Town Council Structures and Functions
Document History
Adopted by Council – 26 April 2021
Updated – 2 June 2021
Appendix reviewed and adopted – 1 March 2023 and 5 April 2023
Reviewed , updated and adopted – 17 May 2023
Updated and adopted – 5 July 2023
Contents
- Introduction
- Structures and Arrangements
Committee structure
General description of committees and working groups
Committees
Sub-Committees
Working Groups
Creation of new Committees, Sub-committees and Working Groups
Office Holders
Council Officers - Policies
What is a policy
How policies are created
Committee with delegated powers
No delegated powers or a reserved matter
How are policies reviewed - Scheme of Delegation
Introduction
Authorisation of expenditure
Emergency delegated powers
Limitations
Matters reserved to Council
Office Holders
Chairman of the Council – Mayor
Vice Chairman of the Council – Deputy Mayor
Committee Chairman
Representatives to outside bodies
Leader of the Council
Officer delegated functions
Town Clerk
Deputy Clerk
Operations Manager - Scheme of Delegation for Committees
Introduction - Finance and Strategy Committee Terms of Reference
Committee membership and quorum
Meeting frequency
Principle meeting officers
Principle objective
Budgetary matters
Delegated roles and functions - Personnel Committee Terms of Reference
Committee membership and quorum
Meeting frequency
Principle meeting officer
Principle objective
Budgetary matters
Delegated roles and functions - Planning Committee Terms of Reference
Committee membership and quorum
Meeting frequency
Principle meeting officer
Principle objective
Budgetary matters
Delegated roles and functions - Property and Services Committee Terms of Reference
Committee membership and quorum
Meeting frequency
Principle meeting officer
Principle objective
Budgetary matters
Delegated roles and functions - Neighbourhood Plan Working Group Terms of Reference
Introduction
Working Group membership and quorum
Delegation
Report structure
Meeting frequency
Principle meeting officer
Principle objective
Budgetary matters
Decisions - Policy Review Working Group Terms of Reference
Introduction
Working Group membership and quorum
Delegation
Report structure
Meeting frequency
Principle meeting officer
Principle objective
Budgetary matters - Earmarked Reserves
- Appendix 1 – Allotment management and administration
Introduction
Powers and functions delegated to Officers
Site Secretary
The role of the Site Secretary
- Introduction
1.1 This document sets out key arrangements, processes, and structures of the Town Council. A Scheme of the Delegation has been included which makes clear the decision-making structure of the Town Council.
1.2 Where particularly complicated or specific arrangements are required, they will be added as an appendix to the document. This should be done to assist with review and provide clarity.
1.3 This document should be read in conjunction with other key Town Council documents. In particular Standing Orders and Financial Regulations should be referenced.
1.4 It is expected that this document will be reviewed once a year at the Annual Meeting of the Town Council.
- Structures and Arrangements
2.1 This section will briefly set out the structures and arrangements of the Town Council.
Committee structure
2.2 It is important that councillors, officers, and members of the public are able to understand the key structures and arrangements of the Town Council.
2.3 The Town Council consists of Council (usually called Full Council) and four committees. The four Committees are as follows:
• Finance and Strategy Committee
• Personnel Committee
• Planning Committee
• Property and Services Committee
2.4 The roles and delegated powers and functions of each Committee will be described in depth later in this document.
2.5 The Annual Parish Meeting is administered by the Town Council; however, it is not part of the formal committee structure.
General description of committees and working groups
Committees
2.6 Technically called ‘Standing Committees’ they sit under Council and undertake the delegated powers and functions assigned to them.
2.7 Where delegated powers and functions exist, there is usually no need for a Committee to refer a matter to Council. This is because Council has already taken the decision to delegate that power or function.
2.8 Each Committee must have a Terms of Reference setting out its role and function. Membership of a Committee will usually be nine Members of the Town Council.
2.9 There will be no limit on how long a Committee should be in place for. The arrangements should however be reviewed on a regular basis to ensure that they are fit for purpose.
Sub-Committees
2.10 A Sub-committee sits underneath a Committee. They often have a smaller group of Members which focus on a particular function or area of business.
2.11 Where delegated powers and functions exist, there is no need for a Sub-committee to refer a matter to the parent Committee or to Council. This is because a decision has already been made to delegate that power and function.
2.12 Each Sub-committee must have a Terms of reference setting out their role and function. Membership will usually be 5 Members of the Town Council.
2.13 There will be no limit on how long a Sub-committee should be in place for. The arrangements should however be reviewed on a regular basis to ensure that they are fit for purpose.
Working Groups
2.14 Working Groups are appointed to study and report on a particular question or issue. Once a final position has been reached a recommendation should be made to the parent body based.
2.15 Working Groups are considered to have the role of an ‘advisory committee’. Such committees can have non-members on them as they do not regulate finances.
2.16 Working Groups have a function that is similar to a ‘task and finish’ panel. A specific task will be allocated to the Working Group and once the task is completed and a recommendation made it will cease to function.
2.17 Each Working Group must have a Terms of Reference setting out its function. Other than research and quote gathering a Working Group will not have any other powers or functions delegated to it.
2.18 A Working Group must have a minimum of three Members of the Town Council. A further six Non-members can be appointed or co-opted to provide additional experience to the Working Group.
2.19 Under no circumstances will a Working Group have budgetary responsibility or be able to regulate finances.
2.20 The number of formal Working Groups should be kept to a minimum. They must not distract from the work of Council and Committees or take up a disproportionate amount of time and number of resources.
Creation of new Committees, Sub-committees and Working Groups
2.21 From time to time, it might be necessary to create new Committees, Sub-committees, and Working Groups.
2.22 Committees and Sub-committees in particular require a great deal of resource to service and significantly increase the workload for Town Councillors and staff.
