Council Constitution 03 Part 3 - Responsibility For Functions

The Executive shall comprise

• Leader: Councillor Lorna Fielker
• Deputy Leader and Finance & Corporate Services: Councillor Simon Letts
• Adults and Health: Councillor Marie Finn
• Children & Learning: Councillor Alexander Winning
• Compliance & Leisure: Councillor Toqeer Kataria
• Economic Development: Councillor Sarah Bogle
• Environment & Transport: Councillor Eammon Keogh
• Housing Operations: Councillor Andy Frampton
• Communities & Safer City: Councillor Christine Lambert
• Green City and Net Zero: Councillor John Savage

Cabinet

The Cabinet collectively and Cabinet Members individually will be responsible for the following functions:

• The community planning process and the search for best value, with input and advice from overview and scrutiny committees and any other persons as appropriate;
• The preparation of the local authority’s Policy Framework and Budget;
• The preparation of the authority’s financial strategy;
• Setting a clear and realistic direction, reflected in the Council Strategy and financial strategy; setting out clear corporate priorities and ensuring they are reflected in the budget and other planning and decision-making processes; ensuring that decisions of the Executive reflect corporate priorities and plans, including decisions about the allocation of resources; communicating decisions on corporate priorities to the local community;
• The promotion and pursuit of principles espoused by the Council in respect of social cohesion, and a sustainable environment, in its role as an employer, service provider and the exercise of community leadership;
• Achieving efficiencies through taking in-year decisions on resources and priorities, together with other stakeholders and partners in the local community, delivering and implementing the budget and policies decided by Full Council;
• Being the focus for forming partnerships with other local public, private, voluntary and community sector organisations to address local needs;
• Determining proposals for and variations to the Policy Framework and Budget that are to be proposed to Full Council;
• Considering reports of Overview and Scrutiny Management Committee, and its Panels (sub- committees) and formulating responses to those;
• Making any decision in respect of an Executive function which has been delegated where the delegate has decided not to exercise their delegation;
• In the absence of any Cabinet Member (including the Leader) or where any Cabinet Member (including the Leader) is not available or able to make a decision, Cabinet may, subject to the Leader’s agreement, discharge that Executive function in respect of that decision;
• Subject to the budget, determining the grants to be paid by the Council;
• The Council's pursuit of efficiencies and Value for Money in its use of resources for the provision of services to citizens of the City and its business community by pursuing a holistic approach through the effective integration of programmes and plans including the Sustainable Community Strategy and Southampton Connect and the Council's customer focus through programmes of continuing improvement;
• The appointment of any individual:
  
  • to any office other than an office in which s/he is employed by the authority;
  • to any other body other than (i) the authority (ii) a joint committee of two or more authorities; or to any committee or sub-committee of such a body.
  and the revoking of any such appointment, to the extent that appointments are usually but not exclusively to outside bodies in connection with functions which are the responsibility of the Executive;
• The appointment of any panel, body or other grouping of elected Members, officers or other persons, together or in combination, whether or not jointly with any other authority or organisation other than a committee, a sub-committee of the Council or a joint committee of two or more authorities, as defined in Section 101 of the Local Government Act 1972;
• Matters relating to the Portfolio involving Member contacts with the Government and any Regional or National organisations;
• The application of national policies locally and any consequent forward planning necessary;
• Liaison and joint working with other Cabinet Members to ensure the objectives of the Council are met and that Business and Service Plans link with commitments agreed by the Cabinet;
• Reporting to Full Council and its decision-making and scrutiny functions where appropriate;
• Seeking comments on Policy development through Cabinet and Scrutiny and issuing statements and bulletins related to matters within the Portfolio;
• Representing the Council on and exercising any functions in relation to any Partnership Boards or Committees to which they are appointed.

Delegation of Functions

The Chief Executive and Executive Directors.*

Leader

The Leader shall be responsible for:

• Appointing a Cabinet of not fewer than three and not more than ten councillors (including the Leader);
• Determining a scheme of delegation for Executive functions.

The Cabinet Member shall be responsible for and lead on the following functions:

• Leader of the Council;
• Primary spokesperson for the Council;
• Liaison with the Government
• Renaissance Board
• Transformation, Change and Balanced Budget - Council
• Culture, Arts & Heritage, Libraries, including Cultural Trust and Tourism
• Corporate Plan and Corporate Policy Development
• Housing Development and Regeneration
• Equalities

Delegation of Functions

The Chief Executive and Executive Directors.*

Cabinet Member For Children & Learning

This Cabinet Member is the Lead Member with responsibilities for children’s services under Section 19 of the Children Act 2004

The Cabinet Member shall be responsible for and lead on the following functions:

• Children’s Social Care & Safeguarding
• Education, including Early Years, Music Services, Special Education Needs, School Travel Service
• Transformation, Change and Balanced Budget – Children & Learning

Delegation of Functions

The Chief Executive and Executive Directors.*

Cabinet Member For Compliance & Leisure

The Cabinet Member shall be responsible for and lead on the following functions:

• Leisure Strategy Development and Delivery, not including assets
• Environment and Port Health
• Trading Standards
• Licensing
• Emergency Planning and Business Continuity
• Registration and Bereavement Services
• Transformation, Change and Balanced Budget – Compliance and Leisure

