Committee structure

1.    Constitutional and Procedural Matters, etc. :

By a resolution passed by a majority of the Members present and voting, to -

a)      adopt and change this Constitution;

b)      make, amend or revoke the Procedural Rules set out in Annex 2 to this Constitution;

c)      adopt or amend the Council's Member Code of Conduct;

d)      By a resolution passed by not less than two-thirds of the Members present and voting to:

e)      change the name of the area;

f)        confer the Freedom of the Borough or the title of Honorary Alderman.

2.    The Policy Framework and Related Matters

a)      to approve the Council's Policy Framework, except that in-year amendments are delegated to the Cabinet, subject to such amendments being limited to matters that are not Key Decisions under Article 13.04 of this Constitution.

b)      to determine each year the Council's revenue and capital budget and Council Tax levy, except that the determination of rents for Housing Revenue Account properties and charges for the Council's services generally are delegated to the Cabinet.

c)      subject to 2(a) and (b) above and to the urgency procedure contained in the Access to Information Procedure Rules detailed in Annex 2.2 of this Constitution, to make decisions about any matter in the discharge of an Cabinet function which is covered by the Policy Framework or the Budget where the Cabinet is minded to make it in a manner which would be contrary to the Policy Framework or contrary to/or not wholly in accordance with the Budget;

d)      to adopt, amend or revoke the Members' Allowances Scheme under Annex 4 of this Constitution;

e)      to determine the levels and pensionability of Councillors' allowances;

f)        to make, amend, revoke, re-enact or adopt bylaws and to promote or oppose the making of local legislation or personal Bills;

g)      to authorise applications to the Secretary of State for housing land transfers of housing stock.

3.   Appointments and Delegations, etc.

a)      To appoint (and remove) the Leader of the Executive;

b)      To determine the size of the Cabinet and appointments to it;

c)      To determine the terms of reference, composition and membership of other Committees, Boards and Panels that report directly to the Council, and appointments to them;

d)      To adopt and approve amendments to the powers and terms of reference of joint and area committees and to make appointments to them;

e)      To appoint representatives to Outside Bodies, except where the appointment has been delegated by the Council.  See Annex 1.16 for a full list of appointments to Outside Bodies.

f)        To make or confirm the appointment of the Council's Statutory Officers required under Article 12.5 of this Constitution;

g)      To dismiss the Head of Paid Service or other Statutory Officers.

4.    Regulatory and Electoral Matters

a)      To deal with resolutions of maladministration (on receipt of a report from the Overview Scrutiny Committee or the Monitoring Officer following a report by the Local Government Ombudsman) in respect of those functions which have not been delegated by the Council;

b)      To determine the action to be taken on any reports by the Monitoring Officer or the Chief Finance Officer (including Section 112 and Section 114 reports);

c)      To determine the action to be taken on any reports by an appointed person into misconduct by the Head of Paid Service, Monitoring Officer or Chief Finance Officer;

d)      To exercise the Council’s powers and duties relating to elections and administrative arrangements, except that-

·         the provision of advice to the Council on policy relating to electoral matters has been delegated to the Standards Committee;

·         certain specific functions relating to elections have been delegated to Officers of the Council.  See Annex 1.13 for details of functions delegated to officers.

5.    Other Matters

a)      To determine any matters referred to the Council for decision by a Committee, Board or Panel that reports directly to the Council

b)      To resolve any dispute between any of the subsidiary bodies of the Council, if required;

c)      To deal with all 'local choice functions' set out in the Local Authorities (Functions and Responsibilities) (England) Regulations 2000 [SI 2000 No. 2853], which the Council decides should be undertaken by itself rather than by the Cabinet or a committee or Board.   See Annex 1.14 of this Constitution for the allocation of responsibilities for ‘local choice’ functions.

d)      To deal with any other matter which must, by law, be reserved for determination by the Council.

1.    Community Leadership

a)      to promote the well-being of the people and the Borough of Gravesham;

b)      to provide a clear vision and leadership for the conduct of local affairs;

c)      to consult and involve local communities on important issues;

d)      through a range of partnership arrangements with others, including a Local Strategic Partnership, to develop and maintain a Community Strategy and other policies and proposals that respond to people's concerns and shape the agenda for the Council's Policy Framework and Budgets;

e)      to influence and respond to policies and initiatives from government and other public sector agencies at the national, regional, and county levels.

2.     Best Value

a)      To approve the scope of Best Value service reviews.

b)      To decide upon the implementation of service improvement plans.

c)      To co-ordinate the preparation of and implementation of the Council's Best Value Performance Plans, and regularly to monitor their implementation

d)      To ensure appropriate action is taken where necessary to secure the delivery of performance against the Plans.

e)      To deal with reports from the Audit Commission relating to best value and service improvement.

3.    Annual Budget

Annually to propose a Policy Framework and Budget to the full Council designed to:

a)      advance the aims and objectives of the Community Strategy;

b)      deliver the service standards and targets in the Council's Best Value Performance Plan;

c)      respond to the needs and aspirations of local communities;

d)      ensure adequate resources are available for these purposes and their efficient use;

e)      meet all requirements of law.

