • Consumer Rights (Payment Surcharges) Regulations 2012
     • Cosmetic Products Enforcement Regulations 2013 and the EU Cosmetic Products Regulation 1223/2009
     • Crystal Glass (Descriptions) Regulations 1973
     • Detergents Regulations 2010
     • Diseases of Swine Regulations 2014
     • EC Fertilisers (England and Wales) Regulations 2006
     • Eggs and Chicks (England) Regulations 2009
     • Electrical Equipment (Safety) Regulations 2016
     • Electromagnetic Compatibility Regulations 2016
     • Energy Information Regulations 2011
     • Energy Performance of Buildings (England and Wales) Regulations 2012
     • Equine Identification (England) Regulations 2018
     • Financial Services (Distance Marketing) Regulations 2004
     • Fluorinated Greenhouse Gases Regulations 2015
     • Food Information Regulations 2014
     • Food Safety & Hygiene (England) Regulations 2013
     • Foot-and-Mouth Disease (Control of Vaccination) (England) Regulations 2006
     • Footwear (Indication of Composition) Labelling Regulations 1995
     • Gas Appliances (Enforcement) and Miscellaneous Amendments Regulations 2018
     • General Product Safety Regulations 2005
     • Genetically Modified Organisms (Traceability and Labelling)(England) Regulations 2004
     • Infant Formula and Follow On Formula (England) Regulations 2007
     • Materials and Articles in Contact With Food (England) Regulations 2012
     • Measuring Container Bottles (EEC Requirements) Regulations 1977
     • Measuring Instruments Regulations 2016
     • Non- Automatic Weighting Instruments Regulations 2016
     • Novel Foods (England) Regulations 2018
     • Official Controls (Animals, Feed and Food, Plant Health Fees etc.) Regulations 2019 in so far as it relates to food law
     • Official Feed and Food Controls (England) Regulations 2009 in so far as it relates to food law
     • Olive Oil (Marketing Standards) Regulations 2014
     • Organic Products Regulations 2009
     • Package Travel and Linked Travel Arrangements Regulations 2018
     • Packaging (Essential Requirements) Regulations 2015
     • Passenger Car (Fuel Consumption and CO2 Emissions Information) Regulations 2001
     • Personal Protective Equipment (Enforcement) Regulations 2018
     • Poultry Meat (England) Regulations 2011
     • Pressure Equipment (Safety) Regulations 2016
     • Products of Animal Origin (Disease Control)(England) Regulations 2008
     • Pyrotechnic Articles (Safety) Regulations 2015
     • Quality Schemes (Agricultural Products & Foodstuffs) Regulations 2018
     • Quick Frozen Food Stuffs (England) Regulations 2007
     • Radio Equipment Regulations 2017
     • REACH Enforcement Regulations 2008
     • Recreational Craft Regulations 2017
     • Registration of Establishments (Laying Hens) (England) Regulations 2003
     • Rights of Passengers in Bus and Coach Transport (Exemptions and Enforcement) Regulations 2013
     • Scotch Whisky Regulations 2009
     • Simple Pressure Vessels (Safety) Regulations 2016
     • Specified Products from China (Restrictions On First Placing On The Market) (England) Regulations 2008
     • Spirit Drinks Regulations 2008
     • Supply of Machinery (Safety) Regulations 2008
     • Textile Products (Labelling and Fibre Composition) Regulations 2012
     • Timeshare, Holiday Products, Resale and Exchange Contracts Regulations 2010
     • Tobacco and Related Products Regulations 2016
     • Toys (Safety) Regulations 2011
     • Trade in Animals and Related Products Regulations 2011
     • Transmissible Spongiform Encephalopathies (England) Regulations 2018
     • Veterinary Medicines Regulations 2013
     • Volatile Organic Compounds in Paints, Varnishes and Vehicle Refinishing Products Regulations 2012
     • Weights and Measures (Packaged Goods) Regulations 2006
     • Welfare of Animals at Time of Killing (England) Regulations 2015
     • Wine Regulations 2011
     • Zoonoses (Monitoring) (England) Regulations 2007
   • Explosives Acts 1875
   • Fair Trading Act 1973
   • Fireworks Act 2003
   • Food Act 1984
   • Food and Environment Protection Act 1985
   • Food Safety Act 1990
   • Food Hygiene (England) Regulations 2006
   • Food Safety and Hygiene (England) Regulations 2013
   • Food Standards Act 1999
   • Foot and Mouth Disease (Control of Vaccinations) (England) Regulations 2001
   • Forgery and Counterfeiting Act 1981
   • Fraud Act 2006
   • Fuel (Lead Content of Petrol) Regulations 1981 (as amended);
   • Fur Farming (Prohibition) Act 2000
   • General Food Regulations 2004
   • Gambling Act 2005
   • Hallmarking Act 1973
   • Hampshire Act 1983
   • Health Act 2006
   • Health & Social Care Act 2008
   • Health and Safety at Work etc Act 1974 together with the following Regulations made under the 1974 Act:
     • Health and Safety at Work etc Act 1974 together with the following Regulations made under the 1974 Act:
     • The Ammonium Nitrate Materials (High Nitrogen Content) Safety Regulations 2003
     • The Biocidal Products and Chemicals (Appointment of Authorities and Enforcement) Regulations 2013
     • The Chemicals (Hazard Information and Packaging for Supply) Regulations 2009
     • The Dangerous Substances and Explosive Atmospheres Regulations 2002,
     • The Explosives Regulations 2014,
     • The Petroleum (Consolidation) Regulations 2014, and
     • The provisions of the following Acts mentioned in Schedule 1 to the 1974 Act;
     • Explosives Act 1875
     • Public Health Acts 1936 and 1961
   • Health Protection (Coronavirus, Restrictions) (England) Regulations 2020
   • Health Protection (Local Authority Powers) Regulations 2010
   • Highways Act 1980
   • Home Safety Act 1961
   • House to House Collections Act 1939
   • Housing Act 1985
   • Housing Act 1996
   • Housing Act 2004
   • Housing Regeneration Act 2008
   • Horse Passports Regulations 2009
   • Hypnotism Act 1952
   • International Health Regulations 2005
   • Intoxicating Substances (Supply) Act 1986
   • Knives Act 1997
   • Legal Services Act 2007
   • Licensing Act 2003
   • Local Authority Cemeteries Order 1977
   • Local Government Act 1972 (Section 111)
   • Local Government (Miscellaneous Provisions) Acts 1976 and 1982
   • Marriage Act 1994
   • Medicines Act 1968
   • Motor Cycle Noise Act 1987
   • Motor Fuel (Sulphur Content of Gas Oil) Regulations 1981
   • Motor Vehicle (Safety Equipment for Children) Act 1991
   • Natural Environment Rural Communities Act 2006
   • Noise Act 1996
   • Noise and Statutory Nuisance Act 1993
   • Non-Automatic Weighing Instruments Regulations 2000
   • Offensive Weapons Act 2019
   • Olympic Symbol etc (Protection) Act 1995
   • Organic Products Regulations 2001
   • Ozone Depleting Substances Regulations 2015
   • Performing Animals (Regulation) Act 1925
   • Pesticides (Fees and Enforcement) Act 1989
   • Pet Animals Act 1951 and Pet Animals Act 1951 (Amendment) Act 1983
   • Petroleum (Consolidation) Act 1928.
   • Plastic Materials and Articles In Contact With Food (England) Regulations 2009
   • Poisons Act 1972
   • Police and Criminal Evidence Act 1984
   • Police, Factories etc (Miscellaneous Provisions) Act 1916
   • The Southampton Port Health Authority Order 2010
   • Prevention of Damage by Pests Act 1949
   • Prices Act 1974
   • Private Water Supply Regulations 2016 and 2017
   • Proceed of Crimes Act 2002
   • Processed Animal Proteins (England) Regulations 2001
   • Products of Animal Origin (Import and Export) Regulations 1991
   • Products of Animal Origin (Import and Export) (Amended) Regulations 1997
   • Property Misdescriptions Act 1991
   • Protection of Animals (Amendment) Act 2000
   • Protection of Animals Act 1911
   • Psychoactive Substances Act 2016
   • Public Health Acts Amendment Act 1907
   • Public Health (Control of Disease) Act 1984
   • Public Health (Infectious Diseases) Regulations 1988
   • Public Health Act 1936
   • Public Health Act 1961
   • Public Health Ships Regulations 1979 as amended by the Public Health Ships (Amendment)(England) Regulations
   • Refuse Disposal (Amenity) Act 1978
   • Registered Designs Act 1949
   • Redress Schemes for Letting Agencies Work and Property Management Work (Requirement to Belong To Scheme etc) (England) Order 2014
   • Road Traffic Acts 1988 and 1991
   • Road Traffic Regulation Act 1984
   • Scrap Metal Dealers Act 2013