Delegation of Functions

The Chief Executive and Executive Directors.*

Cabinet Member For Economic Development

The Cabinet Member shall be responsible for and lead on the following functions:

• Skills & Apprenticeships
• Freeport
• Levelling Up
• Economic Development
• Strategic Planning, Development Management (+ Planning Enforcement) and Building Control
• Key Strategic Developments, Key Property Projects with the Council
• Property Services, including Corporate Landlord, ADDP
• District Centre Regeneration
• Skills & Apprenticeships
• Transformation, Change and Balanced Budget – Economic Development

Delegation of Functions

The Chief Executive and Executive Directors.*

Cabinet Member For Finance & Corporate Services

The Cabinet Member shall be responsible for and lead on the following functions:

• Strategic Financial Planning and Management
• Capital Programme
• CIL
• Commissioning, Procurement & Supplier Management
• Governance, Risk & Assurance
• Audit
• Legal & Election Service
• HR
• IT
• Customer Contact and Service Support
• Transformation, Change and Balanced Budget – Finance
• Leisure Assets

Delegation of Functions

The Chief Executive and Executive Directors.*

Cabinet Member For Housing Operations

The Cabinet Member shall be responsible for and lead on the following functions:

• Council Housing
• Kanes Hill
• Private Rented Sector
• Homelessness & Rough Sleeping
• Transformation, Change and Balanced Budget – Housing Operations

Delegation of Functions

The Chief Executive and Executive Directors.*

Cabinet Member For Adults and Health

The Cabinet Member shall be responsible for and lead on the following functions:

• Public Health
• Health Integration
• Adult Social Care & Safeguarding
• Transformation, Change and Balanced Budget – Adults and Health

Delegation of Functions

The Chief Executive and Executive Directors.*

Cabinet Member For Environment & Transport

The Cabinet Member shall be responsible for and lead on the following functions:

• Integrated Transport & Transport Decarbonisation (EV)
• Highways & Infrastructure
• Car Parks
• Itchen Bridge
• Flood Risk Management
• Waste Services including Domestic, Commercial, Recycling, Street Cleansing & Fly Tipping
• Transformation, Change and Balanced Budget – Environment and Transport

Delegation of Functions

The Chief Executive and Executive Directors.*

Cabinet Member For Green City and Net Zero

The Cabinet Member shall be responsible for and lead on the following functions:

• Green City and Net Zero (Climate Change Strategy including Climate Commission/Assembly)
• Parks and Open Spaces
• Air Quaility
• Biodiversity and Green Infrastructure
• Transformation, Change and Balanced Budget – Green City and Net Zero

Delegation of Functions

The Chief Executive and Executive Directors.*

Cabinet Member For Communities and Safer City

The Cabinet Member shall be responsible for and lead on the following functions:

• Stronger Communities including volunteering and community use of Council assets
• Community Engagement
• Voluntary Organisations
• Community Safety
• Youth Offending
• Domestic Violence
• Enforcement (lead on coordinated approach to “on street” matters with partners and council services such as ASB, Community Wardens, traffic enforcement, fly tipping, litter, environmental health)
• Gypsies & Travellers, not including Kanes Hill
• Transformation, Change and Balanced Budget – Communities and Safer City

Delegation of Functions

The Chief Executive and Executive Directors.*

Footnote

*Reference should also be made to the Officers’ Scheme of Delegation (available from the Democratic Services Manager) for any additional, supplementary or limits to the delegations set out in this Constitution. In the absence of any reference in the Officers’ Scheme of Delegation, any function delegated by virtue of this part of the Constitution is delegated in full, although the delegator and delegatee may exercise that function in totality.

Functions Under The Hampshire Act 1983

Executive Functions

• Sections 18, 19, 20 and 21 – Itchen Bridge – Council has power to make order re demanding, taking and recovery of tolls and may make byelaws re the Also power to prosecute.
• Sections 22 – 31 – Itchen Bridge – determination of level, type and recovery of toll
• Section 32 – Itchen Bridge – Finance
• Section 35 – Itchen Bridge – Closure of
• Section 36 – 46 – Itchen Bridge – tidal and other works affecting bridge
• Section 70 – Council has power to provide facilities for hovercraft, hydrojuniorvessels etc

Non – Executive Functions

• Section 4 – Hairdressers and Barbers – Application for registration to carry on business on Council to issue certificate of registration. Council can prosecute for non – registration or for failure to display certificate.
• Section 7 – Touting, hawking, photographing etc – Council may designate places and grant Council can prosecute and aggrieved in respect of Consent can appeal to Magistrates Court.
• Section 8 – Control of stray dogs
• Section 9 – Seizure of horses
• Section 10 – Byelaws as to Leisure Centres – Council may make byelaws for specified purposes.
• Sections 11, 12 and 13 – Fire Precautions – Council may reject plans or impose Any person aggrieved may appeal. Council has power to prosecute.
• Section 34 – Itchen Bridge – Power to make byelaws
• Sections 58 and 59 – Unlawfully parked vehicles re the Common, parks and recreation grounds – Council may prosecute
• Section 60 – Mayflower Park – Council may close the park for 10 consecutive days etc
• Section 61 – Pedestrian ways – Council may by resolution etc declare a pedestrian way and may make byelaws
• Section 68 – Prevention of obstruction of streets