2.23 Before Committees and Sub-committees are established Council should consider the additional resources and time implications.
2.24 The process of creating new Committees, Sub-committees, and Working Groups is set out at section 4 of Standing Orders and is a matter reserved to Council.
Office Holders
2.25 Some Town Councillors are appointed or elected to certain positions. These are referred to as Office Holders. In some cases, they will have delegated powers and functions.
2.26 Office Holder positions are as follows:
• Chairman of the Town Council (Mayor)
• Vice Chairman of the Council (Deputy Mayor)
• Chairman of a Committee
• Vice Chairman of a Committee
• Representative on an outside body
• Leader of the Council
Council Officers
2.27 The Town Council is serviced by a team of officers. They carry out the decisions made by the Town Council and in some cases have delegated powers and functions. The current staff structure is set out below.
Table 1. Staff structure diagram
3. Policies
What is a policy
- A policy is a document setting out principles to guide the decisions of the Town Council. It ensures that rational outcomes are achieved and is a statement of intent which is implemented as a procedure.
- Town Council policies provide the framework and strategies through which decisions are made and functions are carried out.
- Not every document therefore is a policy. Documents that could be described as routine or managerial are not policies. This would include, but is not limited to, the following: waiting lists, forms, and notices.
How policies are created
- It is important that policies are created in a consistent way that is not open to challenge. The process will be as follows.
Committees with delegated powers
- If there is a Committee with delegated powers a draft of the policy will be considered. At this stage Members can reject the policy, defer consideration, or recommend to Council that the policy be adopted.
- Once recommended the matter will be put to Council. If approved by Council, the policy will be considered to have been ‘adopted’.
- Once adopted it will be the responsibility of the Committee to review the document. Unless substantially change to the policy is proposed Council will not need to consider the matter.
No delegated powers or a reserved matter
- A draft will be placed before the Finance and Strategy Committee for review. At this stage Members can reject the policy, defer consideration, or recommend to Council that the policy be adopted.
- Once recommended the matter will be put to Council. If approved by Council, the policy will be considered to have been ‘adopted’.
- Once adopted it will be the responsibility of the Finance and Strategy Committee to review the policy.
- If the matter is not reserved to Council, the Finance and Strategy Committee may make changes to the policy unless substantial change is proposed.
- In the case of a reserved matter Council will need to approve any changes or amendments to the policy.
How are policies reviewed
- The Town Council has a large number of policies. It is important that they are reviewed on a regular basis.
- The table below sets out how policies are to be reviewed and by which Committee. The frequency of review will either be:
- Annually – once a year
- Biennially – once every two years
Table 2. Review of policies
| No. | Policy | Council or Committee to review the policy | Frequency of review |
| 40 | Adoption Leave Policy | Personnel | Biennially |
| 64, 65, 66, 67, 68 | All allotments policies and terms and conditions | Property and Services | Annually (because of the period of notice) |
| 14 | Anti-Fraud and Corruption Policy | Finance and Strategy | Biennially |
| 44 | Bullying and Harassment Policy | Personnel | Biennially |
| 9 | Child and Vulnerable Adult Welfare and Safeguarding Policy and Procedures | Personnel | Biennially |
| 3 | Code of Conduct | Council (undertaken by Finance and Strategy) | Annually |
| 16 | Communications Policy | Finance and Strategy | Biennially |
| 28 | Community Grants Policy | Property and Services | Biennially |
| 18 | Complaints Policy | Finance and Strategy | Biennially |
| 19 | Confidential Reporting Policy | Personnel | Biennially |
| 21 | Councillor / Employee Protocol | Finance and Strategy | Biennially |
| 5 | Councillor Vacancy (Co-option) Policy | Finance and Strategy | Biennially |
| 29 | Debt Recovery Policy | Finance and Strategy | Biennially |
| 47 | Employee Code of Conduct | Personnel | Biennially |
| 33 | Equality and Diversity Policy | Personnel | Biennially |
| 71 | Exhumation Policy | Property and Services | Biennially |
| 22 | Filming and Recording of Meetings Policy | Finance and Strategy | Biennially |
| 2 | Financial Regulations | Council (undertaken by Finance and Strategy) | Annually |
| Flexible Working Policy | Personnel | Biennially | |
| 24 | Freedom of Information | Finance and Strategy | Biennially |
| 20 | General Data Protection Regulations (GDPR) Policies and Procedures | Finance and Strategy | Annually |
| 6 | Health & Safety Policy | Personnel | Biennially |
| 45 | Internet Usage Policy | Personnel | Biennially |
| 27 | Investment Strategy | Finance and Strategy | Annually |
| 36 | Lone Working Policy | Personnel | Biennially |
| 37 | Maternity Leave Policy | Personnel | Biennially |
| 80 | Member Training and Development Policy | Finance and Strategy | Annually |
| 75 | Memorial Bench Policy | Property and Services | Biennially |
| 73 | Memorial Safety Policy | Property and Services | Biennially |
| 78 | Mobile Phone Policy | Personnel | Biennially |
| 57 | Name Badge & ID Card Policy | Finance and Strategy | Biennially |
| 43 | No Smoking Policy | Personnel | Biennially |
| 76 | Parental Bereavement Policy | Personnel | Biennially |
| 38 | Paternity Leave Policy | Personnel | Biennially |
| 41 | Pensions Discretions Policy | Finance and Strategy | Biennially |
| 11 | Protocol for the Death of a Senior Figure | Finance and Strategy | Biennially |
| 23 | Public Participation at Meetings Policy | Finance and Strategy | Biennially |
| 24 | Publication Scheme | Finance and Strategy | Biennially |
| 30 | Reserves Policy | Finance and Strategy | Annually |
| 8 | Risk Management Policy | Finance and Strategy | Annually |
| 8 | Risk Register | Finance and Strategy | Annually |
| 7 | Scheme of Members’ Allowances | Council (undertaken by Finance and Strategy) | Biennially |
| 39 | Share Parental Leave Policy | Personnel | Biennially |
| 26 | Social Media Policy | Finance and Strategy | Biennially |
| 54 | Staff Appraisal Policy | Personnel | Biennially |
| 42 | Staff Handbook, Appendices, and associated policies | Personnel | Biennially |
| 1 | Standing Orders | Council (undertaken by Finance and Strategy) | Annually |
| 4 | Structure and Functions | Council (undertaken by Finance and Strategy) | Annually |
| 49 | Training Policy | Personnel | Biennially |
| 56 | Use of Work Vehicles by Councillors and Staff for Personal Domestic Use | Finance and Strategy | Biennially |
| 13 | Vexatious Complaints Policy | Finance and Strategy | Biennially |
| 10 | Volunteer Policy | Personnel | Biennially |
| 55 | Wellbeing Policy | Personnel | Biennially |
| 12 | Whistleblowing Policy | Personnel | Biennially |
- Scheme of Delegation
Introduction
4.1 The Town Council’s Scheme of Delegation sets out the decision-making structure of the Town Council. It makes clear how powers and functions have been delegated and the matters reserved to Council.