   • Sheep and Goats (Records, Identification & Movement)(England) Order 2009
   • Single Use Carrier Bags Charges (England) Order 2015
   • Site Waste Management Plans Regulations 2008
   • Slaughterhouses Act 1974
   • Solicitors Act 1974
   • Standardised Packaging of Tobacco Products Regulations 2015
   • Sunbed (Regulation) Act 2010
   • Telecommunications Act 1984
   • Tenant Fees Act 2019 (and the Housing & Planning Act 2016 as it relates to Client Money Protection Schemes)
   • The National Parks and Access to the Countryside Act 1949
   • The Protection of Badgers Act 1992
   • Theft Act 1968
   • Timeshare Act 1992
   • Tobacco Advertising and Promotion Act 2002
   • Town and Country Planning Act 1990
   • Town Police Clauses Act 1847
   • Trade Descriptions Act 1968
   • Trade Marks Act 1938
   • Trade Marks Acts 1994
   • Traffic Management Act 2004
   • Transport Act 2000
   • Unfair Terms in Consumer Contracts Regulations 1999
   • Unsolicited Goods and Services Acts 1971 and 1975
   • Video Recordings Act 2010
   • Vehicles (Crime) Act 2001
   • Water Act 2003
   • Weights and Measures Act 1985
   • Wildlife and Countryside Act 1981
   • Zoo Act 1981
   This delegation is subject to a requirement to consult with the Director of Legal and Governance prior to the service of any order, notice or commencement of any legal proceedings.
8. To determine applications for information to be treated as commercially confidential under Section 22 of the Environmental Protection Act 1990 (as amended).
9. To sign and serve notices under Sections 33, 34, 46, 47, 59 and 71 of the Environmental Protection Act 1990 (as amended) to deal with waste.
10. To sign and serve notices under Sections 80 and 80A of the Environmental Protection Act 1990 (as amended) dealing with the abatement of nuisances.
11. To authorise as enforcement officers such members of professional and technical support staff who are deemed to have suitable qualifications in respect of Section 19 of the Food and Environment Protection Act 1985, as amended by the Pesticides (Fees and Enforcement) Act 1989.
12. To issue and sign written instruments of appointment under the Act and regulations.
13. To grant authorised officers the power to sign and serve notices under Section 19 of the Food and Environment Protection Act 1985.
14. To appoint such members of professional and support staff deemed to have suitable qualifications under Section 5(6) of the Food Safety Act 1990.
15. To appoint suitable specialists under Section 32(4) of the Food Safety Act 1990.
16. All powers and duties under the Health Protection (Local Authority Powers) Regulations 2010 including but not restricted to the powers under Sections 2 to 11 to deal with children attending school, decontamination of persons and premises and to restrict access to and move dead bodies.
17. To introduce increased charges for the issue of Ship Sanitation control and exemption certificates for coastal vessels.
18. To discharge the functions, duties and powers to control disease on ships and aircraft as conferred by the Public Health (Ships) Regulations 1979 and Public Health (Aircraft) Regulations 1979 as amended in 2007 to implement the requirements of the International Health Regulations 2005. To include the appointment of a medical officer, medical practitioners and authorised officers to exercise the powers conferred by the regulations.
19. All powers and duties under the Public Health (Control of Disease) Act 1984 as amended by the Health and Social Care Act 2008 including but not restricted to the powers under Sections 45M and 76 to deal with the protection of health from the risk of infection and deal with defective premises.
20. To exercise duties under the Public Health (Control of Disease) Act as amended by the Health and Social Care Act 2008 to arrange for a body to be removed to a mortuary for burial or cremation.
21. In accordance with the Public Health (Infectious Diseases) Regulations 1988, to require persons to discontinue or refrain from engaging in any occupations connected with food and to take such other step as empowered under the Regulations.
22. To make payments by way of compensation, to persons required to discontinue or refrain from engaging in any occupation connected with food.
23. To appoint Public Analysts under the Food Safety and Agriculture Acts.
24. To exercise all powers necessary and expedient in relation to the Council's collection of healthcare waste functions (commercial and domestic), including but not limited to the authority to enter into any contracts necessary to give effect to or facilitate this function.
25. To institute proceedings under the Protection from Eviction Act 1977.
26. To institute proceedings under Section 1 Accommodation Agencies Act 1953.
27. To make minor modifications to the approved terms and conditions of financial assistance provided in accordance with the Council’s Housing Strategy or such other strategy or policy in relation to this function.
28. To consider and determine any application from any person considered to be a special case and who therefore falls outside the Housing Strategy or such other strategy or policy in relation to this function.
29. To provide temporary rehousing, subject to a maximum period of four months where financial assistance repair work takes place in accordance with the Council’s Housing Strategy or such other strategy or policy in relation to this function.
30. To amend the system of prioritising enquiries and applications for financial assistance arising from owner-occupiers and/or private sector tenants to ensure resources are targeted towards those living in the worst housing conditions and in greatest need in relation to the Housing Strategy or such other strategy or policy in relation to this function.
31. To determine when a land charge is required on a property to secure the repayment of any financial assistance granted in accordance with the Council’s Housing Strategy or such other strategy or policy in relation to this function.
32. To approve applications for the provision of financial assistance in accordance with the Council’s Housing Strategy or such other strategy or policy in relation to this function.
33. To waive financial assistance repayment conditions in relation to the Council’s Housing Strategy or such other strategy or policy in relation to this function.
34. To authorise Environmental Health Officers and other authorised officers to take all enforcement action, powers and provision as appropriate, under the Housing Act 2004, and any subsequent secondary legislation, in accordance with the Council’s enforcement policies.
35. Determine and alter as necessary a scale of reasonable charges in respect of enforcement action under s49 of the Housing Act;
36. Determine and alter as necessary a scale of reasonable fees in respect of the licensing of houses in multiple occupation under s63(3) of the Housing Act; and
37. Determine and alter as necessary an administrative fee for works carried in default of notices.
38. To seek confirmation from the appropriate national authority of a designation for an Additional Licensing Scheme under section 56 of the Housing Act 2004, following consultation with those persons likely to be affected by any such scheme.
39. To seek confirmation from the appropriate national authority of a designation for a Selective Licensing Scheme under section 80 of the Housing Act.
40. To approve the use of the Enforced Sale Procedure.
41. To determine when a local land charge is required on property to secure the repayment of any grant awarded in accordance with the Council’s Housing Strategy or such other strategy or policy in relation to this function.
42. To make necessary revision to the Enforcement Policy as the need arises, following consultation with the relevant Cabinet Member.
43. To authorise Environmental Health Officers and other authorised officers to take all enforcement action, powers and provision as appropriate, under the Housing Act 2004, and any subsequent secondary legislation, in accordance with the Council’s enforcement policies.
44. To seek confirmation from the appropriate national authority of a designation for an Additional Licensing Scheme under section 56 of the Housing Act 2004, following consultation with those persons likely to be affected by any such scheme.