Terms Of Reference For Licensing Committee

General

1. This is a committee of the Council appointed by the Council under Section 6 of the Licensing Act 2003.
2. The Council has arranged under Section 7 of the 2003 Act and Section 101(1) of the 1972 Act for the discharge by the Committee of such of the Council’s functions as are within the Committee’s terms of reference (set out below).
3. Certain functions are delegated by this Committee to Officers. Full details may be found in the Officers’ Scheme of Delegation which may be obtained online.
4. Where a function or matter within the Panel’s competence has been delegated to an officer, the Committee may exercise that function/matter concurrently with the officer to whom it has been delegated.
5. The exercise of any function or matter within the Committee’s competence is always subject to any relevant requirement of the Council’s Constitution including any Special Procedure and Protocol drawn up and approved by the Director of Legal & Governance in pursuance of Council Procedure Rule 2 or which may be prescribed by law.

Terms Of Reference

1. To undertake all licensing functions, powers and duties conferred by the Licensing Act 2003 and as set out in schedule 1B of the Local Authorities (Functions and Responsibilities) (England) Regulations 2000 (SI 2853 of 2000) as amended and the Local Government Act, 1972 including but not limited to the matters set out below.
2. Approve a framework for the effective discharge by the Council of the statutory licensing function by itself and its sub-committees.
3. Keep under review and publish a Statement of Licensing Policy.
4. Appoint sub-committee(s) to discharge the Council’s licensing functions under the Licensing Act 2003.
5. Appoint sub-committee(s) to discharge the Council’s licensing functions as set out in schedule 1B of the Local Authorities (Functions and Responsibilities) (England) Regulations 2000 (SI 2853 of 2000) as amended and the Local Government Act 1972.
6. To set licence fees as appropriate under the Gambling Act 2005.

Terms Of Reference For Licensing (Licensing And Gambling) Sub-Committee

General

1. This is a sub-committee of the Licensing Committee appointed by that Committee under the Licensing Act 2003.
2. The Committee has arranged under Section 9 of that Act for the discharge by the Sub- Committee of such of the Council’s functions as are within the Sub-Committee’s terms of reference (set out below).
3. Certain functions are delegated by this Sub-Committee to Officers. Full details may be found in the Officers’ Scheme of Delegation which may be obtained online.
4. Where a function or matter within the Panel’s competence has been delegated to an officer, the Sub-Committee may exercise that function/matter concurrently with the officer to whom it has been delegated.
5. The exercise of any function or matter within the Sub-Committee’s competence is always subject to any relevant requirement of the Council’s Constitution including any Special Procedure and Protocol drawn up and approved by the Director of Legal and Governance in pursuance of Council Procedure Rule 2 or which may be prescribed by law.

Terms Of Reference

Except for matters of Policy to undertake all functions, powers and duties conferred by the Licensing Act 2003 including but not limited to the matters set out below:

1. Licensing Act 2003: Power to determine applications for personal licences.
2. Licensing Act 2003: Power to determine applications for premises licences and club premises certificate.
3. Licensing Act 2003: Power to determine applications for variation of premises licence and club premises certificates.
4. Licensing Act 2003: Power to determine applications for transfer of premises licences.
5. Licensing Act 2003: Power to review premises licence and club premises certificates.
6. Licensing Act 2003: Power to determine police or environmental health objections to temporary event notices.
7. Gambling Act 2005:
   1. Where representations on the following applications have been received and not withdrawn to determine applications:
      1. for premise licences;
      2. for variation of premises licences;
      3. for transfer of premises licences;
      4. for provisional statements;
      5. for club gaming or machine permits;
   2. The cancellation of club gaming or club machine permits;
   3. Decision to give a counter notice to a temporary use notice;
   4. Take “action” under Section 202 where the review is heard by the sub committee

8. Gambling Act 2005: Power to register societies wishing to promote lotteries.
9. Gambling Act 2005: Power to issue premises licences and to receive temporary use notices.

Terms Of Reference For Licensing (General) Sub-Committee

General

1. This Sub-Committee is a Sub-Committee of the Licensing Committee appointed by the Committee under the Local Government Act 1972.
2. The Committee has arranged under Section 101(1) of that Act for the discharge by the Sub- Committee of such of the Council’s functions as are within the Sub-Committee’s terms of reference (set out below).
3. Certain functions are delegated by this Panel to Officers. Full details may be found in the Officers’ Scheme of Delegation which may be obtained online.
4. Where a function or matter within the Sub-Committee’s competence has been delegated to an officer, the Sub-Committees may exercise that function/matter concurrently with the officer to whom it has been delegated.
5. The exercise of any function or matter within the Sub-Committee’s competence is always subject to any relevant requirement of the Council’s Constitution including any Special Procedure and Protocol drawn up and approved by the Director of Legal and Governance in pursuance of Council Procedure Rule 26.2.

