north lanarkshire council report

North Lanarkshire Council

Report

Agenda item 7 Ref: AR/EH

[ 1 ' for approval1 − 1

for noting Date: 29 March 2018

From: Archie Aitken, Head of Business for Legal and Democratic Solutions

Telephone: 01698 302295

Email: AitkenAnorthIan.qcsx.qov. uExecutiveSummary

The purpose of this report is to seek approval for revision of the Council's Scheme ofDelegation to Officers and of the Council's Scheme of Administration.

Recommendations

(1) That the revised Scheme of Delegation to Officers, as detailed at Appendix 2 tothis report, be approved;

(2) That the Head of Business for Legal and Democratic Solutions be grantedongoing delegated authority to amend the Scheme of Delegation to Officers, asappropriate, in those circumstances whereby operational responsibility for aspecific area of business transfers to another Service, responsibility transfers toa different Officer or there has been a legislative change, but the effect of thedelegation remains unchanged;

(3) That the key highlights of changes to the Scheme of Delegation to Officers, asoutlined in Appendix 1 to this report, be noted;

(4) That the Scheme of Administration be amended to confirm that theAppointments Sub−Committee will only consider applications for posts ofAssistant Chief Executive and/or Chief Executive;

(5) That the Scheme of Administration be amended to remove from the Terms ofReference of the Human Resources (Appeals, Early Retirement and SoundingBoard) Sub−Committee the remit for consideration of early retirementapplications and be replaced with the additional remit to seek Elected Memberinvolvement and oversight on broader strategic HR and workforce matters suchas employability, managing absence, reviewing and managing HR Risks andprogrammes of work under the Workforce For The Future strategy including the

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Council's apprenticeship programme and accordingly, that the name of theSub−Committee be amended to the Human Resources (Appeals andWorkforce) Sub−Committee, and

(6) That the Asset Transfers Review Panel cease to be a Sub−Committee of theEducation Committee and become a stand alone Committee.

Links

Council plan to 2020: Action 21 − Good governance standards and ensure the Councilcontinues to operate in a consistent manner that meets those standards.

Background

1.1. At its meeting on 31 March 2016 the Council approved a revised versionof the Scheme of Delegation to Officers to take account of changes tothe organisational structure of the Council. Since then, some furtherchanges have taken place in relation to operational responsibility acrossServices which have required further amendment to the Scheme.

1.2. During the process of review of the Scheme of Delegation to Officers itbecame apparent that, to enable a number of the delegations to becomeoperational as proposed, some changes to the Scheme of Administrationwere required.

2. Report

2.1. Scheme of Delegation to Officers

2.1.1. Whilst the purpose of the revision to the Scheme of Delegation toOfficers was to update the document to reflect many changes tooperational responsibilities for specific matters across theCouncil, an opportunity was taken by Services to consider anyadditional delegations which would further support them incarrying out their operational responsibilities.

2.1.2. All Services have taken the opportunity to review the Scheme ofDelegation to Officers and have made a number of amendmentsor changes that better reflect their current responsibilities foroperational matters. The revised Scheme of Delegation toOfficers is submitted for approval by Council and is attached asAppendix 2 to this report.

2.1.3. It is further proposed that, in order to permit the Scheme to beupdated to reflect any future changes in service deliveryresponsibility between Services, the Head of Business for Legaland Democratic Solutions be granted authority to update theScheme in such circumstances. Such changes included in thisauthority would be limited to circumstances where the Serviceresponsibility has changed, or where the responsible Officer, ortheir job title has changed or when there has been legislativechanges but where the nature of the delegation itself remains

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unchanged. Should approval be granted to the Head of Businessfor Legal and Democratic Solutions, this authority would beincorporated into the Scheme.

2.1.4. As detailed above, the majority of changes to the Scheme havebeen made to reflect the organisational structure and lines ofmanagement and to transfer remits from one Service to another.However a number of key proposed revisions are also includedand these are outlined in Appendix 1 to the report.

2.2. Scheme of Administration

2.2.1. Arising out of the review by Officers of the Scheme of Delegationto Officers it became apparent that to enable the proposeddelegations to become operational some changes to the Schemeof Administration were required.

2.2.2. The Scheme of Delegation to Officers proposes that applicationsand interviews for posts at Head of Service level would now bedelegated to Assistant Chief Executives. The resulting impactwould be that the Appointments Sub−Committee would only berequired to be convened to consider interviews for posts atAssistant Chief Executive and Chief Executive level. It istherefore proposed that the Terms of Reference for theAppointments Sub−Committee be amended accordingly.

2.2.3. The Scheme of Delegation to Officers proposes that all mattersrelating to early retirement of employees be undertaken viadelegated authority. The result of this would be that the HumanResources (Appeals, Early Retirement and Sounding Board)Sub−Committee would no longer require to consider suchapplications. Accordingly it is proposed that the Scheme ofAdministration be amended to remove this remit.

2.2.4. Whilst considering the proposed amendments for the HumanResources (Appeals, Early Retirement and Sounding Board)Sub−Committee it was considered that there was merit in grantingadditional responsibility to that Sub−Committee in respect of anenhanced role around strategic resource development activity. Itis therefore proposed that the remit of this Sub−Committee beexpanded to seek Elected Member involvement and oversight onbroader strategic HR and workforce matters such asemployability, managing absence, reviewing and managing HRRisks and programmes of work under the Workforce For TheFuture strategy including the Council's apprenticeshipprogramme and that the name of the Sub−Committee beamended to the Human Resources (Appeals and Workforce)Sub−Committee.

2.3. Asset Transfers Review Panel

2.3.1. At its meeting on 16 March 2017, the Policy and ResourcesCommittee agreed that the updated draft Community AssetTransfer Policy be approved and that, as part of that policy, anAsset Transfers Review Panel be established, as a

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Sub−Committee of the Education Committee, to consider appealsby organisations or persons whose application for a CommunityAsset Transfer request had been unsuccessful.

2.3.2. At its meeting on 29 January 2018 the Youth, Communities andEqualities Sub−Committee considered a report regarding theCommunity Empowerment (Scotland) Act 2015 which sought theestablishment of additional structures in relation to theconsideration of Community Asset Transfer requests.

2.3.3. Following further review by Officers, the view was taken that withthe Policy and Resources Committee being the responsibleforum to consider Community Asset Transfer requests, this wasinconsistent with the Asset Transfers Review Panel being aSub−Committee of the Education Committee. It is thereforeproposed that the Asset Transfers Review Panel cease to be aSub−Committee of the Education Committee and become a standalone Committee.

2.3.4. It is proposed that the size and membership of the Panel remainas currently composed, although it should be noted that thePanel has yet to meet as there has been no business to consider.

2.3.5. The proposed change to the status of the Asset TransfersReview Panel is a technical exercise only and will not affectAsset Transfer requests or how they are dealt with by theCouncil's internal processes.

3. Implications

Financial Impact

No implications.

HR/Policy/Legislative Impact

No implications.

Environmental Impact

No implications.

4. Measures of Success

Should the proposed revisions to both the Scheme of Delegation to Officers andthe Scheme of Administration, as detailed in this report, be agreed by theCouncil then some barriers to effective delivery of services by the Council willbe removed.

Head of Business for Legal and Democratic Solutions

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Appendix 1

Key Amendments to the Scheme of Delegation to Officers

Service Proposed Amendment

General Delegations Permit appointments to positions for Head of Servicelevel to be delegated to the Chief Executive and/orAssistant Chief Executives.That all matters relating to early retirement of employeesbe undertaken via delegated authority.That any increases to the staffing establishment beagreed under delegated authority subject to adherenceto Council policies and guidelines and assurancereceived that any costs are met from agreed Servicebudgets.

Chief Executive's Legal and In respect of requests received for Town Twinning,Democratic authority be delegated to the Head of Business for LegalSolutions and Democratic Solutions to approve and process the

payment of grants, civic hospitality and any travel costsin accordance with Council Policy

Enterprise and Housing That the authority to grant leases of temporaryHousing Solutions accommodation or for expenditure on Bed and Breakfast

accommodation where necessary be granted toappropriate officers.

Infrastructure Asset and That the Head of Asset and Procurement Solutions beProcurement granted delegated authority to approve propertySolutions transactions, including within the scope of the Open

Market Purchase Scheme, for properties with a value upto £150,000 (the proposal regarding the Open MarketPurchase Scheme was agreed by the Enterprise andHousing Committee at its meeting on 15 February 2018).

Appendix 2

NORTH LANARKSHIRE COUNCIL

SCHEME OF DELEGATION TO OFFICERS

Legal and Democratic SolutionsMarch 2018

NORTH LANARKSHIRE COUNCIL

SCHEME OF DELEGATION TO OFFICERS

Legal and Democratic SolutionsMarch 2018

DELEGATION TO OFFICERS

GENERAL

The functions delegated to the Chief Executive and to each Assistant Chief Executive are exercisable alsoby officers at the levels indicated in the right hand margin opposite the particular function. In exercisingany delegated function, the nominated officer will take account of any appropriate Council practice orprocedure, of any managerial instruction given and of any other similar consideration.

Qualifications on Delegations

The Scheme of Delegations to Officers, is subject always to

(i)

(ii)

the policies adopted by the Council from time to time;

appropriate provision for financial outlays having been made in the estimates for the current year;

(iii) the right of an officer to consult with the Chief Executive on any matter or to refer any matter to theappropriate Committee or Sub−Committee of the Council;

(iv) the obligation on the Chief Executive and on each Chief Officer to arrange consultations withindividual local Members on matters which affect their areas in all cases in which the Councilpractice or procedures so require, and

(v) the requirement that the Chief Executive and all Chief Officers observe the principles of corporatemanagement.