45. To seek confirmation from the appropriate national authority of a designation for a Selective Licensing Scheme under section 80 of the Housing Act.
46. To affix statutory notices to and to arrange for the removal of, vehicles deemed to be abandoned on public land.
47. To undertake any necessary investigative work for the purposes of enforcement including issue a fixed penalty notices or any other notice on any person or person found littering, flyposting, or committing graffiti.
48. To serve street litter control notices.
49. To undertake all functions, powers and duties including authorising legal action in respect of Blue Badge & Parking Permit fraud.
50. To enter into agreements with external bodies for the purposes of maintaining graves, memorials and crematoria.
51. To inspect burial grounds for the purposes of ensuring that the rules and regulations imposed by the burial authority are adhered to.
52. To remove unauthorised memorials situated within the burial authority’s land, including cemeteries and crematoria.
53. To keep a register of all burials and cremations.
54. To authorise the disposal of cremated remains.
55. To approve the grant, renewal, refusal and revocation of licences to approved premises under the Marriage Act 1994 as the Proper Officer for Registration.
56. To authorise officers to exercise powers of entry and other statutory powers including, but not limited to, search and seizure conferred by the legislation set out in 14.4 referred to below and elsewhere in the Scheme relating to Environmental Health Officers, Environmental Health practitioners, Trading Standards Officers, Fair Trading Officers and other Enforcement Officers. This is deemed to include all secondary legislation and any other superseding enactments relating to the acts below that may from time to time come into force.
57. To undertake any duties in respect of new work in the areas of strategy, community safety and equalities.
58. To authorise legal proceedings or other action to be taken to recover possession of any property or land which is being occupied by travellers, squatters or other unlawful occupants.
59. To appoint officers for the implementation of the Council’s functions under all legislation, including the power to appoint a Chief Inspector of Weights and Measures under the Weights and Measures Act 1985, Environmental Health Officers and other Environmental Health practitioners (including Environmental Health Technicians and Scientific Officers), Trading Standards Officers, Fair Trading Officers and other Enforcement Officers.
60. To execute works by agreement, at the expense of the owner or occupier, in respect of any notice served.
61. To authorise and institute any legal proceedings, the issue of simple cautions and, where authorised by the Finance and: Legal & Business Operation, to prosecute or defend any such proceedings, in relation to any powers listed or implied under the delegations to the Executive Director: Communities, Culture & Homes, Environmental Health Practitioners, the Chief Inspector of Weights & Measures, Trading Standards Officers and Fair Trading Officers.
62. To authorise and issue any Fixed Penalty Notices, relating to any function or responsibility under the Executive Director’s management or control.
63. In addition to the statutory offences referred to in this scheme, to investigate, institute and authorise legal proceedings and where authorised by the Director of Legal and Governance , to prosecute in respect of any statutory conspiracy offences and common law offences to include conspiracy and conspiracy to defraud; and authorisations to officers contained within this scheme shall include powers to investigate any statutory conspiracy offences and common law offences such as conspiracy and conspiracy to defraud.
64. In respect of all statutory and common law offences referred to within this scheme, where authorised by the Director of Legal and Governance , and where deemed appropriate and reasonable to institute, or authorise legal proceedings and to prosecute where the cause of action arises or the place of offence is outside of Council boundaries where such action deliver a benefit to the residents of the City of Southampton.
65. To grant, but not refuse, consent for performances of hypnotism under the Hypnotism Act 1952.
66. To approve local certification of films that are capable of classification without difficulty and which are not likely to cause public concern, following consultation with the Chair of the Licensing Committee.
67. Subject to any requirement to place any matter before a duly convened Licensing Committee, to undertake the following functions under the Licensing Act 2003:
    1. where no objection or adverse representation is made to an application, to determine the following applications:
       1. for a personal licence;
       2. for a premises licence or a club premises certificate;
       3. for a provisional statement;
       4. to vary a premises certificate or club premises certificate;
       5. to vary a designated premises supervisor;
       6. to transfer a premises licence;
       7. for an interim authority;
       8. to serve counter notices in respect of temporary event notices ;
       9. for removal of the mandatory designated supervisor condition for community premises.
    2. in all cases, to determine the following matters:
       1. a request to be removed as a designated premises supervisor;
       2. to decide whether a representation is irrelevant, frivolous, vexatious, etc;
       3. to keep a register under Section 8 of the Act;
       4. to enter premises as an authorised officer of the Council pursuant to Sections 96, 108 and 179 of the Act;
       5. to agree to dispense with a hearing pursuant to Regulation 9 Licensing Act 2003 (Hearings) Regulations 2005;
       6. consultation of other responsible authorities on minor variation applications;
       7. applications for minor variations of premises licences and club premises certifications;
       8. to suspend premises licences or club premises certificates where the annual fee or late night levy has not been paid;
       9. to withdraw club premises certificates where a club does not satisfy the conditions for being a qualifying club in relation to a qualifying club activity.
68. To enter premises for the purposes of consulting and advising on the licensing objectives and compliance with the Licensing Act 2003.
69. To serve a closure notice under section 19 of the Criminal Justice and Police Act 2001 where premises are being, or within the last 24 hours have been, used for the unauthorised sale of alcohol for consumption on, or in the vicinity of, the premises.
70. To issue a closure notice under sections 76 to 91 (Chapter 3) of the Anti-Social Behaviour, Crime and Policing Act 2014, if satisfied that there are reasonable grounds:
    1. that the use of particular premises has resulted, or (if the notice is not issued) is likely soon to result, in nuisance to members of the public, or.
    2. that there has been, or (if the notice is not issued) is likely soon to be, disorder near those premises associated with the use of those premises.
    and that the notice is necessary to prevent the nuisance or disorder from continuing, recurring or occurring.
71. To ensure that any appropriate body or individual has been consulted before issuing a notice under 18.66.
72. To vary and cancel a closure notice under 18.66.
73. To serve a closure notice, an extension notice, a cancellation notice and variation notice, and to enter any premises for the purposes of complying with section 79(2)(a)Anti-Social Behaviour, Crime and Policing Act 2014.
74. Where appropriate, to apply to the Magistrates’ Court for a closure order.
75. To carry out appropriate consultation and to recommend to Council on the making, extension, variation and discharge of Public Spaces Protection Orders under sections 59 to 75 (Chapter 2) of the Anti-Social Behaviour, Crime and Policing Act 2014.
76. To inspect licensed sex establishments.
77. To renew sex establishment licences where no objection is made.
78. To grant by way of renewal, but not refuse, street trading consents for Above Bar Pedestrian Precinct.
79. To grant, but not refuse, applications for street collection permits and house-to-house collection licences under the Police, Factories, etc, (Miscellaneous Provisions) Act 1916 and the House to House Collections Act 1939.