Terms Of Reference

Except for matters of Policy to undertake all licensing functions, powers and duties conferred by the Local Government Act 1972 including but not limited to the matters set out below:

Terms Of Reference For Planning And Rights Of Way Committee

(known as Planning and Rights of Way Panel)

General

1. This Panel is a Committee of the Council appointed by the Council under Section 102(1) of the Local Government Act 1972.
2. The Council has arranged under Section 101(1) of that Act for the discharge by the Panel of such of the council's functions as are within the Panel's terms of reference (set out below).
3. Certain functions are delegated by this Panel to Officers. Full details may be found in the Officer’s Scheme of Delegation which may be obtained online.
4. Where a function or matter within the Panel's competence has been delegated to an officer, the Panel may exercise that function/matter concurrently with the officer to whom it has been delegated.
5. The exercise of any function or matter within the Panel's competence is always subject to any relevant requirement of Contract Standing Orders, Financial Regulations and Council Procedure Rules as amended from time to time including any Special Procedures drawn up and approved by the Director of Legal and Governance in pursuance of Procedure Rule 26.2.

Terms Of Reference

Terms Of Reference For Governance Committee

General

1. This Committee is a committee of the Council appointed by the Council under the Local Government Act 1972
2. Certain functions are delegated by this Committee to Officers. Full details may be found in Part 3 of the Council’s Constitution
3. Where a function or matter within the Committee's competence has been delegated to an officer, the Committee may exercise that function/matter concurrently with the officer to whom it has been delegated.
4. The exercise of any function or matter within the Committee's competence is always subject to any relevant requirement of the Council’s Constitution including any Special Procedure and Protocol drawn up and approved by the Director of Legal and Governance in pursuance of Council Procedure Rule 2.

Terms Of Reference

Standards, ethics and probity

1. To lead on the Council’s duties under Chapter 7 Localism Act 2011 and to design, implement, monitor, approve and review the standards of ethics and probity of the Council, both for Councillors and The Committee’s powers shall include responding to consultation documents and the promulgation of Codes of Conduct but the adoption and revisions to the local Members Code of Conduct shall be reserved to the Council.
2. To promote a culture of openness, ready accountability and probity in order to ensure the highest standards of conduct of Councillors and employees.
3. To lead on all aspects of Corporate Governance by promoting the values of putting people first, valuing public service and creating a norm of the highest standards of personal conduct.
4. To oversee and manage programmes of guidance, advice and training on ethics, standards and probity for Councillors and employees and on the Members Code of Conduct.
5. To be responsible for the Council’s register of Members’ interests and to receive reports from the Monitoring Officer on the operation of the register from time to time.
6. To be responsible for written guidance and advice on the operation of the system of declarations of Members’ Interests and to receive reports form the Monitoring Officer on the operation of the system of declarations from time to time.
7. To establish, monitor, approve and issue advice and guidance to Councillors on a system of dispensations to speak on, or participate in, matters in which they have interests and give dispensation in appropriate cases.
8. To exercise the functions of the Council in relation to the ethical framework, corporate governance and standards of conduct of Joint Committees and other bodies.
9. To establish a Standards Sub-Committee to investigate and determine appropriate action in respect of alleged breaches of the Members Code of Conduct.
10. To support the Monitoring Officer and Executive Director: Enabling Services in their statutory roles and the issuing of guidance on them from time to time.
11. To receive regular reports on the performance of the Corporate Complaints process, Local Government & Social Care Ombudsman referrals, Annual Governance Statement and Code of Corporate Governance and to recommend revisions to related policies and procedures as appropriate.

Employment Matters

General

1. Certain functions are delegated by this Panel to Officers. Full details may be found in the Officer’s Scheme of Delegation which may be obtained online.
2. Where a function or matter within the Panel's competence has been delegated to an officer, the Panel may exercise that function/matter concurrently with the officer to whom it has been delegated.
3. The exercise of any function or matter within the Panel's competence is always subject to any relevant requirement of the Council’s Constitution including any Special Procedure and Protocol drawn up and approved by the Director of Legal and Governance in pursuance of Council Procedure Rule 26.2.

1. Power to appoint staff, excluding Chief Officers, and to determine the terms and conditions on which all staff hold office but excluding revisions to pay scales (including procedures for their dismissal). (Section 122 Local Government Act 1972).
2. The making of agreements with other local authorities for the placing of staff at the disposal of those other authorities, to the extent that the staff are being placed at the disposal of the other authority in relation to the discharge of functions which are not the responsibility of the Executive of the authority placing the staff. (Section 13(4) and (5) Local Government Act 1972).
3. Functions relating to local government pensions, (Regulations under Section 7, 12 or 24 Superannuation Act 1972).
4. To agree redundancy and severance payments and early release of pension benefits, where added years, enhanced payments or any element of discretion is sought.
5. To determine any appeal against a decision where a right of appeal exists at law, but where there is no specific provision in the terms of reference of any other Committee or Panel for the hearing of such an appeal.
6. To determine school transport and associated appeals.
7. To have oversight and keep under review all the HR policies and procedures.
8. To determine any appeal where, in the opinion of the Director of Legal and Governance, a right of appeal should be conferred to give effect to the operation of the principles of natural justice or the principles contained in the Human Rights Act 1998.

Terms Of Reference For Standards Sub-Committee

1. To assess written allegations that a member or co-opted member (or former member or co- opted member) of the Council has failed, or may have failed, to comply with the Members Code of Conduct in accordance with Chapter 7 Localism Act 2011 or any amendment or re- enacted thereof and to administer sanctions where appropriate.
2. To grant dispensations to members under Section 33 Localism Act 2011 or any amendment or re-enacted thereof.

NB Reference to member, co-opted member or former member includes reference to former independent members of the Governance Committee and Church and Parent Governor representatives.