4.2 The Scheme of Delegation provides a broad framework which should be reviewed from time to time. It should be seen as a living document that will evolve to meet the needs of the Town Council.
4.3 The delegated powers and functions of the Committees are set out in the form of Terms of Reference.
4.4 The Scheme of Delegation in some cases might not provide sufficient detail. In such a situation the matter should be clarified, and the additional details set out as an appendix to this document.
4.5 This Scheme of Delegation does not seek to repeat in detail what has already been set out in other key documents. This document should therefore be read in conjunction with those key documents.
Authorisation of expenditure
4.6 Financial Regulation 4.1 sets out delegations in relation to revenue expenditure in the following way:
4.7 Expenditure on revenue items may be authorised up to the amounts included for that class of expenditure in the approved budget. This authority is to be determined by:
- the Council for all items over £10,000; or
- a duly delegated committee of the Council for items over £5,000; or
- the Clerk, Deputy Clerk (RFO) and / or Operations Manager in consultation with Chairman of Council or Chairman of the appropriate committee, for any items below £5,000; or
- the Clerk, Deputy Clerk (RFO) and / or Operations Manager for items below £1,500.
4.8 The authorisation by the Town Clerk, Deputy Clerk (RFO) and / or Operations Manager of expenditure up to £1,500 relates to ‘routine expenditure’ budget lines. Such lines will be made clear at the time the budget is set.
4.9 All expenditure by the Town Clerk, Deputy Clerk (RFO) and / or Operations Manager will be reported to the next meeting of the Finance and Strategy Committee.
Emergency delegated powers
4.10 It is important that a set of delegated powers are clearly set out for use in an emergency situation.
4.11 Emergency delegated powers should be seen as an action of ‘last resort’. They are to be used in a situation which meets one or more of the following criteria:
• Service delivery is severely compromised, or needs to be rapidly adapted to a new circumstance;
• public safety is in immediate and significant danger;
• the health and safety of staff is being or could be seriously compromised;
• significant damage to Council property will result from inaction, and/or;
• the usual management of Council business is impossible due to the urgent nature of a decision or external constraint.
4.12 Before using emergency delegated powers, the Town Clerk will attempt to inform the Chairman of the Town Council and the Leader of the Town Council. At this stage it will be determined if the matter justifies an extraordinary meeting and if there is enough time to call one.
4.13 In a situation such as that described above, the Town Clerk has the emergency delegated power to:
i. Authorise payments of up to £3,000. Before the payment is made one of the following must be informed:
• Chairman of the Town Council
• Leader of the Town Council
• Chairman of the appropriate committee.
ii. Review and update the policy and procedures of the Town Council as required by legislation, government guidance or operational experience.
iii. Authorise the temporary closure of Council property and the suspension of services (in the absence of the Town Clerk this power should be exercised by the Operations Manager).
iv. Undertake the following:
• Delegate to officers of the Council additional appropriate duties necessary to minimise service disruption and ensure business continuity;
• take decisive and proportionate action to ensure staff health & safety and public safety;
• Manage emergency communications on behalf of the Town Council;
• cancel or postpone Town Council events;
• cancel or postpone meetings of the Town Council, and;
• Arrange for formal meetings of the Town Council to be held remotely should legislation allow for it.
4.14 Whenever an emergency delegated power is used a brief written report will be posted on the Town Council website within seven working days. The report will be presented to the next meeting of Council or the appropriate Committee for ratification.
Limitations
4.15 Committees (including Sub-committees and Working Groups) and officers shall act in accordance with Council’s Standing Orders, Financial Regulations and, where applicable, any other rules, legislation, regulations, policies, procedures, schemes, by-laws, or orders.
4.16 Delegated powers and functions must be exercised in line with the limitations described above and within the constraints set out in the budget.
4.17 Any matter not explicitly set out below in the Scheme of Delegation will be treated as a reserved matter for Council.