General

Following appropriate consultation (asrequired), to authorise changes (increasesand reductions) in the establishment, up toand including Head of Service level, subjectto appropriate guidelines and with theassurance of the Service that the cost of anyemployment decisions can be met fromwithin the approved budget of that Servicefor posts up to NLC12

2. Following appropriate consultation (asrequired), to authorise changes (increasesand reductions) in the establishment subjectto appropriate guidelines and with theassurance of the Service that the cost of anyemployment decisions can be met fromwithin the approved budget of that Servicefor posts up to NLC18

3. To authorise and determine applications forearly retirement and voluntary severance inaccordance with approved procedure andCouncil policy

Head of ServiceChief ExecutiveAssistant Chief ExecutiveHead of Business for Legal andDemocratic Solutions

Head of Business for Financial Solutions

Chief ExecutiveAssistant Chief Executive

Chief ExecutiveAssistant Chief ExecutiveHead of Business for Legal andDemocratic Solutions

Head of Business for Financial Solutions

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4. Appointment of Heads of Service; to createthe post, agree the job outline, determine theemployee specification, advertisingproposals and interviewing procedures;agree the shortlist of candidates to beinterviewed; interview the shortlistedcandidates and make the appointment

5. The Chief Executive and any Chief Officershall be permitted to engage students ofrelevant disciplines for employment duringthe summer vacation period subject to thenumber of students involved in eachinstance being agreed with the Head ofBusiness, Organisational and PeopleSolutions

6. The Chief Executive, or any Chief Officer, isauthorised to take such measures as may berequired in emergency situations and, inparticular, to enter into an emergencycontract where such a contract would avert,alleviate or eradicate the effects or potentialeffects of an emergency or disaster (actualor potential) involving or likely to involvedanger to life or health or serious damage toor destruction of property, but subject alwaysto advising the appropriate Convener and/orVice−Convener and/or local Members wherepossible and to reporting to the appropriateCommittee as soon as possible thereafter onany items for which Committee approvalwould normally be necessary

7. The Chief Executive and each Chief Officeris authorised to authorise the attendance ofemployees at courses or seminars within theUnited Kingdom subject to adequatefinancial provision existing within the Servicebudget and to a cost limit per event of£1,500 in respect of each such employee

Chief ExecutiveAssistant Chief Executive

Chief ExecutiveAssistant Chief ExecutiveHead of Service



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8. The Chief Executive and each Chief Officer,subject to the application of particularpolicies and procedures as agreed by theCouncil from time to time, is authorised totake all necessary action in connection withthe management of his/her Service includingthe employment of staff up to Chief Officergrade within the establishment, authorisationof overtime, authorisation of leave,implementation of disciplinary proceduresand procedures for settling grievances and,in consultation as appropriate with the Headof Business, Organisational and PeopleSolutions, to apply the Approved Scheme forstaff entitled to receive acting up paymentsand exercise the discretions available for thepurposes of administration of that scheme,all subject to, in addition to the policies of theCouncil, the appropriate conditions of servicewhether national or as applied locally

9. The Chief Executive and each Chief Officeris authorised to sign and to issue thenecessary authorisation to officers of theCouncil to exercise statutory powers inconnection with the discharge of their duties(including where appropriate the right toenter land and premises and to sign andissue notices)

10. The Chief Executive and each Chief Officeris authorised to grant use of Councilaccommodation allocated to or under thecontrol of his/her Service to outside bodiesfor the purpose of holding meetings andfunctions etc subject to the Council's policiesand procedures.as may be updated fromtime to time

11. The Chief Executive and each Chief Officeris authorised to place contracts in relation tothe supply of goods, the provision of servicesand the execution of works in any casewhich is exempted from the provisions of theGeneral Contract Standing Orders approvedby the Council from time to time, to takesuch further action as is required toimplement the provisions of the Council'sGeneral Contract Standing Orders and totake, in relation to any contract, allappropriate action in accordance with theprovisions of the Council's General ContractStanding Orders




Any officer authorised by the ChiefExecutive or the relevant Assistant ChiefExecutive or Head of Service

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12. The Chief Executive and each Chief Officeris authorised, after consultation with theHead of Business for Legal and DemocraticSolutions, to authorise and make an exgratia payment not exceeding £5,000 in anyone case in any instance in which, followinga complaint to the Scottish Public ServicesOmbudsman, it is considered that theservice provided by the Council to theperson who has made representations to theOmbudsman is below an acceptablestandard and that it is appropriate to makesuch a payment

13. To respond to enquiries or consultationsmade or undertaken by a GovernmentDepartment, by the Convention of ScottishLocal Authorities, by another local authorityor by another body where views are soughton behalf of the Council and where thetimescale for response does notappropriately allow for consideration atCommittee level, subject to subsequentreporting to the appropriate Committee



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CHIEF EXECUTIVES OFFICE

DELEGATED POWERS: THE CHIEF EXECUTIVE'S OFFICE

1 To act as Proper Officer for the following statutory purposes in respect of the statutoryrequirements indicated.

(a)

(b)

Local Government (Scotland) Act1973

Section 33A(1) − Delivery of form ofdeclaration of acceptance of officewithin two months of election

Chief Executive

Section 33(A)(3) − Officer beforewhom the declaration of acceptanceof office may be made

Section 34 − Delivery of notice ofresignation as a Member

Section 50D − Compilation of lists ofbackground papers anddetermination of background papersin respect of any report submitted tothe Council or any Committee orSub−Committee of the Council by anyofficer of the Chief Executive's Office

Section 193 − Signature on behalf ofthe authority of notices, orders orother documents which the Councilhas delegated, to the ChiefExecutive, authority to issue

Schedule 7, paragraph 1(4) − Receiptof requisition for Council meeting

Schedule 7, paragraph 2(1) − Noticeof Council meetings

Schedule 7, paragraph 2(2) − Receiptof notice by Member of alternativeaddress

Chief Executive

Chief Executive

Chief Executive

Chief Executive

Chief Executive

Chief Executive

Chief Executive

Representation of the People Act1983

Section 67(7) − Notification ofElection Agent

Chief Executive

Section 82(4) − Officer before whomdeclaration as to election expensesmay be made

Chief Executive

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Section 131 (1) −Accommodation ofand attendance on election court

Section 133(1) − Repayments ofexpenses of the election court at thediscretion of the court

Schedule 5, paragraph 6 − Retentionof list of rooms for use forParliamentary Election meetings

Chief Executive

Chief Executive

Chief Executive

(C) Scottish Local Election Order 2011

Rule 56.5 − Formal notice byReturning Officer of successfulcandidates at election

Chief Executive

Rules 57, 58 and 60 − Retention,custody and destruction of electiondocuments

2. Where there is urgency or an emergency, asdetermined by the Chief Executive, to takesuch action as may be required to advanceor to protect the interests of the Council,subject to advice to the Provost or theLeader of the Council or the Convener of therelevant Committee, as appears appropriate,and subject to subsequent report to thatCommittee in relation to matters for whichCommittee approval would normally berequired

3. To respond to enquiries or consultationsmade or undertaken by a GovernmentDepartment, by the Convention of ScottishLocal'Authorities, by another local authorityor by another body where views are soughton behalf of the Council and where thetimescale for response does notappropriately allow for consideration atCommittee level, subject to subsequentreporting to the appropriate Committees

4. To give a direction in special circumstancesthat any officer shall not exercise adelegated power

5. To approve attendance at conferences ortravel outwith the United Kingdom of officersin cases in which he considers it to be in theinterests of the Council

Chief Executive

Chief Executive

Chief Executive

Chief Executive

Chief Executive

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6. To make grants in case of urgency tovoluntary organisations and other relevantbodies to a financial limit of £30000 in anyone case subject to a subsequent report tothe appropriate Committee and, in the case ofgrants from Scottish Government funding priorconsultation with the appropriate NorthLanarkshire Partnership Board.

7. To determine and make payment of grantsand loans to businesses, individuals orcommunity and voluntary organisations asdetermined by the operating guidelines ofthe respective programme.

8. To contribute to partnership projects whichmeet the aims and objectives of the Councilas approved by the Council.

9. To set charges for services where there is adiscretionary limit.

Chief Executive

Chief Executive (to a limit of £50,000)

Chief Executive (to a limit of £50,000)

Chief Executive

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DELEGATED POWERS: FINANCIAL SOLUTIONS

To act as Proper Officer for the following statutory purposes in respect of the statutoryrequirements indicated.

(a)

(b)


Section 50D − Compilation of Lists ofbackground papers anddetermination of background papersin respect of any report submitted tothe Council or any Committee orSub−Committee of the Council by anyofficer within Business for FinancialSolutions and Revenue &E−Government

Solutions

Chief ExecutiveHead of Business for Financial Solutions

Section 92 − Specification or transferof securities in name of localauthority

Section 95 − Responsibility foradministration of financial affairs

Section 191 − Claims sequestrations,liquidations or other proceedings

Section 193 − Signature on behalf ofthe authority of notices, orders orother documents which the Councilhas delegated, to the Head ofBusiness for Financial Solutions,authority to issue





Environmental Protection Act 1990

Section 88(8) and (10) − Evidence ofpayment of fixed penalty notices forleaving litter

(c) Accounting records, control systemsand the statement of accounts interms of the Local Authority Accounts(Scotland) Regulations 2014

(d) To act as the Proper Officer in termsof Section 16 of the LocalGovernment etc. (Scotland) Act 1994in respect of property held on trust




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2. To carry out Treasury Management activitiesincluding investment, borrowing and bankingactivities or other associated activities

3. In terms of the Council's General ContractStanding Orders to enquire into the financialstanding of any tenderer who may beaccepted in relation to any contract

4. To approve home loans within the Councilpolicy

5. Except in so far as specifically delegated bythe Council to another officer in respect ofany individual company, to exercise thewhole powers of the Council as member ofany company in which the Council has ashareholding

6. To act as the Money LaunderingResponsible Officer (MLRO) in terms ofappropriate legislative provisions and inaccordance with Council policy

In respect of each function, the officer(s)specified in the Treasury ManagementPractices Manual maintained inaccordance with the Treasury Policystatement and Code of Practice




Head of Revenue and E−GovernmentSolutions

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DELEGATED POWERS: LEGAL AND DEMOCRATIC SOLUTIONS

To act as Proper Officer for the following statutory requirements indicated.

(a) Local Government (Scotland) Act1973

Section 50B − Exclusion of reportscontaining exempt information frompublic and provision of documents tothe press

Chief ExecutiveHead of Business for Legal andDemocratic Solutions

Democratic Services Manager

Section 50C − Provision of writtensummary where minutes areexcluded from the public

Section 50D − Compilation of lists ofbackground papers anddetermination of background papersin respect of any report submitted tothe Council or any Committee orSub−Committee of the Council by anofficer of Corporate Services

Section 50F − Determination ofdocuments with certain categories ofinformation for purposes of inspection

Section 190 − Service of legalproceedings notices, orders ordocuments on the Council

Section 193 − Signature on behalf ofthe authority of notices, orders orother documents in respect of whichthe Council has delegated to theHead of Business for Legal andDemocratic Solutions authority toissue

Section 194 − Execution of deedsand use of seal

Section 197 − Inspection and depositof documents










Legal Manager


Legal Manager


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Section 202 −Authentication ofByelaws and delivery of copies toother relevant authorities

(b)

(c)

(d)

(e)

Section 202B − Certification of entryin Register of Byelaws

Section 204 − Certificate as evidenceof Byelaws

Section 231 −Application to Sheriffon questions arising from LocalGovernment (Scotland) Act 1973





Civic Government (Scotland) Act1982

Section 112 − Execution ofmanagement rules


Legal Manager

Section 113 − Evidence by certificateof management rules

Schedule 1 paragraph 14; Schedule2 paragraph 10; and Schedule 2paragraph 17 − Certification ofdocuments

Chief ExecutiveHead of Business for Legal andDemocratic SolutionsLegal Manager


Legal Manager

Electricity Act 1989

Section 109(6) − Service ofdocuments on local authoritysecretary


Further and Higher Education(Scotland) Act 1992

Section 35 − Service of Notices andDocuments on local authoritysecretary


Requirements of Writing (Scotland)Act 1995

Schedule 2 − Signing of documents(including digital signing)


Legal Manager

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(f) Local Government (Contracts) Act1997 and Local Authorities (Contract)(Scotland) Regulations 1997

Regulation 4 − issue of certificates

(g) National Parks (Scotland) Act 2000

Schedule 2 − Service of byelaws



(h) Ethical Standards in Public Life etc(Scotland) Act 2000 (Register ofInterests) Regulations 2003

Set up, maintain and make availablefor public inspection the Register ofMembers' Interests


2. In the absence of the Chief Executive to actas Proper Officer for the statutory purposesfor which the Council designates the ChiefExecutive as Proper Officer.