80. To determine applications for hackney carriage licences, in accordance with Council policy and to suspend and revoke such licences.
81. To determine applications for private hire vehicle licences, in accordance with Council policy and to suspend and revoke such licences.
82. To determine applications for hackney carriage drivers’ licences, in accordance with Council policy and to suspend and revoke such licences.
83. To determine applications for private hire drivers’ licences, in accordance with Council policy and to suspend and revoke such licences.
84. To determine applications for private hire operators’ licences, in accordance with Council policy and to suspend and revoke such licences.
85. To make or vary a hackney carriage table of fares and to determine objections to any proposal to make or vary a table of fares.
86. Subject to any requirement to place any matter before a duly convened Licensing Committee to undertake the following functions under the Gambling Act 2005:
    1. to determine applications for premises licences where no relevant representations are received.
    2. to determine applications to vary premises licences in respect of which no representations have been received.
    3. to determine whether a representation is vexatious, frivolous or would not influence the authority’s determination of the application.
    4. to determine applications for transfer of premises licences where no representations are received.
    5. to revoke premises licences for failure to pay the annual fee.
    6. to determine that a premises licence has lapsed.
    7. to reinstate a lapsed premises licence where no representations are received.
    8. to reject an application for review of a premises licence on various grounds.
    9. to initiate a review of a premises licence.
    10. to determine that representations about a review of a premises licence is frivolous, vexatious or will certainly not influence a review of a premises licence.
    11. to determine action following a review of a premises licence where no hearing is held and all parties agree in advance to the relevant action.
    12. to determine applications for a provisional statement in respect of which no representations are received.
    13. to disregard representations made in respect of applications for premises licences after issue of a provisional statement.
    14. to issue a counter notice to a temporary use notice where the number of permitted days are exceeded.
    15. to object to a temporary use notice.
    16. to institute criminal proceedings in respect of an offence under the provisions of the Act.
    17. to determine applications for family entertainment centres.
    18. to notify the lapse of family entertainment centre gaming permit.
    19. to register non-commercial societies for small lotteries.
    20. to refuse applications for registration for small society lotteries.
    21. to revoke registrations of societies for small society lotteries.
    22. to cancel registrations of societies for small society lotteries in the event of non-payment of the annual fee.
    23. to determine applications for variation of club gaming permits and club registration permits and cancellation of permits where no representations are received.
    24. to cancel club gaming permits and club registration permits for failure to pay the annual fee.
    25. to determine applications for grant, variation or transfer of licensed premises gaming machine permits.
    26. to cancel licensed premises gaming machine permits and vary the number or category of machines where no representations are received.
    27. to cancel licensed premises gaming machine permits for failure to pay the annual fee.
    28. to determine applications for prize gaming permits and applications for renewal of prize gaming permits.
    29. to determine that a prize gaming permit has lapsed.
87. Under the Police & Social Responsibility Act 2001 (PSR Act), to determine whether the holders of any relevant late night authorisations fall within any permitted exemption or reduction categories and in particular whether the holders of any relevant late night authorisations who are members of any approved business-led best practice scheme fall within the permitted reduction category.
88. To determine the aggregate amount of expenses of the Council that are permitted deductions under section 130(1)(b) of the PSR Act 2011.
89. To publish annual notices under section 130(5) of the PSR Act 2011 relating to anticipated expenses and the net amount of the levy payments.
90. To make adjustments to payments in accordance with paragraph 7 of the Late Night Levy (Application and Administration) Regulations 2012.
91. To determine from time to time when and for what purposes the Council will apply the non-specified proportion of the net amount of the levy payments.
92. To obtain additional software licences for any library IT when the user base expands.
93. To set levels of royalty payment and agree licences to print.
94. To sign agreements for copying from books and journals.
95. Subject to obtaining the necessary licences for the library service only, to take multiple abstracts from national newspapers.
96. To accept publicity for display from outside bodies, subject to any legal requirements and policies adopted by the Council.
97. To take whatever action is necessary in respect of library fines, and costs / charges for lost books, photocopying, loans, etc, including waiving or reducing.
98. To deal with applications for the use of car parks on their individual merits, normally to be granted only to charities and non-profit organisations, following consultation with the Director of Legal and Governance.
99. To grant permission for use of Council car parks for display purposes.
100. To advertise proposed disabled persons’ parking bays in accordance with Council policy.
101. In accordance with orders made under the Road Traffic Regulation Act 1984 and subsequent legislation and Council policy to take actions to manage the residents parking schemes, and in relation to parking control the waiving of the penalty, standard or excess charge: the acceptance of an alternative amount in lieu of the penalty, standard or excess charge: the service of notices to ascertain the identity of the driver of a vehicle, the initiation of prosecutions and the issue of permits, dispensations and waivers.
102. In accordance with orders made under the Road Traffic Regulation Act 1984 and subsequent legislation and Council policy to take actions necessary to manage the pay and display and pay on foot systems of parking control in car parks and lorry parks; issue of penalty, standard and excess charges notices and notices of offence; the sale of prepaid parking tickets; the collection of parking charges; the initiation of prosecutions; and the issue of permits, dispensations and waivers.
103. To register unpaid penalty charges (Charge Certificates) at the Traffic Enforcement Centre (County Court Bulk Centre) and to seek warrants of execution to complete the recovery process.
104. To present the Council’s evidence to the National Parking Adjudication Service.
105. To approve the issue of civil penalty notices in Cemetery Road and to respond to appeals (challenges) against the issue of any notice.
106. Under the Scrap Metal Dealers Act 2013, to undertake the administration and enforcement of the function, the power to request further information of applicants (paragraph 4, schedule 1), to determine applications (including refusal), revoke licences or to impose conditions under section 3(8) and the power to issue or cancel a closure notice for unlicensed sites, and, where appropriate, to apply for closure orders (schedule 2) and take such other action in this respect as may be required.
107. To make any order, notice or decision, grant any license, make any charge or take any enforcement action considered necessary or expedient pursuant to Clean Neighbourhood and Environment Act 2005 and all associated secondary legislation, following consultation with the Director of Legal and Governance.
108. To enter into agreements with external bodies for the purpose of maintaining and managing the highway, transport asset management, on and off street car parks maintenance and management.