Matters reserved to Council
4.18 The following matters are reserved to Council:
a) Adoption and alteration of Standing Orders, Financial Regulations, and the Code of Conduct;
b) Approving and alteration of the Structures and Functions document, which includes, the committee structure, Terms of Reference, Scheme of Delegation, and the associated appendices;
c) Appointing the membership (including non-voting members) of all Committees, Sub-committees, and Working Groups;
d) Set a timetable for meetings, which includes, meetings of Council (Full Council), Annual Parish Meeting, Annual Town Council Meeting, and all meetings of Committees, Sub-committees, and Working Groups;
e) Setting the annual budget and the precept levied on the principal authority;
f) Authorising borrowings;
g) Authorising the incurring of expenditure required by Financial Regulations or above £10,000;
h) The power of incurring capital expenditure not specifically included in the Council’s budget or delegated to a committee;
i) Adoption of a Member’s Allowance Scheme;
j) Appointing Town Council representatives to outside bodies;
k) Election of the Leader of the Town Council;
l) Confirming the appointment of the Town Clerk;
m) Appointment or designation of the roles of Proper Officer and Responsible Financial Officer;
n) Making, amending, revoking, re-enacting, or adopting byelaws and local legislation;
o) Agreement to assume devolved services and functions;
p) Decision to review or create a Neighbourhood Plan;
q) Prosecution or defence in a court of law;
r) Nomination or appointment of representatives of the Council at any inquiry on matters affecting the Town, excluding those matters delegated to a committee;
s) Change the name of the Town Council, and;
t) All other matters which must by law be reserved to Council.
Office Holders
4.19 All Office Holders will be elected or appointed annually at the Annual Meeting of the Town Council.
4.20 The following powers and functions are delegated to Officer Holders of the Town Council.
Chairman of the Council – Mayor
4.21 The following are delegated to the Chairman of the Council:
• The Chairman of the Council will be the Mayor and act as the ceremonial representative of the Town Council and town;
• Chairman of Council meetings and to undertake all the duties set out in legislation and policy;
• Act as the spokesman on matters for importance to the whole town and those not specifically delegated to another office holder;
• To be an ex-officio member of all Town Council committees, sub-committees and working groups;
• Manage business in an urgent or emergency situation;
• Be an additional point of contact for employees, and;
• Routine liaison with the Town Clerk and Leader of the Town Council.
Vice Chairman of the Council – Deputy Mayor
4.22 The following are delegated to the Vice Chairman of the Council:
• The Vice Chairman will be the Deputy Mayor of the Town Council, and;
• To carry out all the duties and functions of the Chairman of the Town Council (Mayor) in their absence.
Committee Chairman
4.23 Some Committee Chairman will have specific delegated functions which will be set out in the Terms of Reference.
4.24 More generally, the Committee Chairman will have the following delegated functions:
• Act as spokespeople for issues relating to the work of their Committee;
• Act as Chairman for meetings of the relevant committee and undertake all the functions set out in Standing Orders and other policies, and;
• Act as the point of contact for officers in the relevant policy and service areas.
Representatives to outside bodies
4.25 The following are delegated to representatives on outside bodies:
• Represent the corporate position of the Town Council on the relevant outside body, and;
• Feedback to Council and/or the relevant committee about the work and discussions of the outside body.
Leader of the Council
4.26 The Leader of the Council will:
• Be an ex-officio member of all Council committees, Sub-committees, and Working Groups;
• act as the immediate point of contact for the Town Clerk and approve requests for annual leave and lieu time.
• appraise and evaluate the performance of the Town Clerk, along with the Chairman of the Personnel Committee, and;
• regularly liaise with the Town Clerk and Chairman of the Town Council about routine matters.
4.27 Since no individual member may act alone in an executive capacity, the Town Clerk is delegated and directed to work with the Leader as follows:
• Overseeing work to implement strategy;
• managing business in an urgent or emergency situation;
• liaising with political groups and Members of the Town Council to find a consensus on the Town Council’s priorities;
• develop working relationships with key partners;
• identify training and development needs of members, and;
• act as an additional point of contact for staff.
Officer delegated functions
4.28 Functions delegated to officers of the Town Council are set out below.
4.29 In general, the senior officers of the Town Council have delegated powers to undertake routine and managerial work.
4.30 The Town Clerk, Deputy Clerk and Operations Manager may, where it is appropriate to do so, delegate functions to other officers of the Council.
4.31 The Town Clerk, Deputy Clerk and Operations Manager are authorised to attend meetings with third parties and represent the Council.
Town Clerk
4.32 The Town Clerk will act as the Proper Officer for the purposes set out in Standing Orders, and for all other purposes prescribed by law, which includes but is not limited to:
• Receive declarations of acceptance of office.
• Receive and retain plans and documents.
• Sign notices or other documents on behalf of Council.
• Receive copies of by-laws made by the principal authority.
• Certify copies of by-laws made by Council.
• Sign summonses to attend meetings of the Council or its committees.
4.33 In addition, the Town Clerk has the delegated authority to undertake all managerial duties, which principally involve the routine management and administration of the Town Council’s services and functions.
4.34 The Town Clerk has the following delegated functions in relation to Communications:
• Editorial management of the Council’s website and social media;
• Draft and issue press on behalf of the Town Council and to generally manage public relations;
• Develop working relationships with external bodies, in particular West Lindsey District Council and Lincolnshire County Council;
• Receive and deal with correspondence and documents on behalf of the Town Council.
• Issue correspondence as a result of the instructions of, or the known policy of, the Council.
4.35 The following are delegated to the Town Clerk in relation to documentation and processes:
• Sign on behalf of Council any document necessary to give effect to any decision of the Council or a committee.
• Be responsible for the provision and management of information and communication technology including, the replacement of out-dated/broken equipment or the purchase of new equipment;
• Notify the Returning Officer of all casual vacancies and to liaise them regarding the conduct of elections.
• Overall responsibility for responding to Freedom of Information requests.
• Take a lead role in relation to data protection.
• Manage dispensation requests from members under the Code of Conduct.
• Make recommendations about the effective use of property and land to Council or the appropriate committee.
• Initiating legal action or proceedings against unauthorised use or occupation of Town Council managed or owned land.
• Work with the Operations Manager to ensure the Town Council’s obligations in relation to risk assessments are met.
• Monitor the implemented policies of the Council to ensure they are achieving the desired result and where appropriate suggest modifications.
• Hold the Town Council’s Seal and apply it to documents as instructed.