Terms Of Reference For Standards Appeals Sub-Committee

1. To hear an appeal by any member where the Standards Sub Committee has found that the member has failed to comply with the Members Code of Conduct in accordance with Chapter 7 Localism Act 2011 or any amendment or re-enacted thereof and administer sanctions where appropriate.

Terms Of Reference For Audit Committee

1. To provide independent assurance on the adequacy of the risk management framework and the internal control and reporting environment. To oversee financial reporting and annual governance processes leading to the production of the annual governance statement.
2. To be satisfied and provide assurance that appropriate controls and actions are being taken on risk and internal control related issues identified by the internal or external auditors or other review and inspection bodies, including the acceptance of significant risk.
3. To receive, and make recommendations on, such reports as are required in relation to all audit matters including the Annual Audit Plan.
4. To monitor the progress and implementation of the Council’s Improvement Plan produced in response to any Best Value or other inspections The Committee shall specifically have responsibility for oversight of and provision of assurance on the following functions:
   1. securing value for money and reviewing the effectiveness of these arrangements
   2. consider the framework of assurance and the framework addresses the risk and priorities of the council
   3. ensuring that Council assets are safeguarded;
   4. maintaining proper accounting records;
   5. ensuring the independence, objectivity and effectiveness of internal and external audit;
   6. the arrangements made for cooperation between internal and external audit and other review bodies;
   7. considering the reports of internal and external audit and other review and inspection bodies;
   8. ensuring that internal and external audit are free from interference when setting the priorities of the annual audit plan, including scoping and communication of the results of audit work performed;
   9. the internal and external auditors have free and unfettered access to senior management, the leader and chair of this committee;
   10. ensuring that there is no compromise on the ability of internal or external audit to provide independent assurance on the control framework;
   11. the scope and effectiveness of the internal control systems established by management to identify, assess, manage and monitor financial and non-financial risks (including measures to protect against, detect and respond to fraud).
   12. consider the reports of progress and performance of the internal auditors, including any deviations from the public sector internal audit standards and any significant resource deficiencies.
   13. To review the Annual Governance Statement (AGS) prior to approval and consider whether it properly reflects the risk environment and supporting assurances, taking into account internal audits opinion on the overall adequacy and effectiveness of the council's framework of governance, risk management and control.
   14. To consider the council's arrangements to secure value for money and review assurances an assessments on the effectiveness of these arrangements.
   15. Take consider the council's framework of assurance and ensure that it adequately addresses the risks and priorities of the council.
   16. To monitor the effect of development and operation of risk management in the Council.
   17. To monitor progress in addressing risk related issues reported to the committee.
   18. To review the assessment of fraud risks and potential harm to the Council from fraud and corruption.
   19. To monitor the counter fraud strategy, actions and resources which includes relevant strategies and procedures such as the Council's whistle blowing strategy and procedures.
   20. To review the governance and insurance arrangements for wholly owned companies (if any), significant partnerships, or collaborations.
   21. To approve the internal audit charter.
   22. To approve the risk based internal audit plan and counter fraud plan, including internal audits resource requirements, the approach to using other sources of assurance and any work required to place reliance upon those of the sources.
   23. To consider a report on the effectiveness of internal audit to support the AGS where required to do so by the accounts and audit regulations.
   24. To support the independence of external audit through consideration of the external auditors annual assessment of its independence and review of any issues raised by the Public Sector Audit Appointments (PSAA) or the authority’s auditor panel as appropriate.
   25. To consider the external auditor’s annual letter, relevant reports and report to those charged with governance.
   26. To advise and recommend on the effectiveness of relationships between external and internal audit another inspection agencies or relevant bodies.
   27. To review and approve the annual statement of accounts. Specifically, to consider whether appropriate accounting policies have been followed and whether there are any concerns arising from the financial statements or from the audit that need to be brought to the attention of the council.
   28. To consider the external auditor’s report to those charged with governance on issues arising from the order of accounts.
   29. To seek assurances that the Council has complied with the Treasury Management Strategy and Practices by demonstrating effective control of the associated risks and pursuing optimum performance consistent with those risks.
   30. To report to those charged with governance on the Committee's findings, conclusions and recommendations concerning the adequacy and effectiveness of their governance, risk management and internal control frameworks, financial reporting arrangements and, internal and external audit functions.
   31. To publish an annual report on the workings of the Committee for the previous municipal year.

Terms Of Reference For Overview And Scrutiny Management Committee

General

1. This Committee is a committee of the Council appointed by the Council under Section 102(1) of the Local Government Act 1972.
2. The Council has arranged under Section 101(1) of that Act for the discharge by the Committee of such of the Council's functions as are within the Committee’s terms of reference (set out below).
3. Certain functions are delegated by this Committee to Officers. Full details may be found in the Officer’s Scheme of Delegation which may be obtained online.
4. Where a function or matter within the Committee's competence has been delegated to an officer, the Committee may exercise that function/matter concurrently with the officer to whom it has been delegated.
5. The exercise of any function or matter within the Committee's competence is always subject to any relevant requirement of the Council’s Constitution including any Special Procedure and Protocol drawn up and approved by the Director of Legal and Governance in pursuance of Council Procedure Rule 26.2.