3. Where time does not permitCouncil/Committee authorisation, followingconsultation with the Provost or DeputeProvost of the Council, to deal with requestsfor civic hospitality to official delegations,groups of visitors or others, and to deal withapplications for the patronage of the Councilor the use of the Council's Coat of Arms.

4. To exercise the powers of the Employer inrespect of contracts in which the Council isEmployer including, without prejudice to theforegoing generality, contracts under theInstitution of Civil Engineers Conditions ofContract; NEC Engineering and ConstructionConditions of Contract; conditions ofcontract; SBCC Standard Building Contractwith Quantities for use in Scotland; SBCCMeasured Term Contract for use in Scotland,and SBCC Minor Works Building Contract foruse in Scotland.

5. Authority is granted to sign Missives bindingthe Council in respect of property and toissue notices, orders or other requirementswhere this is in implement of or ancillary to adecision of the Council or a statutoryrequirement.

Head of Business for Legal andDemocratic Solutions




Legal Manager

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6. Authority is granted to recover the Council'slegal and administrative expenses andoutlays from third parties for Agreements tobe entered into under the Town and CountryPlanning (Scotland) Act 1997 Section 75 andthe Local Government (Scotland) Act 1973Section 69.

7. Authority is granted to make arrangementsto represent the Council in relation to anyCourt proceedings or any other proceedingsbefore any judicial or administrative authorityand, for that purpose, to initiate, enter,defend and withdraw from any suchproceedings, including authority tocompromise claims where it is consideredexpedient so to do.

8. Authority is granted to act as and to appointauthorised officers for the purposes ofSections 5 and 11 of the Civic Government(Scotland) Act 1982 to enter into and inspectany premises, vehicle or vessel used or tobe used for any activity for which a licence isin force or has been applied for under the1982 Act and to inspect any equipment orplant, apparatus or stock−in−trade which is oris to be kept or used in connection with anysuch activity and to require production of andto inspect any records or other documentsrequired to be kept under the Act.

9. On the recommendation of the AssistantChief Executive of the relevant Service orthe Head of Enterprise and Place, to serveEnforcement and Stop Notices, ListedBuilding Preservation Notices and to makeprovisional Tree Preservation Orders orother notices or orders under the Town andCountry Planning (Scotland) Acts wherenecessary to maintain the Council's interestsand to preserve the status quo and towithdraw or vary such notices or orders.

10. To engage the services of Counsel or otherlegal expertise where it is consideredappropriate so to do in the interests of theCouncil.

11. To appoint Solicitors to act as the Council'slaw agents in Edinburgh.



Legal Manager

Chief ExecutiveHead of Business for Legal andDemocratic SolutionsLegal ManagerPrincipal Solicitor (Licensing)


Legal Manager


Legal Manager


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12. To grant applications for licences and for therenewal of licences under Sections 10, 13,24, 27A, 28, 32, 39, 40, 41, 41A, 42 and 43of the Civic Government (Scotland) Act 1982in respect of taxi and private hire operatorsand drivers, second hand dealers, knifedealers, metal dealers, itinerant Metaldealer, street traders, market operators,public entertainment, indoor sportsentertainment, late hours caterers andwindow cleaners where no objection oradverse comment has been made followingconsultations.

13. To make arrangements to invite an applicantfor a licence or for renewal of a licence underthe Civic Government (Scotland) Act 1982and, as the case may be, any person makingan objection or representation in respect ofsuch an application to appear before theappropriate Committee or Sub−Committee ofthe Council in terms of paragraph 4 ofSchedule 1 to the Act.

14. To grant applications for permission forpublic charitable collections in terms ofSection 119 of the Civic Government(Scotland) Act 1982.

15. To grant applications under the CivicGovernment (Scotland) Act 1982 (Licensingof Booking Offices) Order 2009 incircumstances in which, followingconsultation, no objection or adversecomment has been made.

16. To grant applications for licences and for therenewal of licences under the Cinemas Act1985 regarding the use of premises for a filmexhibition following consultation with theChief Constable and Fire Authority.

17. To grant applications for licences and forrenewal of licences under the Theatres Act1968 regarding the use of premises for thepublic performance of plays followingconsultation with the Chief Constable andFire Authority.


Legal ManagerPrincipal Solicitor (Licensing)


Principal Solicitor (Licensing)Managing Solicitor (Licensing andLitigation)

Legal Manager






Legal Manager



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18. On receipt of a serious complaint requiringprompt and effective action, to suspend alicence in terms of paragraph 12 of the FirstSchedule to the Civic Government(Scotland) Act 1982 and to makearrangements to cite the licence holder toattend a meeting of the Corporate Services(Licensing) Sub−Committee for considerationof the matter in terms of paragraph 11 of thatSchedule.

19. To authorise officers of the Council toexercise powers of entry and inspection interms of Section 13 of the Cinemas Act1985, Section 5 of the Civic Government(Scotland) Act 1982 and Section 15 of theTheatres Act 1968.

20. To exercise the functions of the EducationAuthority in relation to irregular attendance atschools under their management all in termsof Sections 36−41 of the Education(Scotland) Act 1980 after consultation withthe Attendance Sub−Group of theappropriate Local Attendance Council.

21. To institute proceedings in respect ofoffences under Sections 35 and 41 of theEducation (Scotland) Act 1980.

22. To act as and to appoint authorised officersfor the purposes of Section 11 of the Safetyof Sports Ground Act 1975 and the FireSafety and Safety at Places of Sports Act1987 who may enter a sports ground at anyreasonable time, make an inspection andenquiries relating to the stadium asconsidered necessary for the purposes ofthose Acts and examine records ofattendance at the ground and recordsrelating to the maintenance of safety at theground.

23. To approve requests for display on taxi carsand private hire cars of advertisementswhich meet the criteria agreed by theCouncil.


Legal Manager



Chief ExecutiveHead of Business for Legal andDemocratic SolutionsDemocratic Services ManagerArea Officer/Registrar


Legal Manager


Head of Asset and Procurement Solutions



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24. To grant free use of committee meetingaccommodation within the Civic Centreduring office hours to trade unions andsimilar bodies for uses which, in the view ofthe officer exercising the delegated powers,relate directly to matters involving theCouncil and, in exceptional circumstances,outwith office hours.

25. To authorise use of formal meetingaccommodation under the control of theHead of Business for Legal and DemocraticSolutions within the Civic Centre duringoffice hours subject to the conditions andscale of charges approved from time to timeby the Council in respect of accommodationunder the control of the Assistant ChiefExecutive (Education, Skills and YouthEmployment) and, outwith office hours,subject to an additional charge to takeaccount of the costs of such extra securityprovision as is considered necessary by theofficer exercising the delegated power.

26. To grant free use of accommodation withinpremises under the control of the Head ofBusiness for Legal and Democratic Solutionsfor surgeries held by Members of Parliamentand Members of the Scottish Parliament incases in which the premises are consideredsuitable and arrangements can be effectedwithout significant cost to the Service.

27. To take such action as is necessary tosecure the delivery, in terms of Section 63 ofthe Civic Government (Scotland) Act 1982,to a person who has given notice of intentionto hold a procession of a copy of an Ordermade by the Council and a written statementof the reasons therefor, of notification of thedecision not to make an Order or of adecision to revoke an Order already made,or of a copy of a varied Order and a writtenstatement of the reasons for a variation, asappropriate, and to make such arrangementsas will ensure that persons who might takeor are taking part in that procession aremade aware of the fact that an Order hasbeen made or varied as appropriate and ofthe effect thereof.


Head of Business (Organisational andPeople Solutions)




Administrative and Members' ServicesManager



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28. To consider all applications requesting theCouncil to exercise its powers under Section62(4) of the Civic Government (Scotland) Act1982 and, after consultation with theConvener of the Corporate ServicesCommittee, to make an Order under Section62(4) of the Civic Government (Scotland) Act1982 dispensing with the requirement thatthe organisers of a proposed procession givenotice thereof to the Council not later thantwenty eight days before the date on which itis proposed that the procession be held.

29. In respect of requests received for TownTwinning, to approve and process thepayment of grants, civic hospitality and anytravel costs in accordance with CouncilPolicy

30. To amend the Scheme of Delegation toOfficers in those circumstances asfollows:−(a)

where the delegation specifiedbecomes the operationalresponsibility of another Service, totransfer said delegation betweenServices as appropriate;

(b) where legislation isamended/replaced and does nothave a significant impact upon thedelegation, to amend the delegationaccordingly;

(c) where the title of an officer withdelegated authority is amended, toamend said title.





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EDUCATION YOUTH AND COMMUNITIES

DELEGATED POWERS: COMMUNICATIONS AND DIGITAL LEARNING

There are no delegated powers to the Head of Communications and Digital Learning.

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DELEGATED POWERS: EDUCATION (CENTRAL)


Local Government (Scotland) Act 1973

Section 50D − Compilation of lists ofbackground papers and determination ofbackground papers in respect of any reportsubmitted to the Council or any Committeeor Sub−Committee of the Council by anyofficer of Learning and Leisure Services.

Assistant Chief Executive (Education,Youth and Communities)Head of Education (Central)

Section 193— Signature of notices, orders orother documents which the Council hasdelegated to the Assistant Chief Executive(Education, Youth and Communities)authority to issue.

2. To determine the Scheme of Managementdelegation to Heads of educationalestablishments in terms of the Standards inScotland Schools etc. Act 2000 and inaccordance with other Council policies.

3. To implement the whole function of theScheme of Management delegation.

4. To make contractual and service levelagreements with other education authoritiesand relevant external organisations tosupport the delivery of service functions.

5. To exercise the powers available to theCouncil as education authority in relation tothe exclusion of pupils from schools.

6. To determine leave of absence requests withsalary to enable teachers to undertakerelevant courses provided the decision doesnot give rise to part−time education inschools.

7

8.

To carry out the functions of the Council interms of the Education (Scotland) Act

To implement the whole function of theScheme of Management delegation.