4.    Management of Resources

Subject to the requirements of the approved  Policy Framework and Budget to exercise the Council’s powers and duties relating to-

a)      the strategic and operational management of all of the Council's current and future resources of land, buildings, finance, personnel and other assets, including the use of Council-owned land declared surplus to operational requirements;

b)      pursue and utilise appropriate external funding opportunities to facilitate the achievement of the Council's policies and programmes;

c)      administer the provision of grants to individuals and organisations for statutory and other approved  purposes.

5.    Rating and Valuation, etc.

To deal with rating, valuation, Council Tax, Housing and Council Tax Benefits, charities and related matters.

6.    Planning and Transportation

Subject to the provisions of the Highways Partnership Agreement with Kent County Council, to deal with all matters of planning and transportation policy, including the content of:

a)      the Local Borough Plan;

b)      Development Briefs;

c)      Supplementary Planning Guidance;

d)      responses to government and government agencies, and regional and sub-regional bodies in relation to all matters of planning and transportation policy.

7.    Regeneration

To discharge the Council’s responsibilities for the economic, social and environmental regeneration of the Borough in a sustainable manner, so that existing communities are able to participate as fully as possible in the benefits of improvements and new opportunities created, and in particular to -

a)      develop and implement programmes and schemes for the redevelopment and/or regeneration of areas of significance to the local economy and local communities across the Borough.

b)      develop and implement proposals for increasing tourism and visitor attractions of benefit to the local economy;

c)      develop and implement proposals to help local people to improve their knowledge and skills and increase job opportunities;

d)      develop and implement proposals for the conservation, improvement and promotion of the Borough’s physical heritage of buildings, landscapes and townscape features.

8.   Housing

To deal with all matters relating to the improvement of housing conditions and people’s housing circumstances within the Borough, and in particular to exercise the Council’s powers and duties in relation to -

a)      assessing the housing needs of the Borough and developing and implementing measures to address the needs identified;

b)      homelessness, care in the community, and housing advice/information services;

c)      the Council’s Housing Revenue Account dwellings, caravan and mobile home sites;

d)      private sector housing, including house renovation grants, the Rent Acts, loans under the Housing Acts and policies relating to fitness for habitation, repair, multiple occupation and overcrowding (but excluding decisions relating to enforcement action in individual cases, which are reserved to the Regulatory Board);

e)      applications for financial assistance from Registered Social Landlords for the provision, repair and improvement of housing.

9.    Leisure

To deal with all matters relating to the provision, maintenance and improvement of appropriate opportunities to participate in the cultural, artistic, sporting and recreational life of the community, and in particular to exercise the Council’s powers and duties in relation to -

a)      assessing requirements for new and improved leisure opportunities  and developing and implementing proposals to address them;

b)      parks, open spaces, pleasure grounds, children’s playgrounds, sports and leisure facilities, swimming and leisure pools and public entertainment halls;

c)      cemeteries;

d)      the promotion and provision of cultural, artistic, entertainment, sporting and other recreational activities;

e)      library, museum and exhibition services;

f)        the Council’s catering services and concessions.

10.   Environment and Health

To develop and implement policies and programmes to protect and improve the environment of the Borough and the health of the population of the Borough, and in particular to discharge the Council’s responsibilities for -

a)      drainage and water supply;

b)      the provision of services for refuse collection, waste reduction and recycling, street cleansing and public conveniences

c)      health and safety at work (including matters relating to the Shops Act 1950 and trading on a Sunday), health education and safety in the home;

d)      the control of pollution, nuisances and offensive trades, etc.;

e)      food safety and hygiene and related matters;

f)        the control of unauthorised encampments and the control of caravans;

g)      animal welfare, the control of dogs and dangerous wild animals, and the control of pests;

h)      controlling the spread of infection;

i)        but excluding decisions relating to enforcement action in individual cases, which are reserved to the Regulatory Board.

11.  Public Relations and Information

To deal with public relations, marketing and public information matters, including the production of a Council newspaper, in-house magazine and other publications.

12.  Direct Service Organisation

To deal with all matters relating to the Council’s Direct Services Organisation, Gravesham Services.

13.  Emergency Planning and Action in Emergencies

In collaboration with the Kent County Council, the emergency services, other public agencies, private organisations and community groups (and subject to the urgency procedure contained in the Access to Information Procedure Rules detailed in Annex 2.2 to this Constitution) to discharge the Council’s responsibilities for emergencies, and in particular -

a)      to ensure that up-to-date plans are in place to deal with peace-time emergency situations, including major emergencies;

b)      in the event of an emergency occurring, to take all necessary and practicable actions to deal with the effects of emergencies on the population, infrastructure, environment and economy of the Borough.

14.  Member Support Services and Civic Matters

To deal with civic matters, including those relating to the mayoralty, the use of the coat of arms and town twinning.

15.  Other Matters

To deal with and determine any matter not reserved to the Council or specifically delegated to any other Committee or to an officer of the Council.