Head Of City Services

1. To exercise the functions of the Council including all powers and duties of the Council in terms of the Small Holdings and Allotments Act 1908, Allotments Act 1922, Allotments Act 1925 and Allotments Act 1950 and any subsequent or similar legislation or replacing or expanding legislation.
2. Following consultation with the Director of Legal and Governance, to make applications under Section 38 of the Commons Act 2006.
3. Following consultation with the relevant Cabinet Member, the Director of Legal and Governance and the Executive Director Enabling Services, to agree for the Council to act as the accountable body on behalf of formally constituted “friends” groups, resident, tenant or community groups, or sports clubs applying for external grant funding of less than £125,000 to improve the city’s open spaces and associated assets and infrastructure. This responsibility may include procuring supplies, goods or services on behalf of the grant recipient, certifying receipt of goods and services, agreeing practical completion of site works, authorising payment of invoices, controlling and monitoring project expenditure, and keeping accurate and auditable financial records for the purpose of reclaiming project expenditure from the external grant funding body.
4. To commence impoundment procedures when a horse is deemed to pose an unacceptable risk to public safety, private property, adversely affect public rights to recreation, or is significantly damaging the environment.
5. All Waste and Fleet Transport service functions exercisable by the Council.
6. All powers necessary and expedient in relation to the Council’s statutory duties to collect and dispose of municipal waste, including but not limited to the authority to enter into contracts necessary to give effect to or facilitate this function.
7. To liaise with waste collection authorities in Hampshire on all strategic waste issues, ensuring appropriate consultation with colleagues on non-specific waste issues such as spatial planning.
8. To determine the charges for the collection of trade refuse, garden waste, charity, textile and shoe banks and MOTs.
9. To set or vary charges for residents using the special bulky domestic refuse collection service waste receptacles, including bulk bin containers, where these are not provided free in accordance with Council policy, following consultation with the appropriate Cabinet Member and the spokesperson for each opposition party.
10. To require the production of a trade waste transfer document and the power to issue a fixed penalty for failing to so provide pursuant to section 34A of the Clean Neighbourhood and Environment Act 2005.
11. To take any action in relation to, or associated with the Council’s LGV Operators Licences and road traffic legislation.
12. To take any action in relation to or associated HGV Operators’ Licences.
13. To procure and maintain the Council’s vehicle fleet in accordance with the Council’s CPRs and the relevant regulatory frameworks.
14. Power to make, modify or vary, revoke and confirm Tree Preservation Orders under Sections 198 and 201 of the Town and Country Planning Act 1990 except where valid objections are received.
15. To determine applications for works to trees that are subject to protection by Tree Preservation Order and to impose such conditions on any consent that s/he deems appropriate.
16. To serve a notice to plant replacement trees, where they are a requirement of the land owner’s duty to replace under Section 206 of the Town and Country Planning Act 1990 or where replacements have been conditioned under a tree works decision notice.
17. To execute works in default of non-compliance with a notice to replant trees and to recover all reasonable costs from the landowner.
18. To determine whether to proceed with an applicant’s case, in pursuance of section 68(2) – 68(5) of Anti-Social Behaviour Act 2003 (High Hedges). To authorise the serving of any resulting notices following investigations and to deal with any appeal allowed under the Act.
19. To determine whether or not, and to what extent to refund fees pursuant to s68(8) of the Anti-Social Behaviour Act 2003 (High Hedges).
20. To execute works in default of the remedial work detailed in any remedial notice under the Anti-Social Behaviour Act 2003 (High Hedges).
21. To undertake a six-monthly review of the level of the fee to be charged for the service under Part 8 of the Anti-Social Behaviour Act 2003 and to vary the fee level as necessary to ensure that the costs of providing the service are recovered in the financial year (High Hedges).
22. To authorise an appropriate officer to enter land for any purpose pursuant to Part 8 of the Anti-Social Behaviour Act 2003 (High Hedges).
23. To approve modifications to the Southampton’s Tree Operational Risk Management System (STORMS) following consultation with the Director of Legal and Governance, the Council’s Risk and Insurance Manager and the Council’s Health and Safety Manager to ensure the system remains fully effective.
24. To serve a notice on any owner of land on which a tree is situated that is in such a condition that there is imminent danger of its causing damage to persons or property pursuant to section 23 of the Local Government (Miscellaneous Provisions) Act 1976, after consultation with the Director of Legal and Governance.
25. To authorise any officer to enter land for the purposes of assessing the condition of tree or trees on another land pursuant to section 24 of the Local Government (Miscellaneous Provisions) Act 1976.

Head of Emergency Planning & Business Continuity

1. To undertake all functions and responsibilities associated with Emergency Planning.

Director – Customer and Leisure

1. To approve changes and enhancements to the Council’s website and its technology and standards and similar initiatives. 
2. To publish and edit the Council’s website (Internet), intranet (Staff Stuff) and any subsequent related media.
3. To enter into professional Customer Service memberships in the interests of the Authority.
4. To administer, determine, revoke and resolve appeals in relation to blue badge applications under the Chronically Sick and Disabled Persons Act 1970 unless applications require further medical assessment.

Executive Director for Children & Learning (DCS)

This post is now combined with the Executive Director for Children & Learning on an interim basis until permanent appointment in 2025.