Heads of Establishment


Assistant Chief Executive (Education,Youth and Communities)Head of Education (Central)Education OfficersPrincipal Psychologist


Assistant Chief Executive (Education,Youth and Communities)Heads of EducationEducation OfficersPrincipal Psychologist

Head of Establishment

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10. To exercise the discretionary powersavailable in implementation of conditions ofservice in relation to teachers in employmentof the Council.

11. To authorise the employment of teachers inreceipt of occupational pensions wherenecessary to ensure the provision ofeducation.

12. To grant unpaid leave of absence up to amaximum of two years to enable teachers toundertake voluntary service in other worldcountries in accordance with any guidelinesfrom time to time approved by the Council.

13. To authorise teachers to take up temporarypositions outwith North Lanarkshire and toappoint teachers from elsewhere to posts inNorth Lanarkshire on a temporary basis.

14. To carry out the functions of the Council interms of Sections 57 and 58 of the Education(Scotland) Act 1980 as amended in relationto the health and cleanliness of pupils atschools.

15. To determine applications from schools forforeign visits during school terms and toapprove the attendance of appropriate staffas required by the recognised staffing ratio.

16. To determine charges for public eventsarranged by Education, Youth andCommunities

17. To make staffing appointments to approvedposts taking account of the current financialposition.

18. To negotiate fees with performers, involvedin Arts and Venues activities, up to a tenderlimit of £20,000.

19. To agree with the Roman Catholic Churchthe arrangements for the approval ofteachers in Roman Catholic schools.


Assistant Chief Executive (Education,Youth and Communities)Heads of EducationEducation Officers


Assistant Chief Executive (Education,Youth and Communities)Head of EducationEducation Officers


Assistant Chief Executive (Education,Youth and Communities)Head of Education (Central)Principal Psychologist


Assistant Chief Executive (Education,Youth and Communities)Heads of Education


Assistant Chief Executive (Education,Youth and Communities)Heads Education


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20. To carry out the functions of the Council interms of the Education (Scotland) Act

21. To carry out the functions of the Council inregard to children and young people in termsof the Regulation of Care (Scotland) Act2001 and the National Childcare Standards.

22. To make contracts with private and voluntarysector establishments for the provision ofpre−school education in terms of theEducation (Scotland) Act 1980 as amendedand the Standards in Scotland's Schools etc.Act 2000.

23. To make appropriate arrangements toidentify and provide for children withadditional support needs in terms of theEducation (Additional Support for Learning)(Scotland) Act 2004 and the Education(Additional Support for Learning) (Scotland)Act 2009 including placement inestablishments not under the managementof the authority.

24. To make appropriate arrangements for theprovision of an educational psychologyservice in terms of the Education (Scotland)Act 1980.



27. To make additional appropriate provision forschool pupils who are looked after andaccommodated to support their educationalprogress


Assistant Chief Executive (Education,Youth and Communities)Head of Education (Central)Education Officer (Central)Principal PsychologistHeads of Establishment

Assistant Chief Executive (Education,Youth and Communities)Head of Education (Central)Education Officer

Assistant Chief Executive (Education,Youth and Communities)Head of Education (Central)Education Officer (Central)Principal Psychologist


Assistant Chief Executive (Education,Youth and Communities)Head of Education (Central)Education Officers

Assistant Chief Executive (Education,Youth and Communities)Head of Education (Central)Education Officer

Assistant Chief Executive (Education,Youth and Communities)Head of Education (Central)Education OfficerPrincipal Psychologist

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28. To implement the requirements of theAdditional Support for Learning (Scotland)Act 2004 in line with the guidance in theCode of Practice and the Education(Additional Support for Learning) (Scotland)Act 2009.

29. To carry out functions of the Council in termsof the Education (Scotland) Act


Assistant Chief Executive (Education,Youth and Communities)Head of Education (Central)Education OfficerPrincipal Psychologist

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DELEGATED POWERS: EDUCATION (NORTH)



Section 50D − Compilation of lists ofbackground papers and determination ofbackground papers in respect of any reportsubmitted to the Council or any Committeeor Sub−Committee of the Council by anyofficer of Education, Youth andCommunities.

Assistant Chief Executive (Education,Youth and Communities)Head of Education (North)

Section 193 − Signature of notices, orders orother documents which the Council hasdelegated to the Assistant Chief Executive(Education, Youth and Communities)authority to issue.


3. To determine the dates of local schoolholidays after consultation with theappropriate trade unions.

4. To decide early entry requests for entry toprimary education in terms of the Standardsin Scotland's Schools etc. Act 2000.

5. To determine premature retirement requestsfrom Teachers in accordance with guidelinesapproved by the Council taking account ofthe financial implications.


7. To determine the staffing structure ineducational establishments in accordancewith the policies approved by the Counciland to arrange for the appointment of staff

8. To transfer teaching staff in accordance withthe policy approved by the Council and,where appropriate, to pay transfer expenses.




Assistant Chief Executive (Education,Youth and Communities)Head of Education (North)Education Officer (Contracts)

Assistant Chief Executive (Education,Youth and Communities)Head of Education (North)Education Officer (Personnel)


Assistant Chief Executive (Education,Youth and Communities)Head of Education (North)Heads of Establishment


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13. To make special arrangements for pupilsliving in exceptional circumstances inexercise of the powers contained in Section50 of the Education (Scotland) Act 1980.

14. To make grants to pupils to allow attendanceat courses or participation in educationalvisits including outwith Scotland.

15. To issue licences in terms of the Children(Performances) Regulations 1968.


17. To make grants to school pupils to supportfees, courses or expenses associated withmembership of National Orchestras,attendance at the Royal Scottish Academy ofMusic and Drama and the Scottish BalletSchool or with selection to representScotland in Sports.

18. To make provision for North LanarkshireSchools, music groups and sporting teams,including the provision of equipment and therecruitment of members.







Assistant Chief Executive (Education,Youth and Communities)Head of Education (North)Education Officer (North)

Assistant Chief Executive (Education,Youth and Communities)Head of Education (North)Education Officers


Assistant Chief Executive (Education,Youth and Communities)Head of Education (North)Education Officers (ContinuousImprovement Service)Heads of Establishment

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19. To determine the rates of pay to theinvigilators of external examinations.

20. To determine the suitability of applicationsfor posts with access to children and othervulnerable people in the light of disclosureinformation and child protection legislation


22. To make provision for North LanarkshireSchools, music groups and sporting teams,including the provision of equipment and therecruitment of members.

23

24









Assistant Chief Executive (Education,Youth and Communities)Head of Education (North)All Education OfficersCommunity Learning and InclusionManagerPrincipal Psychologist

Assistant Chief Executive (Education,Youth and Communities)Head of Education (North)Education Officers

Assistant Chief Executive (Education,Youth and Communities)Head of Education (North)Education OfficersHeads of Establishment








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DELEGATED POWERS: EDUCATION (SOUTH)



Section 50D − Compilation of lists ofbackground papers and determination ofbackground papers in respect of any reportsubmitted to the Council or any Committeeor Sub−Committee of the Council by anyofficer of Education, Youth andCommunities.

Assistant Chief Executive (Education,Youth and Communities)Head of Education (South)

Section 193— Signature of notices, orders orother documents which the Council hasdelegated to the Assistant Chief Executive(Education, Youth and Communities) toissue.

2. To determine the Scheme of Managementdelegation to Heads of educationalestablishments in terms of the Standards inScotland Schools etc. Act 2000 and inaccordance with other Council policies.

3. To implement the whole function of theScheme of Management delegation.

4. To make grants up to a maximum of £10,000to local voluntary groups, youth clubs,community groups, organisations providing adirect service to children in educationalestablishments and talented and giftedindividuals within approved estimates.

5. To make grants up to a maximum of £10,000to local voluntary groups, youth clubs,community groups, organisations providing adirect service to children in educationalestablishments and talented and giftedindividuals within approved estimates.

6. To receive and determine applications fordisbursement of funds in accordance withthe provisions of trust schemes vested in theCouncil and any endowments administeredby those trusts.

7. To accept and administer any new trusts orsmall endowments which may be offered tothe Council for schools in North Lanarkshire


Assistant Chief Executive (Education,Youth and Communities)Head of Education (South)Business Finance Manager






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9. To exercise the powers available to theCouncil as Education Authority in terms ofSection 23 of the Education (Scotland) Act1980 with regard to the provision by theCouncil of education for pupils belonging tothe areas of other education authorities andto pay the approved fees to any othereducation authority which has providededucation for pupils normally resident in thearea of North Lanarkshire but who are, forvarious reasons, placed in schools outwithNorth Lanarkshire.

10. To determine all placing requests in line withCouncil policy and to ensure that allappropriate transport arrangements aremade.

11. To make arrangements for the provision ofhome to school transport for school pupilsand pre−school children in line with Councilpolicy, including the appointment of escortsand attendants as required.





16. To transfer teaching staff in accordance withthe policy approved by the Council and,where appropriate, to pay transfer expenses.


Assistant Chief Executive (Education,Youth and Communities)Head of Education (South)Education Officer (ASN)Principal PsychologistForward Planning Officer

Assistant Chief Executive (Education,Youth and Communities)Head of Education (South)Forward Planning OfficerEducation Officer (ASN)





Assistant Chief Executive (Education,Youth and Communities)Head of Education (South)Heads of Establishment


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21. To make special arrangements for pupilsliving in exceptional circumstances inexercise of the powers contained in Section50 of the Education (Scotland) Act 1980.

22. To determine requests for access to andamendment of records in terms of the PupilsEducation Records (Scotland) Regulations2003 and the Data Protection Act 1998 andRegulations thereunder.




26. To establish the capacity of individualschools.






Assistant Chief Executive (Education,Youth and Communities)Head of Education (South)Principal Psychologist


Assistant Chief Executive (Education,Youth and Communities)Head of Education (South)Education Officers



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27. To approve self−help building adaptationproposals from heads of establishmentsubject to the approval of the Head of Assetand Procurement Solutions to adherence tocontract and financial regulations.


29. To approve the attendance of staff on foreignyouth exchange visits where the Councilrequires to be represented.



32. To implement the schools PPP contract withTransform Schools North Lanarkshireincluding the approval of payments andsetting of penalties.

33. To approve the annual charge payable to theDalziel Trust for the use of the sportsfacilities at Daiziel Park

34. To approve the agency agreement withStrathclyde Passenger Transport for theprocurement and monitoring of home toschool transport, including the financialarrangements, in consultation with the Headof Asset and Procurement Solutions.

35. To accept and administer any new trusts orsmall endowments which may be offered tothe Council for schools in North Lanarkshire

36. After consultation with the Convener of theappropriate Committee and with theappropriate local members to take suchaction as is deemed necessary to opposeplanning applications and applications forliquor and trading licences whenevereducational establishments might beadversely affected.