• Authorisation to organise extraordinary meetings, the Council Chairman or the relevant committee Chairman will be liaised with.
• Lead officer in relation to safeguarding matters.
4.36 In the areas of finance and budgets the Town Clerk will:
• Liaise with the Deputy Clerk on the management and monitoring of all budgets in accordance with Council policy;
• Work with the Deputy Clerk to maintain effective internal controls, as well as the internal audit and the external audit process;
• Be authorised to make payments following a resolution by Council or a committee, and;
• Incur expenditure in accordance with the Standing Orders, Financial Regulations and the process set out in the Structures and Functions document.
4.37 In matters relating to staff the Town Clerk has the following delegated powers and functions:
• Undertake all managerial duties in connection with being the senior officer of the Town Council.
• Authorised to sign written contracts of employment on behalf of the Town Council. The contract of the Town Clerk must be signed by the Chairman of the Town Council.
• Authorised to make recommendations for employees’ increments and administer them thereafter.
• Authorised to seek HR advice directly from the approved HR Advisors.
Deputy Clerk
4.38 In the absence of the Town Clerk the Deputy Clerk will assume all the delegated roles and functions relating to that post, including those of the Proper Officer.
4.39 The Deputy Clerk occupies the position of the Responsible Financial Officer and should undertake all the functions set out in legislation and Council policy.
4.40 In addition, the Deputy Clerk has the following delegated powers and functions:
• Monitor and report on the effective management of Town Council financial resources.
• Support the Town Clerk in ensuring statutory obligations are complied with and to manage these in the Town Clerk’s absence.
• Delegated to take the lead role in managing internal audits, the external audit process, and the AGAR.
• Authorised to submit the precept to the Principal Authority at the correct date and to provide any figures required for inclusion in the Council Tax Bill information.
• Authorised to make payments following a resolution by Council or a committee.
• Responsible for the overall management and monitoring of all budgets in accordance with Council policy.
• To prepare draft estimates which, when approved, will form the annual budget for the year, and to report thereon as necessary.
• To bank regularly all money received by the Council and to ensure that all money due to the Council is billed and collected promptly.
• To manage the cash flow and to control investments and bank transfers.
• To control payments made by cheque and online banking
• Write-off outstanding debts in accordance with Financial Regulations and any decision of Council or a committee;
• Undertake the processing of payments in accordance with contracts approved by Council or a committee (salaries, utility bills, office rent, etc.) or legal obligations (HMRC, pension, external audit, etc.).
• Ensure adequate insurance is in place and that a suitable risk management system exists.
• Ensure that effective internal controls are in place.
• Take overall responsibility for overseeing the payroll process, which is outsourced at this time, ensuring prompt and proper payment of any deductions for Income Tax, National Insurance and pension fund or superannuation fund contributions.
• To manage the risks faced by the Council and to recommend such insurance as is required or is mandatory (Employer’s Liability and Fiduciary Guarantee).
• To maintain the Council’s asset register.
• Authorised to seek HR advice directly from the approved HR Advisors.
Operations Manager
4.41 The Operations Manager has delegated power for the operational management of services and facilities.
4.42 In addition, the Operations Manager has the following delegated powers and functions:
• Manage operational services which includes routine maintenance and inspections of assets, property, and land.
• Advise the Town Council on the acquisition, security, and maintenance of new equipment and to ensure any appropriate training is carried out.
• Make recommendations about the effective use of assets, property, and land.
• Approve repairs and maintenance to equipment and property, assuming authorisation for any expenditure is given.
• Ensure with the support of the Town Clerk that all management procedures put in place for the effective management of Health & Safety and public safety.
• Lead officer in managing operational risk.
- Scheme of Delegation for Committees
Introduction
5.1 This section is a continuation of the Scheme of Delegation but has been separated from it for reasons of clarity.
5.2 The Terms of Reference for each Committee will be set out below. Each Terms of Reference sets out the delegated powers and functions that a Committee has.
5.3 When considering a matter Members should be advised by the meeting clerk if a matter is within the Committee’s remit.
5.4 If delegated powers are in place for a committee the minutes will usually record the decision as “RESOLVED”.
5.5 If they are not, then the minutes will show the decision as “RECOMMENDED”. The business will then appear on the next agenda of the responsible Committee, or in the case of a reserved matter it will appear on the Council agenda.
- Finance and Strategy Committee Terms of Reference
Committee membership and quorum
6.1 Membership will be nine Members of the Town Council. Two ex-officio positions for the Chairman of the Town Council and the Leader of the Town Council.
6.2 The quorum of the meeting shall be three.
Meeting frequency
6.3 One meeting every calendar month. The meeting will take place on the third Tuesday of every month at 7pm.
Principle meeting officers
6.4 Town Clerk and Deputy Clerk
Principle objective
6.5 Committee is to consider matters relating to finance, strategy, policy, and management of business.
Budgetary matters
6.6 The Committee has extensive delegated powers in relation to budget monitoring and management.
6.7 The following specific budgetary areas are considered as part of the Committee’s remit:
• Administration
Delegated roles and functions
6.8 Responsibility for the monitoring and administration of the Town Council’s agreed budget.
6.9 Receive and consider reports and documents relating to finance, administration, and the general strategy of the Town Council.
6.10 Responsibility for recommending a budget to Full Council, which should include:
• The budget (income and expenditure)
• Three-year estimate
• Investments
• Reserves
• Fees and charges
6.11 Power to amend fees and charges for Town Council services.
6.12 Management and negotiation of land transactions on behalf of the Council including the content of leases.
6.13 Policy review and adoption not otherwise reserved to Full Council or other committees.
6.14 Consider and review policies relating to finance, administration, and strategy.
6.15 Consider all matters relating to the audit process and where required to make recommendations to Full Council.
6.16 Ensure that effective risk management and adequate insurance is in place.
6.17 Consider expenditure that is not delegated to another committee of the Council. This would not apply to reserved matters.