1. To exercise all the powers and duties exercisable by the Council relating to the enforcement of legislation and byelaws (which for the avoidance of doubt also includes regulations, orders etc) relating to Children’s Services, including the licensing of the employment of children.
2. To act as the Council’s Director of Children’s Services (DCS) and Caldicott Guardian (CG) in relation to all children’s services and children’s safeguarding functions, duties and powers.
3. Following consultation with Director of Legal and Governance, to institute any proceedings in any court or tribunal for an order under the Children Act 1989 and other associated children’s legislation where it is considered appropriate to do so, and to appear on behalf of the Council in any court proceedings:
4. To pay allowances in respect of children being looked after by the Council in accordance with the scheme approved by the Council for the time being.
5. To give consents on behalf of the Council where necessary in the interests of children and young persons of whom the Council is in loco parentis.
6. To approve levels of and variations in fees where the Council has accepted responsibility for children, young persons, or adults attending establishments not maintained or assisted by the Council and alterations in changes for the maintenance of such residents.
7. To take such actions and decisions as may be required on behalf of the Council acting as an adoption agency.
8. To approve the reimbursement of or a contribution towards the legal expenses of prospective adopters reasonably incurred during the course of applications to adopt children in the care of the Council, where considered that the prospective adopter’s application is in the best interests of the child.
9. To reduce or waive the charge of providing a home study report for prospective inter-country adopters.
10. To exercise the functions of the Council in relation to individual children boarded out under the Children Act 1989 and other Regulations.
11. To take such actions and decisions as are necessary to discharge the Council’s duties to promote the welfare of individual children and young persons in the Council’s care including (but not limited to):
    1. giving consent for medical, dental and other treatment, for the issue of passports; and for such other purposes as may be required from time to time;
    2. appointing persons to review cases where children are kept in secure accommodation;
    3. appointing an independent person to be a visitor to a particular child in the circumstances set out in paragraph 17 of Schedule 2 to the Children Act 1989 in accordance with the Definition of Independent Visitors (Children) Regulations 1991.
12. To have discretion to reduce or waive any charge in any particular case of exceptional hardship.
13. To administer boarding policies and fees.
14. To appoint such professional and technical support staff for the supply of children’s activities as are deemed to be acceptable under the Children Act 1989 and to sign and issue written instruments of appointment.
15. Any function exercised on behalf of an NHS body relating to children.
16. To make such directions and to take such other steps as necessary or expedient to prevent a breakdown, or continuing breakdown, of discipline or governance at any school or suspend the financial delegation of any school in accordance with the Education Acts.
17. To exercise all functions under sections 10 to 17 inclusive and 20(9) of the Children Act 2004.
18. Following consultation with the Local Education Authority Governors' Appointment Panel, to nominate LA governors.
19. To approve nominations of LA representatives to serve on College Governing Bodies.
20. Following consultation with the appropriate Governing Body, to short-list candidates for interview for appointment as head teacher.
21. To approve individual exceptions to the general principle of including the names and addresses of all governors in written information for parents.
22. To administer within budgetary provision any scheme of aid to pupils with outstanding ability in sport.
23. To write off bad debts (up to a limit of £5,000) owed to the Council, linked with, attributed to or associated with the discharge of the Council’s Children’s Services functions.
24. To exercise (following consultation with the Executive Director Enabling Services where affecting the level of Council Tax) all the powers and duties exercisable by the Council under the legislation (which for the avoidance of doubt also includes regulations, orders, etc.)
    • Mandatory Awards
    • Discretionary Major and Minor Awards
    • Special Discretionary Awards
    • Discretionary European Fees Only Awards
    • Study Awards
    • Disabled Students Allowances
    reserving only to the Council those functions precluded from delegation by legislation and referring to the relevant Appeals Panel any appeal that cannot be resolved.
25. To make modifications / amendments to the approved standard conditions of grant aid.
26. Following consultation with the relevant Cabinet Member, the Director of Legal and Governance and the Executive Director Enabling Services to amend the terms of reference and membership set for the Schools’ Forum and Admissions Forum so far as may be necessary to give effect to any new Act, Regulation or Code of Practice.
27. To issue penalty notices for non-attendance at all Southampton schools in accordance with the Education (Penalty Notices) (England) Regulations 2004 as amended.
28. To provide financial assistance to community organisations hiring education facilities in the City in order to encourage dual use.
29. To determine all matters, decisions and appeals relating to school transport and following a consultation with a three person panel comprising senior officers.
30. Following consultation with the Executive Director Enabling Services, to approve all staffing and insurance arrangements for the visits of Youth Bands Orchestras and Choirs.
31. In exceptional cases, to make available awards to pupils with musical talent who do not attend Southampton schools.
32. To approve, for music or performing arts courses, any college a Discretionary Award applicant wishes to attend.
33. To make suitable adjustments annually to the maximum grant available for uniform / dress allowances to pupils of secondary school age to take account of inflation.
34. Where a family is in receipt of relevant benefits to pay for all initial replacement clothing and incidental expenses while the child is at a boarding school, as long as the family’s financial circumstances make them eligible.
35. To make the maximum clothing grant available to children at boarding schools with expensive clothing lists where families have a very low income, although not qualifying for relevant benefits.
36. To refer disputes with the governing bodies of schools to the Secretary of State under Section 495 of the Education Act 1996 and to apply to the Secretary of State for him to use his powers to prevent the unreasonable exercise of functions under Section 496 and to use his powers under Section 497 (General Default Powers) and 498 (Appointment of Governors) of the 1996 Act.
37. To permit playgroups to use any surplus school furniture or equipment as appropriate.
38. To review and amend the scale of grants for extra-curricular activities to pupils at non-maintained schools as necessary.
39. To approve educational arrangements with regard to swimming.
40. Following consultation with the relevant Cabinet Member, schools and governing bodies, to determine school term and holiday dates for future academic years
41. To appoint supervisors on buses where this is considered to be necessary to ensure the safety of children who are legally entitled to be transported to and from school.
42. To determine when supervision is necessary in motorcars and to arrange accordingly for pupils attending day schools.
43. To arrange with parents or private motorists for the transport of children who qualify for transport to ordinary or special schools and to pay mileage rates as set out in the Council’s School Travel Service Policy.
44. To arrange transport where this is justified by exceptional family circumstances or on medical grounds.
45. To accept a route other than the shortest available in cases where the shortest route could constitute a temporary danger to a pupil.
46. To vary the charge for privilege transport from time to time.
47. To approve additional payments in exceptional cases in respect of travel expenses incurred by pupils with special educational needs attending boarding schools.
48. To approve the payment of travelling expenses to parents of disabled children at residential special schools in cases of hardship where the frequency of visits per term for essential social reasons is in excess of the number of normally permitted visits.
49. To act in all cases relating to the placement of, or the provision of equipment for disabled children, with professional advice as to the appropriate form of action to be taken.
50. Following consultation with the relevant Cabinet Member to remove providers of nursery education who are failing to meet the national Code of Practice, or local conditions of funding, from the Directory of Registered Providers and where conditions of funding have been breached and cannot otherwise be remedied to the satisfaction of the Council, to seek the recovery of all or part of any nursery education grant paid to them.
51. Following consultation with the relevant Cabinet Member and Director of Legal and Governance, to develop and agree an appropriate process for any decisions to remove nursery education providers from the Directory of Registered Providers with the Southampton Early Years Development and Childcare Partnership, including a right to appeal the decision to an Appeals Panel comprising the Chair of the Early Years and Development Childcare Partnership, the Early Years and Development Childcare Manager and an independent representative for providers (or their respective nominees). All appeals will be conducted in accordance with the agreed procedure.
52. To oversee arrangements for early years settings on the Directory of Registered Providers in respect of eligible pre-school children receiving their entitlement to early years education and for the annual review of the funding rate that will apply to each provider under the authority’s early years funding formula.
53. To approve the data and inflation rates used in calculating school budget shares including numbers of special unit places.
54. To approve a catchment area, within the limits imposed by the Secretary of State from time to time, for each school on the Council’s approved list, for travelling expenses to be paid within that area or adjacent to it in the light of school organisation changes.
55. Following consultation with the appropriate Governing Body, to raise or lower the admission limit for a school on a temporary basis.
56. To agree, following consultation with the Director of Legal and Governance, the wording, form and content of any Statutory Notice for School Organisational Changes and the arrangements for their publication.
57. Following consultation with the Director of Legal and Governance, to issue regulations relating to safety matters in educational establishments as the need arises and to secure appropriate monthly arrangements for the review of such safety matters.
58. To determine requests for the provision of school meals in school holidays.
59. To approve the granting of a free meal at a further education establishment to certain students enrolled on courses for the unemployed sponsored by the Council, in accordance with the current eligibility for free school meals.
60. Following consultation with the Executive Director Enabling Services, to determine (raise or lower) charges for all types of school meals in accordance with the general policy of the Council on the School Meals Service.
61. To exercise all functions under Sections 23C to 24D of the Children Act 1989.