Assistant Chief Executive (Education,Youth and Communities)Head of Education (South)Community Learning and InclusionManager




Assistant Chief Executive (Education,Youth and Communities)Head of Education (South)Business Finance Manager



Assistant Chief Executive (Education,Youth and Communities)Head of Education (South)Forward Planning Officer

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38. To make footwear and clothing grants topupils in North Lanarkshire schools outwiththe guidelines approved by the Councilwhere there are circumstances of familyhardship.

39. To make Education Maintenance Allowances(EMA) to individual pupils and students inaccordance with the policy approved by theCouncil.

40. To exercise the power not to withhold anEducation Maintenance Award whereattendance or progress have been affectedby exceptional circumstances.

41. To ensure the provision of appropriatefacilities, meals or refreshments to schoolpupils in line with Section 53(3) of theEducation (Scotland) Act 2003 and theEducation (School Meals) (Scotland) Act2003.

42. Ta make special arrangements for pupilsliving in exceptional circumstances inexercise of the powers contained in Section50 of the Education (Scotland) Act 1980.



45. To establish the capacity of individualschools.

46. To make appropriate refreshment provisionfor pre−school children attending an authorityestablishment on a whole day basis

Assistant Chief Executive (Education,Youth and Communities)Head of Education (South)Education Officers










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47. To approve the agency agreement withStrathclyde Passenger Transport for theprocurement and monitoring of home toschool transport, including the financialarrangements, in consultation with the Headof Corporate Property, Procurement andResource Solutions.

48

49.





52. To transfer teaching staff in accordance withthe policy approved by the Council and,where appropriate, to pay transfer expenses









Assistant Chief Executive (Education,Youth and Communities)Heads of EducationEducation OfficersHeads of Establishment






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Assistant Chief Executive (Education,Youth and Communities)Heads Education



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ENTERPRISE AND HOUSING

DELEGATED POWERS: ENTERPRISE AND PLACE

2



Section 500 − Compilation of lists ofbackground papers and determination ofbackground papers in respect of any reportsubmitted to the Council or any Committeeor Sub−Committee of the Council by anofficer from Enterprise and HousingResources

Assistant Chief Executive (Enterprise andHousing Resources)

Head of Enterprise and Place

Section 193 − Signature on behalf of theauthority of notices, orders or otherdocuments which the Council hasdelegated, to the Assistant Chief Executive(Enterprise and Housing Resources),authority to issue

Notices relating to the evacuation ofbuildings under Schedule 5 of the Building(Scotland) Act 2003

Construction (Design and Management)Regulations 2015 as

f o l l o w s : − A s s i s t a n t Chief Executive (Enterprise andHousing Resources)Head of Enterprise and Place

Assistant Chief Executive (Enterprise andHousing Resources)Head of Enterprise and PlaceBuilt Environment Manager


Head of Enterprise and PlacePlanning and Place ManagerBuilt Environment Manager

to fulfil the duties of the Client

3. To accept invitations from all legal externalsources to carry out construction−relateddesign and construction projects.

4. In terms of the Council's General ContractStanding Orders.

To take such measures as may benecessary in emergency situations, subjectto advising the relevant Committee as soonas possible thereafter on any item for whichCommittee approval would normally benecessary, including any contract for theexecution of works which are urgentlyrequired for the prevention of damage to lifeor property.


Head of Enterprise and PlaceBuilt Environment Manager

Assistant Chief Executive (Enterprise andHousing Resources)Head of Enterprise and PlacePlanning and Place ManagerEnterprise ManagerBuilt Environment Manager

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5. To determine any application for planningpermission or any application for consent,agreement or approval required bycondition imposed on a grant of planningpermission, within the category of localdevelopments as defined in the Town andCountry Planning (Hierarchy ofDevelopments) (Scotland) Regulations2009, subject to the exceptions as listedbelow:

(a) Any application made by a memberof staff of the Enterprise and PlaceService an elected member or achief officer of the Council

(b) Any application which, if approved,would require to be notified to theScottish Ministers

(c) Any application which raisessignificant objections (six or more allof which raise material planningissues) (multiple objections from oneperson or one household will countas one objection)

(d) Any application which, if approved,would be contrary to theDevelopment Plan

6. Without prejudice to delegation 5, Todetermine within the following categories,applications in respect of which fewer than6 objections have been received (all ofwhich raise internal planning issues).(Multiple objections from one person or onehousehold will count as one objection)

(a)

(b)

(c)

Advertisements of all kind

Listed building applications

Applications for conservation areaconsent

(d) Applications to lop, top, pollard, fellor destroy trees which are subject toprotection by a confirmed TreePreservation Order which are withina Conservation Area

Head of Enterprise and PlacePlanning and Place ManagerPlanning Managers, Local Developmentand Major Development

Senior Planning Officers



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(e) Applications for a certificate ofLawfulness in terms of sections 150and 151 of the Town and CountryPlanning (Scotland) Act 1997

(f) Applications for Prior Approval interms of Schedule I to the Townand Country Planning (GeneralPermitted Development) (Scotland)Order 1992

(g) Applications for non materialvariations in terms of Section 64 ofthe Town and Country Planning(Scotland) Act 1997

7. To negotiate and conclude legalagreements (under Section 75 of the Townand Country Planning (Scotland) Act 1997(as amended) and Section 69 of the LocalGovernment (Scotland) Act 1973)associated with applications determinedunder delegation 5.

8. To determine applications made in terms ofSection 75A of the Town and CountryPlanning (Scotland) Act 1997 (asamended).

9. To initiate and serve in terms of Town andCountry Planning (Scotland) Act 1997

(a)

(b)

(c)

Discontinuance Notices s.71

Planning Contravention Noticess.125

Section 272 Notices, and

(d) Section 186 Notices in terms of theTown and Country Planning Controlof Advertisement (Scotland)Regulations 1984

10. Following consultation with the Convenor orin his/her absence, a Vice Convenor of thePlanning and Transportation Committee,the local Members and where appropriate,the Head of Business for Legal andDemocratic Solutions, to initiate and servein terms of the Town and Country Planning(Scotland) Act 1997

Head of Enterprise and PlacePlanning and Place ManagerPlanning Managers, Local Developmentand Major DevelopmentSenior Planning Officers




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(a) Enforcement Notices, s.127

(b) Breach of Condition Notices, s.145

(c) Stop Notices, s.140

(d) Application for interdict s.146

(e) Tree Preservation Orders s.160

(f) Notices relating to removal, orobliteration, as appropriate ofunauthorised posters, s.187

(g) Notices Requiring ProperMaintenance of Land (wastelandamenity notice) s. 179

(h) Fixed Penalty Notices

(i) Notice requiring application forplanning permission for developmentalready carried out

(j) Temporary Stop Notices

and ancillary thereto, in circumstancesconsidered appropriate by the Head ofEnterprise and Place to instruct works to becarried out and costs to be recovered.

In terms of the Planning (Listed Buildingsand Conservation Areas) (Scotland) Act1997

(a)

(b)

Building Preservation Notices, s.3

Listed Building Enforcement Notices,s.34

11. After consultation with Head of Business forLegal and Democratic Solutions to authorisethe promotion and confirmation of Orders forthe Stopping Up or Diversion of roads,footpaths or bridleways in terms of Sections207 and 208 of the Town and CountryPlanning (Scotland) Act 1997

12. To carry out the following functions of theCouncil in relation to the Town and CountryPlanning (Environmental ImpactAssessment) (Scotland) Regulations 2017:

(a) Screening opinion

(b) Scoping opinion

Head of Enterprise and PlacePlanning and Place ManagerPlanning Managers, Local Developmentand Major Development, Strategy andPolicy



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13. To prepare and submit the Councils case inplanning and enforcement appeals and todetermine whether to claim costs on behalfof the Council in respect of planning appeals

14. To respond to consultations fromneighbouring authorities where proposalsaccord with the relevant development planand on scoping and screening opinionsunder the Environmental ImpactAssessment (Scotland) Regulations 2017

15. To determine applications for High HedgesNotices made under the High Hedges(Scotland) Act 2013, prepare and presentthe Council's case in appeals against suchdecisions, serve High Hedges Notices, andancillary thereto, in circumstancesconsidered appropriate by the AssistantChief Executive (Enterprise and HousingResources), to instruct works to be carriedout and costs to be recovered.

16. To determine applications made in terms ofsection 35A and 35B of the Town andCountry Planning (Scotland) Act 1997, asamended

17. In accordance with section 39 of the Townand Country Planning (Scotland) Act 1997,to decline to determine an application(which has been refused within the past 2years and is of the same nature).

18. In respect of the Building (Scotland) Act2003, the Building Standards (Scotland)Regulations 2004 and the BuildingProcedural (Scotland) Regulations 2004

(a) to determine all applications forbuilding warrant;

(b) to refer matters of doubt to theScottish Ministers in accordance withSection 12 of the Building (Scotland)Act 2003.



Head of Enterprise and PlacePlanning and Place ManagerPlanning Managers, Local Developmentand Major Development, Strategy andPolicy




Head of Enterprise and PlacePlanning and Place ManagerPlanning Managers, Local Developmentand Major DevelopmentSenior Planning Officer

Head of Enterprise and PlaceBuilt Environment ManagerBuilding Standards ManagerSenior Building Standards SurveyorsBuilding Standards Officers


(c) to issue Statutory Notices of intentionand orders in respect of Section 28,29 and 30 of the Building (Scotland)Act 2003 (excluding instances whereappeals to the Sheriff have beenintimated or application to whichobjections have been made), and

19

20

(d) in emergency situations, to exercisethe powers under Section 29 of theBuilding (Scotland) Act 2003, relativeto dangerous buildings to instructexecution of works which areurgently required for the preventionof damage to life or property butsubject to a financial limit of £50,000in any one case, and subject also toadvising the Committee as soon aspossible thereafter

In respect of the Civic Government(Scotland) Act 1982

(a) to implement Sections 87, 99, 101and 102 in relation to emergencyrepairs to buildings

(b) to implement Section 89 in relation toraised structures


Head of Enterprise and PlaceBuilt Environment ManagerBuilding Standards ManagerSenior Building Standards SurveyorsBuilding Standards Officers

(c) after consultation with the localMembers to implement Section 97 inrelation to street naming andnumbering, and

(d) in consultation with the Head ofBusiness for Legal and DemocraticSolutions to lodge objections to theCorporate Services (Licensing)Sub−Committee in relation toentertainments / events whereappropriate

In respect of the Licensing (Scotland) Act2005

(a) in consultation with the Head ofBusiness for Legal and DemocraticSolutions to lodge objections ormake representations to theLicensing Board in respect of anyapplication for a premises licence

Assistant Chief Executive (Enterprise andHousing Resources)Head of Enterprise and PlaceBuilt Environment ManagerBuilding Standards ManagerSenior Building Standards SurveyorBuilding Standards Officers


(b) in consultation with the Head ofBusiness for Legal and DemocraticSolutions to apply to the LicensingBoard for a review of any licensedpremises in relation to which apremises licence has effect whereconsidered appropriate

21. To appoint authorised officers for thepurposes of Section 11 of the Safety ofSports Grounds Act 1975 and Fire Safetyand Safety at Places of Sports Act 1987who may enter a sports ground at anyreasonable time, make such inspection andenquiries relating to the stadium asconsidered necessary for the purposes ofthose Acts and examine records ofattendance at the ground and recordsrelating to the maintenance of safety at theground.