6.18 Establish, monitor, and review a long-term strategy for the Town Council.
6.19 To be responsible for civil emergency planning.
6.20 Consider matters relating to communications. - Personnel Committee Terms of Reference
Committee membership and quorum
7.1 Membership will be nine members of the Town Council. Two ex-officio positions for the Chairman of the Town Council and the Leader of the Town Council.
7.2 The quorum of the meeting shall be three.
Meeting frequency
7.3 One meeting every calendar month (with the exception of August). The meeting will take place on the second Wednesday of the month at 7pm.
Principle meeting officer
7.4 Town Clerk
Principle objective
7.5 Committee is to consider matters relating to staff, Human Resources (including Members), and volunteers.
Budgetary matters
7.6 The Committee has limited role in relation to direct expenditure but has a large role to play in recommending and monitoring staffing budgets.
7.7 The following budgetary areas are considered as part of the Committee’s remit:
• Employee Costs
Delegated roles and functions
7.8 Consider matters relating to personnel, Human Resources (including Members) and volunteers.
7.9 Consider and review all personnel and volunteer policies.
7.10 Oversee the job recruitment process with the power to appoint personnel (except in the case of a reserved matter).
7.11 Recommend to the Finance and Strategy Committee a staffing budget as part of the annual budget creation process.
7.12 Manage any process leading to dismissal or redundancy of staff.
7.13 Review performance management (including annual appraisals, target setting) and consider matters relating to training (including Member and Volunteer training) and staff Continuous Professional Development.
7.14 Determine matters relating to staff pay, which includes increment increases and appeals.
7.15 Monitor staff absence and manage any issues arising.
7.16 Keep under review staff working conditions, including health and safety procedures.
7.17 Consider grievance or disciplinary matters.
7.18 Nominate a Member or Members of the Personnel Committee to seek HR advice in conjunction with the Leader of the Council directly from the HR advisors when any matter concerns the Town Clerk or Deputy Clerk.
7.19 Ensure the Council complies with all legislative requirements relating to volunteers and the employment of staff. - Planning Committee Terms of Reference
Committee membership and quorum
8.1 Membership will be nine Members of the Town Council. Two ex-officio positions for the Chairman of the Town Council and the Leader of the Town Council.
8.2 The quorum of the meeting shall be three.
8.3 It is expected that Members of the Committee will undertake planning training within three months of being appointed. Committee members must keep up to date with planning legislation, policy, and guidance.
Meeting frequency
8.4 One meeting every calendar month. The meeting will take place on the fourth Tuesday of every month at 7pm.
Principle meeting officer
8.5 Deputy Clerk
Principle objective
8.6 Committee is to consider all matters relating to planning and development in the Gainsborough Town Council area.
8.7 This includes all matters relating to planning applications, street naming, tree preservation orders, ad-hoc licencing applications, the Neighbourhood Plan and matters relating to regulations on the highway.
Budgetary matters
8.8 The Committee has delegated budgetary powers in relation to the Neighbourhood Plan should there be a review in the future.
8.9 The Committee will also monitor Community Infrastructure Levy (CIL) funds and make recommendations to Council on how they could be spent.
Delegated roles and functions
8.10 Act as a statutory consultee to the planning authority.
8.11 Consider and comment on all planning matters and planning applications (including those related to listed buildings, advertisements, and trees) relative to Gainsborough submitted by other authorities and to forward observations to the appropriate authorities.
8.12 Respond on behalf of the Council to planning appeals and where required represent the Town Council.
8.13 Consider matters relating to licensing that are presented to the Town Council.
8.14 Comment on behalf of the Council on highways proposals.
8.15 Liaise with other agencies on matters concerning highways.
8.16 Identify and make representations to the relevant authorities in respect of enforcement action or any matters considered to be breaches of planning regulations and S106 agreements.
8.17 Recommend to Council how Section 106 and CIL funds should be allocated.
8.18 Make any determinations that are required under the Neighbourhood Plan.
8.19 Management of future reviews of the Neighbourhood Plan.
8.20 Respond to all consultations on planning, development, highways, and licensing matters. This includes reviewing the Neighbourhood Plans submitted by other authority. - Property and Services Committee Terms of Reference
Committee membership and quorum
9.1 Membership will be nine Members of the Town Council. Two ex-officio positions for the Chairman of the Town Council and the Leader of the Town Council.
9.2 The quorum of the meeting shall be three.
Meeting frequency
9.3 One meeting every calendar month (with the exception of August). The meeting will take place on the second Tuesday of every month at 7pm.
Principle meeting officer
9.4 Town Clerk and Operations Manager
Principle objective
9.5 Committee is to consider all matters relating to existing property and services of the Town Council.
Budgetary matters
9.6 The following areas are considered to be part of the Committee’s remit:
• Grounds Maintenance
• Richmond House & Park
• Sports Grounds
• Cemetery
• Play Areas
• Allotments
• Public Realm
• Events
• Christmas Lights
Delegated roles and functions
9.7 Consider matters relating to the Town Councils property and services.
9.8 Responsible for the management and maintenance of play areas, adult gyms, and skate parks.
9.9 Responsible for the management and maintenance of Richmond Park and Richmond House and all associated buildings.
9.10 Responsible for the management and maintenance of Playing Fields.
9.11 Responsible for the management and maintenance of Sports Grounds.
9.12 Consider matters relating to grounds maintenance.
9.13 Consider all matters concerning the operation and maintenance of the General Cemetery and North Warren cemetery.
9.14 Consider matters relating to the Town Council’s allotments with the power to make decisions and approve expenditure.
9.15 To be responsible for the establishment of allotment garden site self-management arrangements and for regulating those arrangements once they are established.