Terms Of Reference

1. Approve a framework for the effective discharge by the Council of the statutory overview and scrutiny function by itself and its Scrutiny Panels;
2. Prepare and monitor a Scrutiny Programme, to be developed in consultation with members of Scrutiny Panels.
3. Appoint such sub-committees as it considers appropriate to fulfil the overview and scrutiny functions on behalf of the Council;
4. Where matters fall within the remit of more than one overview and scrutiny subcommittee, determine which of those sub-committees will assume responsibility for any particular issue and to resolve any issues of dispute of sub-committees.
5. To be responsible for the scrutiny of all corporate and resource management issues.
6. To exercise the power of call-in.
7. To undertake scrutiny of the Forward Plan.
8. To undertake regular monitoring of the Council’s performance and budgets and to assess progress made in delivering services in conjunction with with partners.
9. In accordance with the Police and Justice Act 2006 to engage as appropriate with the designated Responsible Authorities in respect of crime and disorder matters.
10. Consider, at least once a year, and make reports or recommendations to the local authority with regards to actions undertaken by the responsible authorities on the Safe City Partnership.
11. To receive matters raised through the Councillor Call to Action, including crime and disorder matters.

Scrutiny Panel Terms Of Reference

General

The Health Overview & Scrutiny Panel and Children & Families Scrutiny Panel will have six scheduled meetings per year, with additional meetings organised as required.

Terms Of Reference

Health Overview and Scrutiny Panel

1. To discharge all responsibilities of the Council for health overview and scrutiny, whether as a statutory duty or through the exercise of a power, including subject to formal guidance being issued from the Department of Health, the referral of issues to the Secretary of State.
2. To undertake the scrutiny of Adult Social Care issues in the City unless they are forward plan items. In such circumstances members of the Health Overview & Scrutiny Panel will be invited to the relevant Overview & Scrutiny Management Committee meeting where they are discussed.
3. To develop and agree the annual health and social care scrutiny work programme.
4. To scrutinise the development and implementation of the Joint Strategic Needs Assessment and Health & Wellbeing Strategy developed by the Health and Wellbeing Board.
5. To provide the membership of any joint committee established to respond to formal consultations by an NHS body on an issue which impacts the residents of more than one overview and scrutiny committee area.
6. To consider Councillor Calls for Action for health and social care matters.
7. To respond to proposals and consultations from NHS bodies in respect of substantial variations in service provision and any other major health consultation exercises.
8. Liaise with the Southampton Healthwatch and to respond to any matters brought to the attention of overview and scrutiny by Southampton Healthwatch.
9. Provide a vehicle for the City Council’s Overview & Scrutiny Management Committee to refer recommendations arising from panel inquiries relating to the City’s health, care and well- being to Southampton Healthwatch, for further monitoring.
10. Undertake inquiries relating to health and well-being issues in the city.

Children and Families Scrutiny Panel

1. To undertake the scrutiny of Children & Families Services in the City, including the Multi Agency Safeguarding Hub (MASH), Early Help, Specialist & Core Service, looked after children, education and early years and youth offending services, unless they are forward plan items. In such circumstances members of the Children & Families Scrutiny Panel will be invited to the relevant Overview & Scrutiny Management Committee meeting where they are discussed.

Scrutiny of Children & Families Services in the City to include:

1. Monitoring the implementation and challenging the progress of the Council’s action plan to address the recommendations made by Ofsted following their inspection of Children’s Services in Southampton and review of Southampton Local Safeguarding Children Board (LSCB) in July 2014.
2. Regular scrutiny of the performance of multi-agency arrangements for the provision of early help and services to children and their families.
3. Scrutiny of early years and education including the implementation of the Vision for Learning 2014 – 2024.
4. Scrutiny of the development and implementation of the Youth Justice Strategy developed by the Youth Offending Board.
5. Referring issues to the Chair of the LSCB and the Corporate Parenting Committee.

Scrutiny Inquiry Panel

1. Undertake Inquiries as directed by the Overview & Scrutiny Management Committee.

Terms Of Reference For Chief Officer Employment Committee

(known as Chief Officer Employment Panel)

General

1. The Committee has arranged under Section 101(1) of that Act for the discharge by the Panel of such of the Council's functions as are within the Panel’s terms of reference (set out below).
2. The exercise of any function or matter within the Panel’s competence is always subject to any relevant requirement of the Council’s Constitution including any Special Procedure and Protocol drawn up and approved by the Director of Legal and Governance in pursuance of Council Procedure Rule 26.2.

Terms Of Reference

Power to appoint and dismiss on capability grounds as permitted under legislation, the Head of Paid Service, statutory and non-statutory Chief Officers and Deputy Chief Officers in accordance with the Council’s Officer Employment Procedure Rules.

NB: COEP has delegated the appointment and dismissal of Deputy Chief Officers to the Chief Executive and Executive Directors as appropriate. The Chief Executive, Executive Directors, Statutory and Chief Officers will continue to be appointed (and where necessary dismissed) by COEP subject to statutory procedures.