22. In respect of The Building (Scotland) Act2003 and The Energy Performance ofBuildings (Scotland) Regulations 2008 to, toexercise enforcement powers relative toDirective 2010/31 EU on EnergyPerformance of Buildings.

23

24

Housing (Scotland) Act 2006

To determine applications for assistanceincluding grants, in accordance with thecouncil's Scheme of Assistance andappropriate legislative provisions (excludingany applications made under and in terms ofsection 71(1)(b) which relate to an aid oradaption)

To waive certain grant conditions under theScheme of Assistance

25. To instruct and arrange works in default toprivate sector properties, followingenforcement action

26. To take such actions as may be required tocomply with the property factors (Scotland)Act 2011

27. To determine and approve applicationsunder the Council's Empty Homes PurchaseScheme.


Head of Enterprise and PlaceBuilt Environment ManagerBuilding Standards ManagerSenior Building Standards SurveyorBuilding Standards Officers

Assistant Chief Executive (Enterprise andHousing Resources)Head of Enterprise and PlaceBuilt Environment ManagerSenior Building Standards SurveyorBuilding Standards Officers

Assistant Chief Executive (Enterprise andHousing Resources)Head of Enterprise and PlaceBuilt Environment ManagerManager (Private Sector)Senior Building Standards SurveyorBuilding Standards Officers

Head of Enterprise and Place

Head of Enterprise and PlaceBuilt Environment ManagerManager (Private Sector)




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28. To consider and where appropriate approveloan applications from the West of ScotlandLoan Fund and Business Loans Scotland

29. To determine and make payment of grantsand loans (with the exception of loansgranted through West of Scotland LoanFund and Business Loans Scotland) tobusinesses, individuals or community andvoluntary organisations as determined bythe operating guidelines of the respectiveprogramme.

Head of Enterprise and PlaceEnterprise Manager


Head of Enterprise and PlaceEnterprise Manager


DELEGATED POWERS: HOUSING PROPERTY AND PROJECTS



Section 50D − Compilation of lists ofbackground papers and determination ofbackground papers in respect of any reportsubmitted to the Council or any Committeeor Sub−Committee of the Council by anyofficer of Enterprise and Housing Resources


Head of Business, Housing Property andProjects

Section 193 − Signature of notices, orders orother documents which the Council hasdelegated to the Assistance Chief Executive(Enterprise and Housing Resources)authority to issue

2. To assess responsibility for repairs andreplacements in accordance with the policydetermined by the Council, and to meet theScottish Housing Quality Standard

3. In terms of Section 28 of the Housing(Scotland) Act 2001, to determineapplications by tenants for the alteration,improvement or enlargement of Councilhouse's or of any fittings or fixtures, includingbut not limited to the addition of new fittingsor fixtures and the erection of a garage, shedor other structure and by owner/occupiers foralterations to former Council houses inaccordance with the terms of policyguidelines for such alterations as laid downby the former Housing and TechnicalServices Committee

4. To determine and authorise payment ofhomeloss; decoration/disturbance paymentsin accordance with the policy as determinedfrom time to time by the Council

Assistant Chief Executive (Enterprise andHousing Resources)Head of Business, Housing Property andProjects


Head of Business, Housing Property andProjectsInvestment and Repairs ManagerProperty Business ManagerService Delivery Co−ordinator





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5. To agree changes to the Strategic HousingInvestment Plan and Affordable HousingSupply Programme with the ScottishGovernment, in accordance with LocalHousing Strategy priorities

6. To agree Affordable Housing Policycontributions on applicable sites inaccordance with the approved AffordableHousing Policy

7. To approve extensions and/or majoradaptations to council houses where this hasbeen assessed as being necessary to meetthe assessed needs of the household,subject to available resources.

8. To accept Scottish Government Grant offersrelated to the delivery of new supply housing;energy efficiency programmes or otherhousing related programmes

9. To submit strategic, outline and full level s ofbusiness case to Glasgow City Region(GCR) Programme Management Office forconsideration by the GCR Cabinet forfunding approval.

10. In respect of all projects undertaken byHousing Property and Projects, dischargethe full responsibilities of the Council in termsof the Construction (Design andManagement) Regulations 2015



Housing Development Manager



Housing Development Manager



Head of Housing Solutions



Head of Housing SolutionsHousing Development ManagerInvestment and Repairs Manager



Enterprise Projects Manager



Housing Development ManagerInvestment and Repairs ManagerDesign ManagerProperty Business Manager

11. In terms of the Council's General ContractStanding Orders

(a) In relation to the nomination ofsubcontractors for the execution ofworks or for the supply of materials,to invite tenders from not less thanthree persons considered competentfor the purpose or, with the approvalof the relevant Committee, from lessthan three persons



Housing Development ManagerInvestment and Repairs ManagerEnterprise Projects ManagerContract Strategy ManagerDesign ManagerProperty Business Manager


(b) In relation to the nomination ofsubcontractors, to nominate thetenderer providing best value inaccordance with the contractselection/award criteria assubcontractor unless the relevantCommittee authorises otherwise

(c) To request records in relation to acontract which may be held by aconsultant engaged by the Council ona particular project

(d) In relation to the public noticesregarding tenders for contracts, toselect in which newspaper and tradejournals, if any, such public noticesare to be inserted

(e) To accept tenders for the execution ofworksup to the financial thresholdsset out in General Contract StandingOrders

(f) To accept tenders for the supply ofgoods or provision of services up tothe financial thresholds set out inGeneral Contract Standing Orders




Assistant Chief Executive (Enterprise andHousing Resources)Head of Business, Housing Property andProjectsHousing Development ManagerInvestment and Repairs ManagerEnterprise Projects ManagerContract Strategy ManagerDesign ManagerProperty Business Manager




Head of Business, Housing Property andProjectsHousing Development ManagerInvestment and Repairs ManagerEnterprise Projects ManagerContract Strategy Manager


Head of Business, Housing Property andProjectsHousing Development ManagerInvestment and Repairs ManagerEnterprise Projects ManagerContract Strategy Manager

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(g) To contact a tenderer in respect ofany contract in cases where suchcontact may be necessary to validateor clarify the terms of the tender or toeffect any necessary adjustmentssubject to a full written record beingkept of such contacts and retainedwith the original tender

12

(h) To ensure, in accordance with theConstruction, Design andManagement Regulations 2015,where works are being undertaken byHousing Property and Projects that acompetent contractor is appointed

(i) To take such measures as may benecessary in emergency situations,subject to advising the relevantCommittee as soon as possiblethereafter on any item for whichCommittee approval would normallybe necessary, including any contractfor the execution of works which areurgently required for the prevention ofdamage to life or property

(j) To prepare specifications, conditionsof contract, bills of quantity ordescriptions of work and to undertakefull contract administration on behalfof the employer for all constructionrelated contracts either of revenue orof capital nature in excess of £10,000including submission of buildingwarrant and planning applications

Construction (Design and Management)Regulations 1994 (revised 2015) asfollows:−(a)

(b)


to appoint a Principal Designer and/orDesigner, Principal Contractor and/orContractor;








Head of Business, Housing Property andProjectsInvestment and Repairs ManagerProperty Business Manager


Housing Development ManagerInvestment and Repairs ManagerContract Strategy ManagerDesign ManagerProperty Business ManagerRoads Design Manager


Enterprise Projects ManagerSenior Project ManagerRoad Design ManagerProject Development Manager


(C) in the case of contracts where thecouncil is appointed as PrincipalDesigner and/or Designer, PrincipalContractor and/or Contractor, to carryout the duties appropriate to eachsuch appointment

in the case of contracts where the Councilacts as agents for the Scottish Governmentor other external agencies, to consent to theCouncil being appointed as the client agent.

13. To act as Engineer, to be responsible for theappointment of an Engineer's representative,and to be responsible for the control ofcontracts under the Institution of CivilEngineers Conditions of Contract with theexception of exercise of the Employer'spowers.

Roads Design Manager

14. To act as Project Manager, to be responsiblefor the appointment of a Supervisor and tobe responsible for control of contracts underthe NEC Engineering and ConstructionConditions of Contract with the exception ofexercise of Employer's powers and of power,under Clause 14.2 of those Conditions, tofurther delegate functions under Clauses 90and W2.4(4) thereof.


Enterprise Projects ManagerSenior Project ManagerRoad Design ManagerProject Development Manager

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DELEGATED POWERS: HOUSING SOLUTIONS


(a)

(b)


Section 50D − Compilation of lists ofbackground papers anddetermination of background papersin respect of any report submitted tothe Council or any Committee orSub−Committee of the Council by anyofficer of Housing and Social WorkServices



Section 193 − Signature of notices,orders or other documents which theCouncil has delegated to theExecutive Director of Housing andSocial Work Services authority toissue

Housing (Scotland) Act 1988

Schedule 5, Part 3, paragraph 5.5 −Certificate as to suitable alternativeaccommodation

2. To operate the system of allocation ofhouses within the policy determined by theCouncil

3. To consider and control sub−tenancies inhouses belonging to the Council



Assistant Chief Executive (Enterprise andHousing Resources)Head of Housing Solutions

Housing Solutions ManagerBusiness Solutions Manager


Head of Housing SolutionsHousing Solutions ManagerHousing Area ManagersHousing Business ManagersHousing Service ManagersHousing Co−ordinatorBusiness Solutions ManagerBusiness Engagement Manager


Head of Housing SolutionsHousing Solutions ManagerHousing Area ManagersHousing Business ManagersHousing Service ManagersHousing Co−ordinator

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4

5

To control and abate overcrowding

To control the conduct and standard oftenancies

6. To deal with all applications received underPart 2 of the Housing (Scotland) Act 1987(Homeless Persons) and to take allnecessary action to implement the dutiesplaced upon the Council by the saidprovisions, including the grant of temporaryaccommodation and the issue of all noticesin terms of that Act

7. To raise proceedings for recovery ofpossession of dwellinghouses and to serveall necessary notices preliminary thereto interms of the Housing (Scotland) Act 2001 orotherwise and to take all appropriate actionnecessary to implement and enforce decreesgranted by the Courts in pursuance of suchactions, including the acceptance of suitableoffers of payment of arrears of rent in lieuthereof