9.16 Responsible for the Town Council’s public lighting.
9.17 Responsible for the maintenance of car parks.
9.18 Responsible for the maintenance of the Town Council’s footpaths and road surfaces.
9.19 Responsible for the management and maintenance of the Town Council’s property.
9.20 Consider matters relating to the management and maintenance of the War Memorial.
9.21 To be responsible for the provision of Christmas illuminations.
9.22 Recommend to the Finance and Strategy Committee various budget lines associated with property and services as part of the budget setting process.
9.23 Consider and determine applications for grant aid in accordance with Community Grants Policy.
9.24 Define the policies, standards of service and budgets for services and facilities.
9.25 To be responsible for overseeing the development and improvement of services and facilities.
9.26 Consider capital investment in property and services.
10. Neighbourhood Plan Working Group Terms of Reference
Introduction
10.1 A Town Council may delegate decision making to either a committee, sub-committee or an officer of the authority. It cannot delegate any of its functions to a member of the Council or a working group. (LGA 1972 101 (1) (a))
Working Group membership and quorum
10.2 Membership will be a minimum of three Members of the Town Council and a maximum of five Members of the Town Council. Two ex-officio positions for the Chairman of the Town Council and the Leader of the Town Council.
10.3 The working group shall have express authority to increase its membership to nine but the additional members must be third party community members with an interest in the project or able to act as a subject matter expert.
10.4 The quorum of the meeting shall be a minimum of three members present, two of which must be Members of the Town Council or one third of the membership of the working group.
10.5 A chairperson will be appointed by the Working Group at its first meeting. At subsequent meetings if the Chair is not in attendance an interim chair will be appointed from the members who are present.
Delegation
10.6 The Council cannot delegate any of its functions to individual councillors or working groups. (LGA1972, s. 101).
Report structure
10.7 The Neighbourhood Plan Working Group shall report to either the Planning Committee or Full Council – whichever is the sooner so decisions can be obtained without significant delay.
10.8 Reports to either committee or Council must be with the principle meeting officer for that meeting at least seven clear days before the meeting so an item can be included in the agenda and papers.
Meeting frequency
10.9 The group shall meet as often as is deemed necessary. All members of the group must be invited to all meetings for openness and transparency. Meeting invitations should be delivered either by email or in writing at least 48 hours before the planned meeting.
Principle meeting officer
10.10 The working group will have no officer support. The group will produce its own agendas and minute notes for each meeting.
Principle objective
10.11 The Gainsborough Neighbourhood Plan was adopted by West Lindsey District Council on 28 June 2021.
10.12 To monitor and review the adopted Gainsborough Neighbourhood Plan: –
a) The impact Neighbourhood Plan policies have on influencing the shape and direction of development across the Plan area during the plan period will be monitored by Gainsborough Town Council.
b) To publish an Annual Monitoring Report to assess the impact of the Neighbourhood Plan policies. The findings of the report will be shared with WLDC.
c) If it is apparent that any policy in this Plan has unintended consequences or is ineffective it will be reviewed. It is the expectation of the Neighbourhood Plan group and the Town Council that there will be a review of the Plan 5 years after it has been made.
d) The Town Council will give particular attention to the ongoing review of the Central Lincolnshire Local Plan.
e) The Town Council will monitor the delivery of the allocated sites in general, and the delivery of housing in particular. Where necessary it will review the policies concerned.
The Town Council will also monitor the effectiveness of the design of new development and, where necessary, review the general approach towards design in the Plan.
f) Any amendments to the Plan will only be made following consultation with West Lindsey District Council, local residents and other statutory stake holders as required by legislation.
Budgetary matters
10.13 The working group do not currently have an allocated budget for the Neighbourhood Plan, if needed they will prepare any detailed budget proposals for recommendation to the Planning Committee and Full Council as necessary. Reports to either committee or Council must be with the principle meeting officer for that meeting at least seven clear days before the meeting so an item can be included in the agenda.
Decisions
10.14 Decisions of the working group will in the form of recommendations to the Planning Committee and shall be by majority vote of those working group members present and any third parties who have been formally invited to attend the meeting. Uninvited attendees shall not be entitled to vote. The Chair of the meeting shall have a casting vote.
11. Policy Review Working Group Terms of Reference
Introduction
11.1 A Town Council may delegate decision making to either a committee, sub-committee or an officer of the authority. It cannot delegate any of its functions to a member of the Council or a working group. (LGA 1972 101 (1) (a))
Working Group membership and quorum
11.2 Membership will be three Members of the Town Council one of whom will provide agendas and take notes.
11.3 The working group shall have express authority to take professional advice via the Town Clerk.
11.4 The quorum of the meeting shall be a minimum of three members present.
Delegation
11.5 The Council cannot delegate any of its functions to individual Councillors or working groups. (LGA1972, s. 101). The Working Group has no delegated powers and must make recommendations only.
Report structure
11.6 The Policy Working Group shall report to the committee responsible for any particular policy as identified in Structures and Functions or to Full Council for any proposed changes to Standing Orders, Financial Regulations, Code of Conduct, Structure & Functions.
11.7 Reports to either committee or Council must be with the principle meeting officer for that meeting at least seven clear days before the meeting so an item can be included in the agenda and papers.
Meeting frequency
11.8 The group shall meet as often as is deemed necessary. All members of the group must be invited to all meetings for openness and transparency. Meeting invitations should be delivered either by email or in writing at least 48 hours before the planned meeting.
Principle meeting officer
11.9 The working group will have no officer support. The group will produce its own agendas and minute notes for each meeting.
Principle objective
11.10 The working group shall systematically review the Council’s policies and make recommendations in writing to the relevant committee or Full Council respectively. It will start with reviewing Standing Orders and Financial Regulations.