Deputy Director – Children's Social Care

1. Following consultation with Director of Legal and Governance, to institute any proceedings in any court or tribunal for an order under the Children Act 1989 and other associated children’s legislation where it is considered appropriate to do so, and to appear on behalf of the Council in any court proceedings:
2. To pay allowances in respect of children being looked after by the Council in accordance with the scheme approved by the Council for the time being.
3. To give consents on behalf of the Council where necessary in the interests of children and young persons of whom the Council is in loco parentis.
4. To approve levels of and variations in fees where the Council has accepted responsibility for children, young persons, or adults attending establishments not maintained or assisted by the Council and alterations in changes for the maintenance of such residents.
5. To take such actions and decisions as may be required on behalf of the Council acting as an adoption agency.
6. To approve the reimbursement of or a contribution towards the legal expenses of prospective adopters reasonably incurred during the course of applications to adopt children in the care of the Council, where considered that the prospective adopter’s application is in the best interests of the child.
7. To reduce or waive the charge of providing a home study report for prospective inter-country adopters.
8. To exercise the functions of the Council in relation to individual children boarded out under the Children Act 1989 and other Regulations.
9. To take such actions and decisions as are necessary to discharge the Council’s duties to promote the welfare of individual children and young persons in the Council’s care including (but not limited to):
   1. giving consent for medical, dental and other treatment, for the issue of passports; and for such other purposes as may be required from time to time;
   2. appointing persons to review cases where children are kept in secure accommodation;
   3. appointing an independent person to be a visitor to a particular child in the circumstances set out in paragraph 17 of Schedule 2 to the Children Act 1989 in accordance with the Definition of Independent Visitors (Children) Regulations 1991.
10. To have discretion to reduce or waive any charge in any particular case of exceptional hardship.
11. To administer boarding policies and fees.
12. To appoint such professional and technical support staff for the supply of children’s activities as are deemed to be acceptable under the Children Act 1989 and to sign and issue written instruments of appointment.
13. Any function exercised on behalf of an NHS body relating to children.
14. To make such directions and to take such other steps as necessary or expedient to prevent a breakdown, or continuing breakdown, of discipline or governance at any school or suspend the financial delegation of any school in accordance with the Education Acts.
15. To exercise all functions under sections 10 to 17 inclusive and 20(9) of the Children Act 2004.
16. To write off bad debts (up to a limit of £5,000) owed to the Council, linked with, attributed to or associated with the discharge of the Council’s Children’s Services functions.
17. To exercise (following consultation with the Executive Director Enabling Services where affecting the level of Council Tax) all the powers and duties exercisable by the Council under the legislation (which for the avoidance of doubt also includes regulations, orders, etc.)
    • Mandatory Awards
    • Discretionary Major and Minor Awards
    • Special Discretionary Awards
    • Discretionary European Fees Only Awards
    • Study Awards
    • Disabled Students Allowances
    reserving only to the Council those functions precluded from delegation by legislation and referring to the relevant Appeals Panel any appeal that cannot be resolved.
18. To make modifications / amendments to the approved standard conditions of grant aid.
19. Following consultation with Director of Legal and Governance , to institute any proceedings in any court or tribunal for an order under the Children Act 1989 and other associated children’s legislation where it is considered appropriate to do so, and to appear on behalf of the Council in any court proceedings:
20. To pay allowances in respect of children being looked after by the Council in accordance with the scheme approved by the Council for the time being.
21. To give consents on behalf of the Council where necessary in the interests of children and young persons of whom the Council is in loco parentis.
22. To approve levels of and variations in fees where the Council has accepted responsibility for children, young persons, or adults attending establishments not maintained or assisted by the Council and alterations in changes for the maintenance of such residents.
23. To take such actions and decisions as may be required on behalf of the Council acting as an adoption agency.
24. To approve the reimbursement of or a contribution towards the legal expenses of prospective adopters reasonably incurred during the course of applications to adopt children in the care of the Council, where considered that the prospective adopter’s application is in the best interests of the child.
25. To reduce or waive the charge of providing a home study report for prospective inter-country adopters.
26. To exercise the functions of the Council in relation to individual children boarded out under the Children Act 1989 and other Regulations.
27. To take such actions and decisions as are necessary to discharge the Council’s duties to promote the welfare of individual children and young persons in the Council’s care including (but not limited to):
    1. giving consent for medical, dental and other treatment, for the issue of passports; and for such other purposes as may be required from time to time;
    2. appointing persons to review cases where children are kept in secure accommodation;
    3. appointing an independent person to be a visitor to a particular child in the circumstances set out in paragraph 17 of Schedule 2 to the Children Act 1989 in accordance with the Definition of Independent Visitors (Children) Regulations 1991.
28. To have discretion to reduce or waive any charge in any particular case of exceptional hardship.
29. To administer boarding policies and fees.
30. To appoint such professional and technical support staff for the supply of children’s activities as are deemed to be acceptable under the Children Act 1989 and to sign and issue written instruments of appointment.
31. Any function exercised on behalf of an NHS body relating to children.
32. To make such directions and to take such other steps as necessary or expedient to prevent a breakdown, or continuing breakdown, of discipline or governance at any school or suspend the financial delegation of any school in accordance with the Education Acts.
33. To exercise all functions under sections 10 to 17 inclusive and 20(9) of the Children Act 2004.
34. To write off bad debts (up to a limit of £5,000) owed to the Council, linked with, attributed to or associated with the discharge of the Council’s Children’s Services functions.
35. To exercise (following consultation with the Executive Director Enabling Services where affecting the level of Council Tax) all the powers and duties exercisable by the Council under the legislation (which for the avoidance of doubt also includes regulations, orders, etc.)
    • Mandatory Awards
    • Discretionary Major and Minor Awards
    • Special Discretionary Awards
    • Discretionary European Fees Only Awards
    • Study Awards
    • Disabled Students Allowances
    reserving only to the Council those functions precluded from delegation by legislation and referring to the relevant Appeals Panel any appeal that cannot be resolved.
36. To make modifications / amendments to the approved standard conditions of grant aid.