8. Anti Social Behaviour (Scotland) Act 2004

Investigating noise nuisance, servingwarning notices and fixed penalty notices,and seizing and removing equipment inaccordance with sections 41 to 54 of theAntisocial Behaviour etc (Scotland) Act 2004




Head of Housing SolutionsHousing Solutions ManagerHousing Area ManagersHousing Business ManagersHousing Service ManagersHousing Co−ordinatorBusiness Solutions ManagerBusiness Engagement Manager


Head of Housing SolutionsHousing Solutions ManagerHousing Area ManagersHousing Business ManagersHousing Service ManagersHousing Co−ordinatorBusiness Solutions Manager

Assistant Chief Executive (Enterprise andHousing Resources)Head of Housing SolutionsManager, Finance and AdministrationIncome ManagerFinance ManagerHousing Solutions ManagerHousing Area ManagersHousing Business ManagersHousing Service ManagersBusiness Solutions Manager


Head of Housing SolutionsHousing Solutions ManagerHousing Area ManagersHousing Business ManagersHousing Service ManagersAnti Social Response Officers

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9

10

In case of emergency to approve requestsfor provision of temporary housing

To grant "leases" of a temporaryaccommodation

11. To grant "leases" and to incur expenditureon the provision of Bed and Breakfastaccommodation where necessary

12. To manage supported or temporaryaccommodation and to raise proceedings forthe recovery of possession of all propertiesused for the provision of temporary orsupported accommodation and to servenotices preliminary thereto in terms of theHousing (Scotland) Act 1987 or otherwiseand to take all action necessary toimplement and enforce decrees granted inpursuance of such actions

13. To approve grant funding to tenants groupsand the North Lanarkshire Federation ofTenants and Residents Associations, tosupport the delivery of the council's tenantParticipation Strategy, subject to availablefunding

Assistant Chief Executive (Enterprise andHousing Resources)Head of Housing SolutionsHousing Solutions ManagerHousing Area ManagersHousing Business ManagersHousing Service ManagersHousing Co−ordinatorBusiness Solutions Manager

Assistant Chief Executive (Enterprise andHousing Resources)Head of Housing SolutionsHousing Solutions ManagerHousing Area ManagersHousing Business ManagersHousing Service ManagersHousing Co−ordinatorBusiness Solutions Manager





Head of Housing SolutionsBusiness Solutions ManagerBusiness Engagement Manager

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DELEGATED POWERS: ORGANISATIONAL AND PEOPLE SOLUTIONS

To update and alter records of politicallyrestricted or politically sensitive postsmaintained in terms of the Local Governmentand Housing Act 1989 and to issue noticesof entries in such records.

Chief ExecutiveHead of Business, Organisational andPeople Solutions

Employee Relations ManagerHR Business Partnership Manager

2. To implement national agreements onwages/salaries and conditions of servicewhere no discretionary element exists.

3. To apply approved Scheme for staff entitledto receive acting up payments and, inconjunction with appropriate Chief Officers,exercise the discretions available for thepurposes of that scheme.

4. To process payments due under personnelpolicies and procedures agreed by theCouncil such as those applicable toemployees for reimbursement of expenditureon removal and legal fees, for expenditure inrespect of staff undertaking external trainingcourses or examinations, and payment ofmedical advisers' fees for medicalexaminations of employees, all within theparameters of the policies established by theCouncil.

5. Following consultation with the Chief Officerof the relevant service to consult with therelevant trade unions and determine criteriafor selection for redundancies.

6. Following consultation with the Chief Officerof the relevant service to authorisetemporary exchange of duties between andamong staff and authorise secondments ofstaff to other services and outsideorganisations.

7. To approve establishment changes(including designation changes) in instancesin which the grades of the post have beenidentified by means of methods approved bythe Council and the costs of the changes arefully met from external sources.

Head of Business, Organisational andPeople Solutions


Head of Business, Organisational andPeople SolutionsEmployee Relations ManagerHR Business Partnership Manager






Employee Relations ManagerHR Business Partnership ManagerSenior Employee Relations AdviserSenior HR Business Partner



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8. To approve revisions to grades arising fromthe application of the Job EvaluationScheme subject to retrospective report, forinformation, to the Human Resources(Appeals, Early Retirement and SoundingBoard) Sub−Committee.

9. To approve, in consultation with the ChiefExecutive and relevant Assistant ChiefExecutive, where applicable, applicationsreceived from employees who are membersof the Local Government Pension Schemefor early access to their pension benefitsunder the "Rule of 85", provided there is nocost to the Council (i.e. the employee willbear the strain on the fund cost by anactuarial reduction to pension benefits).





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HEALTH AND SOCIAL CARE

DELEGATED POWERS: ADULT SOCIAL WORK SERVICES

To carry out the functions of the Council interms of the relevant sections of the SocialWork (Scotland) Act 1968 under which theCouncil is required to promote SocialWelfare by making available advice,guidance and assistance on such a scaleas may be appropriate for its area:

Chief Accountable Officer Health andSocial CareHead of Children, Families and JusticeSocial Work Services/Chief Social WorkOfficerHealth and Social Work ManagersHead of Adult Social Work ServicesLocality Social Work Managers,Community Care

Care Group Managers, Community CareService Managers, Community Care

(a) To make loans or grants inaccordance with Notes of Guidanceapproved by the Council up to a limitof £1,000 in any one month inrespect of any one family or child.

(b) To give any other appropriateassistance, including provision forthe storage of furniture in cases ofemergency.

in calculating the amount given or lent forthe purposes of this provision, accountshould be taken of any additional paymentmade in terms of Section 12 otherwiseauthorised.

2. To approve grants to voluntaryorganisations of up to £5,000 provided thatthe application is not in excess of £5,000(excluding any grants made under and interms of Section 10 of the Social Work(Scotland) Act 1968 (so far as it isexercisable in relation to anotherintegration function).

Chief Accountable Officer Health andSocial CareHead of Adult Social Work ServicesHead of Children, Families and JusticeSocial Work Services/Chief Social WorkOfficer

3. To authorise payment, up to a maximum of£1,000, toward the cost of arranging orassisting in arranging holidays or othertemporary absences from NorthLanarkshire of any child looked after by theCouncil.

Chief Accountable Officer Health andSocial Care

Head of Children, Families and JusticeSocial Work Services/Chief Social WorkOfficerHealth and Social Work ManagersLocality Social Work ManagersService Managers, Children and FamiliesHead of Adult Social Work ServicesManager, Children and Families

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4. To carry out the functions of the Council interms of Section 143 of the Children'sHearings (Scotland) Act 2011 whichoutlines the responsibility of the Council totransfer a child subject to a supervisionrequirement in cases of necessity.

5. To carry out the relevant functions of theCouncil in relation to the adoption ofchildren in terms of the Children (Scotland)Act 1995 (excluding those functionsprescribed by sections 20, 21, 24A, 26Aand 27,, Part 3 of the Children and YoungPeople (Scotland) Act 2014), the Adoptionand Children (Scotland) Act 2007 and theChildren's Act 1975 (excluding thosefunctions prescribed by sections 34, 39, 40and 50) and the Adoption and Children(Scotland) Act 2007 (excluding thosefunctions prescribed by sections 1, 5, 6, 9,10, 11, 12, 19, 26, 45, 47, 48, 49, 51, 71,80, 90, 99, 101 and 105) and associatedregulations.

6. Following the appointment by the Councilof an Adoption, Fostering and FamilyPlacement Panel in terms of regulation 7(1)of the Adoption Agencies (Scotland)Regulations 1996, and regulation 3(1) ofthe Adoption Agencies (Scotland)Regulations 2009 to carry out theremaining functions of the Council as localauthority under the regulations.

7. To consider and determinerecommendations by the Adoption,Fostering and Family Placement Panel forassistance with legal fees (up to an amountconsidered reasonable by the Head ofBusiness for Legal and DemocraticSolutions).

8. To consider and determinerecommendations by the Adoption,Fostering and Placement Panel in terms ofthe Adoption Support Services andAllowances (Scotland) Regulations 2009for assistance in terms of post adoptionsupport either in kind or financial support.

Chief Social Work Officer/Head ofChildren, Families and Justice SocialWork ServicesHead of Adult Social Work ServicesManager, Children and Families

Chief Social Work Officer/Head ofChildren, Families and Justice SocialWork ServicesHead of Adult Social Work ServicesManager, Children and FamiliesService Managers, Children and FamiliesLocality Social Work Managers, Children,Families and Justice

Chief Social Work Officer/Head ofChildren, Families and Justice SocialWork ServicesHead of Adult Social Work Services


Chief Social Work Officer/Head of AdultSocial Work Services

Manager, Children and FamiliesService Managers, Children and Families

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9. To exercise the powers conferred on theCouncil by the Curators ad litem andReporting Officers (Panels) (Scotland)Regulations 2001 with regard to theappointment of persons to Panels ofCurators ad and Reporting Officers forthe purposes of Section 108 of theAdoption and Children (Scotland) Act 2007.

10. Following the appointment by the Councilof a Adoption, Fostering and FamilyPlacement Panel in terms of regulation 3(1)of the Adoption Agencies (Scotland)Regulations 2009 and regulation 17(1) ofthe Looked after Children (Scotland)Regulations 2009 to carry out theremaining functions of the Council as localauthority under those regulations.

11. After consultation with the Convener andVice−Convener, to authorise payment tofoster carers or other carers of childrenlooked after by the Council, in terms ofSection 26 of the Children (Scotland) Act1995, of special fostering, allowances, up toa maximum of double the ordinaryallowance or such other maximum as isagreed by Committee, considerednecessary to avoid hardship to a family infinancing the construction of additionalaccommodation required to provide for thefoster or other children concerned andsubject to the Head of Children Familiesand Justice Social Work Services reportingto the Committee as soon as possiblethereafter the amount of the specialallowance so authorised.

12. To consider and determinerecommendations by the Adoption,Fostering and Family Placement Panel andFoster Carer Review Panels in terms ofparagraphs 25 of the Looked After Children(Scotland) Regulations 2009 andparagraph 10 of the Adoption Agencies(Scotland) Regulations 2009 to revieworiginal decisions made in connection withfostering and adoption matters.