11.11 It will review the policies in light of the Council’s vision and mission statement.
11.12 It will identify if the existing policies meet at least the requirements under the Local Council Awards Scheme Quality Standard.
11.13 It will identify redundant policies.
Budgetary matters
11.14 The group will not have a budget. Other than printing documents to aid editing and staff time, no cost implications are anticipated.
12. Earmarked Reserves
The budgetary remit and responsibility of Committees for the Earmarked Reserves is as set out in the table below.
| EAR MARKED RESERVE | Committee |
| General Fund | Finance & Strategy |
| Mayors Charity Account | Finance & Strategy |
| Roses AWP Sinking Fund | Finance & Strategy |
| Roses Key Deposits | Property and Services |
| Marshalls Key Deposits | Property and Services |
| Levellings Key Deposit | Property and Services |
| Allotments Officer | Personnel Committee |
| Staff Training | Personnel |
| Community Grants | Property and Services |
| Election Costs | Finance & Strategy |
| Governance Support / Recruitment | Personnel |
| Richmond House Maintenance | Property and Services |
| Richmond House Conservatory replacement | Property and Services |
| Richmond Park Toilet Renovations | Property and Services |
| Richmond Park Compound Fence | Property and Services |
| General Tree Maintenance & Survey | Property and Services |
| General Footpath/Road Maintenance | Property and Services |
| General Litter Bin Referb / Replace | Property and Services |
| General Green Waste Removal | Property and Services |
| Marshalls Pavilion Maintenance | Property and Services |
| Marshalls Ditch Clearance | Property and Services |
| Ground Maintenance & Renovations | Property and Services |
| Marshalls /Levellings Renovations | Property and Services |
| Cemetery Topple Testing | Property and Services |
| Cemetery Boundary Fence Maintenance | Property and Services |
| Cemetery Woodland Burial | Property and Services |
| Cemetery Extension B Land Sinking Fund | Property and Services |
| General Play Equipment Maintenance | Property and Services |
| Wetpour Repairs | Property and Services |
| Levellings Future Development | Property and Services |
| Levellings Changing Room Maintenance | Property and Services |
| Levellings Defibrillator | Property and Services |
| Aisby Walk Skate Park Maintenance | Property and Services |
| Silver Street Sculpture Maintenance | Property and Services |
| Allotment Site Maintenance & promotion | Property and Services |
| Showfield Allotment Wall Maintenance | Property and Services |
| North Warren Allotment Fence | Property and Services |
| Foxby Hill Allotment Asso Funds | Property and Services |
| Kings Coronation event | Property and Services |
| CIL | Planning |
13. Appendix 1 – Allotment management and administration
Introduction
This appendix sets out the specific arrangements that are in place for the management and administration of allotments.
The Property and Services Committee has overall responsibility for the administration and management of allotments.
Powers and functions delegated to Officers
The following functions are delegated to the Town Clerk who could further delegate to other officers as appropriate:
- Issuing of tenancy agreements and the letting of plots
- Maintenance of the Allotment Register
- Management of waiting lists
- Inspections
- Enforcement in relation to non-cultivation, illegal activity and serious breaches of the terms and conditions
- Correspondence relating to allotments
- Issuing of notices (both statutory and non-statutory)
- Rent and charge collection
- Approval of expenditure of less than £500 relating to skip hire and miscellaneous expenditure within the agreed budget.
- Issuing written permissions that conform to the rules as set out in the Terms and Conditions at Schedule 1 – 1.1, 1.2, 2.4, 8.1, 8.2, 9.2, 9.3, 12.1.
A report will be provided to the Property and Services Committee on a quarterly basis setting out the use of the above functions.
Site Secretary
- Site Secretaries shall be a voluntary role of the Council and must be guided by officers of the Council.
- Site Secretaries for each allotment garden site will be elected annually and be appointed at a meeting of the Town Council following the election.
- All plot holders shall be eligible for election unless they have previously been removed from office as site secretary, failed to pay their rent on time or are under notice for other breaches of their tenancy agreement.
- The elected and appointed Site Secretary must:
Sign a declaration of office.
Adhere to any standards set out by the Town Council in the Declaration of Office and
Abide by the Allotment Terms and Conditions and all associated policies and procedures.
Agree to carry out the functions below set out in the ‘The role of the Site Secretary’.
- Failure to do so may result in the Site Secretary’s removal from the position.
- The Town Council could then arrange for an election or appoint someone else for the remainder of the year. In either case any person removed from the office of Site Secretary will not be eligible for election.
- The elected Site Secretary for each site will not be required to pay rent for one plot that they have a tenancy agreement in place for while they occupy the position.
- Usually there will be only one Site Secretary per site.
The role of the Site Secretary
- Any matter that is not explicitly set out below will be retained by the Town Council.
- The Site Secretary is elected by the plot holders of the site to represent them and to play a part in the general administration and management of the site.
- They shall be elected annually.
- All nominated candidates will be vetted as to their eligibility before the election takes place.
- Where there is only one eligible candidate, this candidate shall be returned as elected unopposed.
- Provide a report to the Council about the site on a quarterly basis. It should detail any issues, concerns, or proposals the Site Secretary or plot holders have in relation to the Site.
- Be the first point of contact for plot holders and to pass information to plot holders from the Town Council.
- Work with the allotment officer to carry out introductory sessions for new and prospective plot holders.
- Monitor the site infrastructure and utilities and to inform the Town Council about any issues.
- Inform the Town Council about non-cultivation or other breaches of the Terms of Conditions. These should be passed to the Town Council who will compile a list to check when the next inspection is taking place.
- Provide advice and support to plot holders on the site.Build a sense of community on the site and play a positive role in helping to resolve disputes.
- Attend training offered by the Town Council.
- Gain or have a good general knowledge of the Town Council’s Terms and Conditions, policies and procedures which relate to the allotments.