Whilst named Members are appointed to the committee, it is agreed locally that the relevant Cabinet Member for the service area to which the officer is being appointed will ordinarily take the place of the Deputy Leader if appropriate

Terms Of Reference For Health & Wellbeing Board

General

1. The Health & Wellbeing Board is a committee of the Council under S102 (1) of the Local Government Act 1972.
2. The Council has arranged under S101 of that Act for the discharge by the Board of such functions as are set out in the terms of reference set out below.
3. Certain functions under S196 (2) of the Health and Social Care Act 2012 may be delegated by the Board to officers. Full details may be found in the Officer’s Scheme of Delegation which may be obtained from the Scrutiny Manager. Other matters falling within these Terms of Reference may be delegated to a Sub Committee of the Board.
4. Where a function or matter within the Board’s competence has been delegated to an officer or a sub-committee, the Board may exercise that function/matter concurrently with the officer to whom it has been delegated.
5. The exercise of any function or matter within the Council’s competencies always subject to any relevant requirement of the Council’s Constitution including any Special Procedure and Protocol drawn up and approved by the Director of Legal and Governance in pursuance of Council Procedure Rule 26.2. A Special Procedure giving effect to The Local Authority (Public Health, Health and Wellbeing Boards and Health Scrutiny) Regulations 2013 has been approved in accordance with Council Procedure Rule 26.2. The Special Procedure disapplies the provisions of the Local Government and Housing Act 1989 relating to the political proportionality on committees and sub-committees and providing that a person who is a member of the Board shall not be treated as a non-voting member unless the full Council directs otherwise, together with other voting and ancillary matters has been approved in accordance with Council Procedure Rule 26.2.

Terms Of Reference

The Board shall:

1.  Meet Section 194 (2) (a) of the Health and Social Care Act 2012 which requires that the minimum membership of the Health and Wellbeing Board shall be:
   • Elected member lead for Health & Social Care (Chair);
   • Clinical Director for Southampton (representative of Hampshire, Southampton and Isle of Wight Clinical Commissioning Group), or nominated deputy;
   • Opposition member lead for Health & Social care;
   • Three additional Councillors appointed by Council under the rule of proportionality;
   • Executive Director Children & Learning;
   • Executive Director Community Wellbeing;
   • Director of Public Health;
   • Healthwatch representative, or nominated deputy;
   • Local mental health clinician;
   • Local Paediatrician with knowledge of the Community;
   • Chief Medical Officer at University Hospital Southampton NHS Foundation Trust;
   • SCC Clinical Director for Quality and Integration.
   The actual membership and composition of the Board will be determined by Council and reviewed on an annual basis.
2. Appoint such sub-committees, working groups or time limited groups as it considers appropriate to fulfil the Health and Wellbeing functions on behalf of the Council.
3. For the purpose of advancing the health and wellbeing of the people in its area; encourage persons who arrange for the provision of any health or social care services in that area to work in an integrated manner.
4. Provide such advice, assistance or other support as it thinks appropriate for the purpose of encouraging the making of arrangements under S75 of the National Health Service Act 2006 in connection with the provision of such services.
5. Encourage persons who arrange for the provision of any health related services in its areas to work closely with the Health and Wellbeing Board.
6. Encourage persons who arrange for the provision of any health or social care services in its areas and persons who arrange for the provision of any health related services in its area to work closely together.
7. Exercise the functions of a Local Authority and its partner clinical commissioning groups under sections 116 and 116A of the Local Government and Public Involvement in Health Act 2007.
8. Exercise any functions that are exercisable by the Authority to promote or advance health and wellbeing not otherwise reserved to Council or the Executive.
9. Provide opinion on whether the Local Authority is discharging its duty under section 116B of the 2007 Act.
10. The functions referred to at 8 above do not apply to the functions of the Authority by virtue of Section 244 of the National Health Service Act 2006.

Southampton COVID-19 Local Outbreak Engagement Board (Now Part Of Health & Wellbeing Board)

Terms of Reference

Purpose

The Southampton Covid-19 Local Outbreak Engagement Board is responsible for strategic oversight of health protection regarding Covid-19 in Southampton, including prevention, surveillance, planning and response to ensure they meet the needs of the population.

The Board will support the local delivery of the primary objectives of the Government's strategy to control the Covid-19 reproduction number (R), reduce the spread of infection and save lives, in doing so help to return life to as normal as possible, for as many people as possible, in a way that is safe, protects our health and care systems and releases our economy.

The response will be delivered at various levels and by various partner organisations, but these will need to be brought together at local authority level through the Executive Director of Wellbeing (Health & Adults), supported by the Director of Public Health as lead officer, to ensure a community focus and appropriately tailored response. In addition to the place-based approach overseen by the Board the levels will include:

• National - a National Outbreak Control Plans Advisory Board will be established to draw on expertise from across local government and ensure the NHS Test and Trace programme builds on local capability, and to share best practice and inform future programme development;
• Regional - Co-ordination required on a regional level will be provided through the HIOW Local Resilience Forum and Integrated Care System arrangements;
• Local – Southampton COVID-19 Health Protection Board, working through Local Engagement Boards to define measures to contain outbreaks and protect health.

Membership

• Chair: Leader of the Council
• Deputy Chair: Chair of HWB, Cabinet Member for Adults & Health
• Cabinet Member for Children & Learning

Board supported by:

• Director of Public Health, SCC
• Executive Director Community Wellbeing, SCC
• Executive Director Children and Learning, SCC
• CCG Governing Body Chair
• Healthwatch & SVS Deputy Chief Executive
• Medical Director, University Hospitals Southampton
• Director of Meachers Transport – representative of Southampton Chamber of Commerce
• Southampton City Council Communications Lead Officer

The Board will invite representation from other organisations or roles specific to the agenda items under consideration.