Head of Education

1. Following consultation with the Local Education Authority Governors' Appointment Panel, to nominate LA governors.
2. To approve nominations of LA representatives to serve on College Governing Bodies.
3. Following consultation with the appropriate Governing Body, to short-list candidates for interview for appointment as head teacher.
4. To approve individual exceptions to the general principle of including the names and addresses of all governors in written information for parents.
5. To administer within budgetary provision any scheme of aid to pupils with outstanding ability in sport.
6. Following consultation with the relevant Cabinet Member, the Director of Legal and Governance and the Executive Director Enabling Services to amend the terms of reference and membership set for the Schools’ Forum and Admissions Forum so far as may be necessary to give effect to any new Act, Regulation or Code of Practice.
7. To issue penalty notices for non-attendance at all Southampton schools in accordance with the Education (Penalty Notices) (England) Regulations 2004 as amended.
8. To provide financial assistance to community organisations hiring education facilities in the City in order to encourage dual use.
9. To determine all matters, decisions and appeals relating to school transport and following a consultation with a three person panel comprising senior officers.
10. Following consultation with the Executive Director Enabling Services, to approve all staffing and insurance arrangements for the visits of Youth Bands Orchestras and Choirs.
11. In exceptional cases, to make available awards to pupils with musical talent who do not attend Southampton schools.
12. To approve, for music or performing arts courses, any college a Discretionary Award applicant wishes to attend.
13. To make suitable adjustments annually to the maximum grant available for uniform / dress allowances to pupils of secondary school age to take account of inflation.
14. Where a family is in receipt of relevant benefits to pay for all initial replacement clothing and incidental expenses while the child is at a boarding school, as long as the family’s financial circumstances make them eligible.
15. To make the maximum clothing grant available to children at boarding schools with expensive clothing lists where families have a very low income, although not qualifying for relevant benefits.
16. To refer disputes with the governing bodies of schools to the Secretary of State under Section 495 of the Education Act 1996 and to apply to the Secretary of State for him to use his powers to prevent the unreasonable exercise of functions under Section 496 and to use his powers under Section 497 (General Default Powers) and 498 (Appointment of Governors) of the 1996 Act.
17. To permit playgroups to use any surplus school furniture or equipment as appropriate.
18. To review and amend the scale of grants for extra-curricular activities to pupils at non-maintained schools as necessary.
19. To approve educational arrangements with regard to swimming.
20. Following consultation with the relevant Cabinet Member, schools and governing bodies, to determine school term and holiday dates for future academic years
21. To appoint supervisors on buses where this is considered to be necessary to ensure the safety of children who are legally entitled to be transported to and from school.
22. To determine when supervision is necessary in motorcars and to arrange accordingly for pupils attending day schools.
23. To arrange with parents or private motorists for the transport of children who qualify for transport to ordinary or special schools and to pay mileage rates as set out in the Council’s School Travel Service Policy.
24. To arrange transport where this is justified by exceptional family circumstances or on medical grounds.
25. To accept a route other than the shortest available in cases where the shortest route could constitute a temporary danger to a pupil.
26. To vary the charge for privilege transport from time to time.
27. To approve additional payments in exceptional cases in respect of travel expenses incurred by pupils with special educational needs attending boarding schools.
28. To approve the payment of travelling expenses to parents of disabled children at residential special schools in cases of hardship where the frequency of visits per term for essential social reasons is in excess of the number of normally permitted visits.
29. To act in all cases relating to the placement of, or the provision of equipment for disabled children, with professional advice as to the appropriate form of action to be taken.
30. Following consultation with the relevant Cabinet Member to remove providers of nursery education who are failing to meet the national Code of Practice, or local conditions of funding, from the Directory of Registered Providers and where conditions of funding have been breached and cannot otherwise be remedied to the satisfaction of the Council, to seek the recovery of all or part of any nursery education grant paid to them.
31. Following consultation with the relevant Cabinet Member and Director of Legal and Governance, to develop and agree an appropriate process for any decisions to remove nursery education providers from the Directory of Registered Providers with the Southampton Early Years Development and Childcare Partnership, including a right to appeal the decision to an Appeals Panel comprising the Chair of the Early Years and Development Childcare Partnership, the Early Years and Development Childcare Manager and an independent representative for providers (or their respective nominees). All appeals will be conducted in accordance with the agreed procedure.
32. To oversee arrangements for early years settings on the Directory of Registered Providers in respect of eligible pre-school children receiving their entitlement to early years education and for the annual review of the funding rate that will apply to each provider under the authority’s early years funding formula.
33. To approve the data and inflation rates used in calculating school budget shares including numbers of special unit places.
34. To approve a catchment area, within the limits imposed by the Secretary of State from time to time, for each school on the Council’s approved list, for travelling expenses to be paid within that area or adjacent to it in the light of school organisation changes.
35. Following consultation with the appropriate Governing Body, to raise or lower the admission limit for a school on a temporary basis.
36. To agree, following consultation with the Director of Legal and Governance, the wording, form and content of any Statutory Notice for School Organisational Changes and the arrangements for their publication.
37. Following consultation with the Director of Legal and Governance, to issue regulations relating to safety matters in educational establishments as the need arises and to secure appropriate monthly arrangements for the review of such safety matters.
38. To decline requests for the provision of school meals in school holidays.
39. To approve the granting of a free meal at a further education establishment to certain students enrolled on courses for the unemployed sponsored by the Council, in accordance with the current eligibility for free school meals.
40. Following consultation with the Executive Director Enabling Services, to determine (raise or lower) charges for all types of school meals in accordance with the general policy of the Council on the School Meals Service.
41. To represent the interests of the Council through attendance at the Sub Regional Group on post 16 commissioning and to take all decisions required pursuant to membership on the group in relation to the exercise of statutory duties for the commissioning of learning and skills for children and young people.
42. To exercise all powers and duties granted or imposed under the Apprenticeship, Skills, Children and Learning Act 2009 and to do anything necessary to commission services as provided for in accordance with the Council’s 16-19 obligations.
43. To formally sign off regeneration Delivery Plans and Funding Agreements with the appropriate Funding Agencies for all externally funded projects and programmes relating to equalities, cohesion, community safety and community involvement following consultation with the Executive Director Enabling Services.
44. After consultation with the Executive Director Enabling Services, to approve, cancel or amend funding agreements for learning providers in relation to post-16 learning.
45. To pay travelling allowances to eligible students at Further Education establishments on the basis of public transport season ticket costs.
46. To pay travelling allowances to students qualifying for transport who provide their own vehicles to travel to schools/colleges according to a scale to be determined and varied as required following consultation with the Executive Director Enabling Services.
47. To implement in respect of further education students, where appropriate, any changes in transport regulations made which affect pupils aged 16-19 attending secondary schools and colleges.
48. To work with Post-16 learning providers to ensure that transport is not a barrier to participation in learning, and to implement activities and provide financial support where appropriate.

Director of Strategy & Performance

1. To make amendments to the Council’s equality policies in order to address evolving legal and performance requirements.
2. To lead on all policies relating to equalities, social cohesion and community engagement.
3. To be responsible for the completion and updating of the Policy Framework Plans following consultation with the Director of Legal and Governance, and implementing the Council’s Performance Management Framework.
4. To make minor and technical amendments to any Level 1 and Level 2 strategies, following consultation with the relevant Cabinet Member and Chief Executive, provided the amendments only make updates to data or actions based on latest evidence and performance and only following consultation with the Director of Legal and Governance where such changes require amendment to the Council’s Constitution.
5. To design, develop, launch and / or commission research and customer insight activities.
6. To design, develop, launch and / or commission public consultation activities with approval of relevant chief officer and cabinet member.
7. The provision and sharing of data for research initiatives.
8. To approve changes, updated content and enhancements to the Southampton Data Observatory website and its associated technology and standards and similar initiatives.
9. To develop, update and publish the Joint Strategic Needs Assessment, Community Safety Strategic Needs Assessment, Pharmaceutical Needs Assessment and any other statutory needs assessment to inform future planning and commissioning of services and the reduction of inequalities, in agreement with the Director of Public Health and / or responsible Statutory Partnership Board.
10. Decisions relating to the collection, organisation, storage and analytical use of Council held data and the implementation of new technologies to support evidence-based decision making within the Council, adhering to all relevant policies and strategies, in consultation with the Head of IT and Data Protection Officer where necessary.
11. Decisions relating to the collection, preparation and completion of statutory data returns for the Council, in agreement with the responsible Director or Head of Service.
12. Decisions relating to the definition of research priorities of the Southampton HDRC including engagement activities with local communities
13. To design, develop, launch and / or commission research activities aligned to Southampton HDRC research priorities.
14. The provision and sharing of data for Southampton HDRC research initiatives.
15. To develop and submit bids for external research funding aligned to Southampton HDRC research priorities.
16. To commission third parties to deliver media relations, social media, email and digital marketing and public engagement, to protect and enhance the Council’s reputation and services, and in emergency warn and inform.
17. In cases of urgency, and/or when an appropriate Member or officer is not available, to act as a spokesperson for the Council.
18. To commission suppliers to install and manage outdoor advertising assets subject to relevant planning and legal approvals.
19. To commission suppliers to manage advertising across the council’s digital channels.