Objectives

The Southampton Covid-19 Local Outbreak Engagement Board will:

• Be the public face of Southampton City Council’s response in the event of an outbreak of COVID-19
• Provide political oversight of ongoing development and delivery of the Southampton City Local Covid-19 Outbreak Control Plan, including:
• Approving recommendations from the Health Protection Board for allocation of resources to support the effective delivery of the Plan
• Lead engagement with local communities, advising on community engagement, including with vulnerable and/or higher risk communities of interest
• Approve the communications strategy for the Local Outbreak Control Plan
• Approve implementation measures (or make recommendations to other bodies where appropriate) that will prevent virus transmission.
• Monitor the response to local outbreaks and ensure learning informs future practice
• Make recommendations for the wider policy agenda including the recovery workstreams, NHS Recovery and Restoration programme and the Health and Wellbeing Strategy

Accountability

The group will be accountable to Cabinet in its Statutory role, bringing together key partners in the local health and care system.

It will also have reporting relationships to

• HIOW level governance process for functions delivered at this level
• Southampton’s Health and Wellbeing Board

Frequency of Meetings

The Board will meet as and when considered necessary by the Chairman of the Board.

Meetings are open to the public. An agenda and papers will be published at least 5 working days before the meeting. Conflicts of interest must be declared by any member of the group.

Quoracy

A quorum for meetings will be a minimum of 2 people, one of whom will be the Chair or nominated Co-Chair.

Review

Terms of Reference will be reviewed on a bi-monthly basis.

September 2020

Member Appointments Made By Council

Cabinet (The Executive)

The Executive shall comprise:

• Leader: Councillor Lorna Fielker
• Deputy Leader and Finance & Corporate Services: Councillor Simon Letts
• Adults and Health: Councillor Marie Finn
• Children & Learning: Councillor Alexander Winning
• Compliance & Leisure: Councillor Toqeer Kataria
• Economic Development: Councillor Sarah Bogle
• Environment &Transport: Councillor Eammon Keogh
• Housing Operations: Councillor Andy Frampton
• Communities & Safer City: Councillor Christine Lambert
• Green City and Net Zero: Councillor John Savage

Committees, Sub-Committees And Panels

• Chief Officer Employment Panel
• Governance Committee
• Audit Committee
• Licensing Committee
  • Licensing & Gambling Sub-Committee
  • Licensing (General) Sub-Committee
• Overview and Scrutiny Management Committee
• Planning and Rights of Way Panel
• Standards Sub-Committee
  • Standards (Appeals) Sub-Committee

Scrutiny Panels

• Health Overview & Scrutiny Panel
• Children & Families Scrutiny Panel
• Scrutiny Inquiry Panel

Details of the political make-up and membership of the above Committees and Panels can be found on the Council’s website at: Councillors

Partnerships

• South East Employers
• South East Employers (Local Democracy Network)
• Joint Commissioning Board (with the CCG)
• Domestic Abuse Partnership Board - TBC

Joint Committees & Panels With Other Authorities

• Hampshire Fire and Rescue Authority
• Police & Crime Panel
• Hampshire Partnership
• Hampshire & Isle of Wight Joint Scrutiny Panel Health and Well-Being Board
• Partnership for South Hampshire Solent Transport Joint Committee
• Transport for the South East
• Hampshire County Council’s Pension Fund Panel & Board
• Major Cities Housing Group

Details of the political make-up and membership of the above Partnership and Joint Committees can be found on the Council’s website at: Outside bodies | Southampton City Council

Member Appointments Made By Cabinet To

Registered Charities, Trusts, Corporations & Companies

• Clinical Commissioning Group
• F W Smith Bequest Purchasing Committee
• Hampshire British Legion Poppy Appeal
• King Edward VI School Governing Board
• Solent Skies – Board of Directors
• Solent Freeport Co Ltd
• Southern Health NHS Foundation Trust
• Thorner’s Homes
• University Hospital Southampton NHS Foundation Trust
• Wulfris Educational Foundation, Southampton

Statutory Committees, Panels & Groups

• Corporate Parenting
• Local Safeguarding Adults Board
• Local Safeguarding Children’s Board
• Safe City Partnership
• Schools Forum
• Standing Advisory Committee of Religious Education (SACRE)

Partnerships

• Business Improvement Board Business South
• City Eye
• Community Champion for Armed Forces
• Community Champion for Heritage
• Community Champion for Mental Health
• Community Champions for Older Persons
• Future of Work Advisory Board
• Learning Disabilities Partnership Board
• Local Government Association
• Local Government Information Unit
• Port Health Consultative Board
• Project Integra Strategic Board
• Solent Local Enterprise Partnership
• Solent LEP – Skills & Advisory Board
• Southampton 2025
• Southampton Energy Partnership
• Southampton International Airport Consultative Committee
• Southampton Record Series
• Southampton Solent University Board of Governors
• Southampton Voluntary Services
• Southern Inshore Fisheries and Conservation Authority
• Southern Regional Flood & Coastal Committee
• Standing Conference on Problems Associated with the Coastline (SCOPAC)

Internal Ad Hoc

Community Chest Advisory Panel

Details can be found on Cityweb at: http://www.southampton.gov.uk/modernGov/mgListOutsideBodies.aspx?bcr=1