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13. To implement MAPPA Guidance inassessing and managing risks posed bycertain offenders and to jointly establisharrangements for the assessment andmanagement of the risks posed by anyperson who, under Part 2 of the SexualOffences Act 2003 has been:

(a) convicted on indictment of anoffence inferring personal violenceand is subject to a supervisedrelease order

(b) released from imprisonment ordetention or under supervision by anorder or licence

(c) acquitted of an offence inferringpersonal violence on the ground ofinsanity and is subject of arestriction order made in respect ofdischarge orders

(d) prosecuted on indictment for suchan offence but found to be insane

(e) considered by the responsibleauthorities to be a person who maycause serious harm to the public atlarge

14. To work with the responsible authoritiesand draw up a memorandum setting outarrangements to co−operate with eachother and ensure such arrangements areestablished, implemented and reviewedand that persons subject to sucharrangements are appropriately monitored

Chief Social Work Officer/Head ofChildren, Families and Justice SocialWork ServicesHead of Adult Social Work ServicesManager, JusticeService Managers, JusticeLocality Social Work Managers, Children,Families and Justice

Head of Children, Families and JusticeSocial Work Services/Chief Social WorkOfficer

Head of Adult Social Work ServicesManager, JusticeService Manager, JusticeLocality Social Work Managers, Children,Families and Justice

15. To carry out the functions of the Council interms of the following Sections of the Adultwith Incapacity (Scotland) Act 2000.

Chief Social Work Officer/Head ofChildren, Families and Justice SocialWork ServicesHead of Adult Social Work ServicesManager, Adults (Frailty and Long TermConditions)

Locality Social Work Managers,Community Care


(a) Under Part 3 − Access to Funds −where it becomes known that anadult whose capacity is impaired,where concerns exist about theirability to manage their financialaffairs and there is no otherappropriate person(s) willing or ableto do this on their behalf or to giveconsideration to using the access tofunds scheme. Once it is clear thatintervention is appropriate Access toFunds Case Conference should beconvened. Final decisions will bemade by the Locality Social WorkManager on behalf of the Council.

(b) Under Part 3 − To seek thatTreasury managers issue bankmandates which will enable thecouncil to open and manage"designated accounts" in the nameof North Lanarkshire Council infavour of an adult who is unable tomanage their own financial affairs.

Chief Social Work Officer/Head ofChildren, Families and Justice SocialWork ServicesHead of Adult Social Work ServicesManager, AdultsLocality Social Work Managers,Community Care

(C) Under Part 6 − To apply for anIntervention or Guardianship orderwhere no other person has, or islikely to apply, in order to safeguardthe adult's personal welfare orfinancial affairs.

16. To carry out the functions of the Council interms of the Adult Support and Protection(Scotland) Act 2007.

(a) Section 51(1)—to act on directionsfrom Scottish Ministers on who willact as Council Officers under theAct.

Chief Social Work Officer/Head ofChildren, Families and Justice SocialWork ServicesHead of Adult Social Work ServicesManager, Adults (Frailty and Long TermConditions)Locality Social Work Managers,Community Care

Chief Social Work Officer/Head ofChildren, Families and Justice SocialWork ServicesHead of Adult Social Work ServicesManager, Adults (Frailty and Long TermConditions)

Locality Social Work ManagersCommunity Care

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(b) To carry out the functions of theCouncil in terms of the AdultSupport and Protection (Scotland)Act 2007 and the related Code ofPractice (excluding those functionsprescribed by sections 5−10 16, 40,42 and 43).

17. To appoint Mental Health Officers in termsof the Mental Health (Care and Treatment)(Scotland) Act 2003 and to carry out thefunctions of the Council under the MentalHealth (Care and Treatment) (Scotland) Act2003 (excluding those functions prescribedunder and in terms of sections 17, 25−27(except in so far as they are exercisable inrelation to housing support services), 33,34, 228 and 259).


18. To carry out the functions of the Councilunder the Disabled Persons (Badges forMotor Vehicles) Regulations 1982 andsubsequent legislation

19. To accept or reject applications forinstallation of telephones for disabledpeople based on approved criteria andavailability of finance.

20. To continue to assist persons who areunable to meet the costs of their residentialcare until they sell a house by paying theiraccounts on an interim basis and to recoverthe monies so expended after the house issold.

Chief Accountable Officer, Health andSocial CareHead of Children, Families and JusticeSocial Work Services/Chief Social WorkOfficerHead of Adult Social Work ServicesHead of HealthHealth and Social Work ManagersManagers, Adult ServicesLocality Social Work Managers,Community Care




21. To enter into agreements with other localauthorities in respect of Social Workservices used by more than one localauthority.

22. To delegate to such officers of the Councilas are registered Social Workers, as shemay determine, for such times and duringsuch periods, as she may determine, powerto discharge the responsibilities of the ChiefSocial Work Officer.

23. To authorise, approve, and executecontracts on behalf of the Council up, to anannual value of El 00k for delivery of 'Socialand Other Specific Services' contracts interms of the Public Contracts (Scotland)Regulations 2015

24. To authorise, approve, and execute onbehalf of the Council 'Social and OtherSpecific Services' contracts in terms of thePublic Contracts (Scotland) Regulations2015 up to an annual value of £50k.

25. To authorise or approve and execute onbehalf of the Council individual supportagreements with individual service users upto an annual value of £lOOk.

Chief Accountable Officer, Health andSocial Care


Chief Social Work Officer/Head ofChildren, Families and Justice SocialWork Services

Chief Accountable Officer, Health andSocial CareChief Social Work Officer/Head ofChildren, Families and Justice SocialWork ServicesHead of Adult Social Work Services


Chief Social Work Officer/Head ofChildren, Families and Justice SocialWork ServicesHead of Adult Social Work ServicesManager, Quality Assurance andCommissioning



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DELEGATED POWERS: CHILDREN, FAMILIES AND JUSTICE SOCIAL WORK SERVICES

To carry out the functions of the Council interms of the relevant sections of the SocialWork (Scotland) Act 1968 under which theCouncil is required to promote SocialWelfare by making available advice,guidance and assistance on such a scaleas may be appropriate for its area:

Chief Accountable OfficerChief Social Work Officer/Head ofChildren, Families and Justice SocialWork ServicesHead of Adult Social Work ServicesHealth and Social Work ManagersLocality Social Work Managers, ChildrenFamilies and Justice

Manager, Children and FamiliesService Managers, Children and Families

(a) To make loans or grants inaccordance with Notes of Guidanceapproved by the Council up to a limitof £1,000 in any one month inrespect of any one family or child

(b) To give any other appropriateassistance, including provision forthe storage of furniture in cases ofemergency

in calculating the amount given or lent forthe purposes of this provision, accountshould be taken of any additional paymentmade in terms of Section 12 otherwiseauthorised.

2. To approve grants to voluntaryorganisations of up to £5,000 provided thatthe application is not in excess of £5,000(excluding any grants made under and interms of Section 10 of the Social Work(Scotland) Act 1968 (so far as it isexercisable in relation to anotherintegration function).

Chief Accountable OfficerChief Social Work Officer/Head ofChildren, Families and Justice SocialWork ServicesHead of Adult Social Work Services

3. To authorise payment, up to a maximum of£1,000, toward the cost of arranging orassisting in arranging holidays or othertemporary absences from NorthLanarkshire of any child looked after by theCouncil.

4. To carry out the functions of Council interms of the Social Work (Scotland) Act1968.

Chief Accountable OfficerChief Social Work Officer/Head ofChildren, Families and Justice SocialWork ServicesHead of Adult Social Work ServicesManager, Children and FamiliesHealth and Social Work Managers


5. To carry out the functions of the Council interms of Section 143 of the Children'sHearings (Scotland) Act 2011 whichoutlines the responsibility of the Council totransfer a child subject to a supervisionrequirement in cases of necessity.

6. To carry out the relevant functions of theCouncil in relation to the adoption ofchildren in terms of the Children (Scotland)Act 1995 (excluding those functionsprescribed by sections 19, 20, 21, 24A,26A and 27), the Adoption (Scotland) Act1978 and the Children's Act 1975(excluding those functions prescribed bysections 34, 39, 40 and 50) and theAdoption and Children (Scotland) Act 2007(excluding those functions prescribed bysections 1,4,5,6, 9, 10, 11, 12, 19, 26,45, 47, 48, 49, 51, 71, 80, 90, 99, 101 and105) and associated Adoption Agencies(Scotland) Regulations 2009.

7. Following the appointment by the Councilof an Adoption, Fostering and FamilyPlacement Panel in terms ofparagraph 7(1) of the Adoption Agencies(Scotland) Regulations 1996, andparagraph 3(1)the Adoption Agencies(Scotland) Regulations 2009 to carry outthe remaining functions of the Council aslocal authority under the regulations.

8. To consider and determinerecommendations by the Adoption,Fostering and Family Placement Panel forassistance with legal fees (up to an amountconsidered reasonable by the Head ofBusiness for Legal and DemocraticSolutions).

9. To consider and determinerecommendations by the Adoption,Fostering and Placement Panel in terms ofthe Adoption Support Services andAllowances (Scotland) Regulations 2009for assistance in terms of post adoptionsupport either in kind or financial support.


Chief Social Work Officer/Head ofChildren, Families and Justice SocialWork ServicesHead of Adult Social Work ServicesManager, Children and FamiliesService Managers, Children and FamiliesLocality Social Work Managers, Children,Families and Justice

Chief Social Work Officer/Head ofChildren, Families and Justice Social

Work ServicesHead of Adult Social Work Services


Chief Social Work Officer/Head ofChildren Families and Justice SocialWork ServicesHead of Adult Social Work ServicesManager, Children and FamiliesService Managers, Children and Families


10. To exercise the powers conferred on theCouncil by the Curators ad litem andReporting Officers (Panels) (Scotland)Regulations 2001 with regard to theappointment of persons to Panels ofCurators ad htem and Reporting Officers forthe purposes of Section 108 of theAdoption and Children (Scotland) Act 2007.

11. Following the appointment by the Councilof a Adoption, Fostering and FamilyPlacement Panel in terms ofparagraphs 3(1) of the Adoption Agencies(Scotland) Regulations 2009 andparagraph 17(1) of the Looked afterChildren (Scotland) Regulations 2009 tocarry out the remaining functions of theCouncil as local authority under thoseregulations.

12. After consultation with the Convener andVice−Convener, to authorise payment tofoster carers or other carers of childrenlooked after by the Council, in terms ofSection 26 of the Children (Scotland) Act1995, of special fostering allowances, up toa maximum of double the ordinaryallowance or such other maximum as isagreed by Committee, considerednecessary to avoid hardship to a family infinancing the construction of additionalaccommodation required to provide for thefoster or other children concerned andsubject to the Head of Children Familiesand Justice Social Work Services reportingto the Committee as soon as possiblethereafter the amount of the specialallowance so authorised.

13. To consider and determinerecommendations by the Adoption,Fostering and Family Placement Panel andFoster Carer Review Panels in terms ofparagraphs 25 of the Looked After Children(Scotland) Regulations 2009 andparagraph 10 of the Adoption Agencies(Scotland) Regulations 2009 to revieworiginal decisions made in connection withfostering and adoption matters.





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14. To implement MAPPA Guidance inassessing and managing risks posed bycertain offenders and to jointly establisharrangements for the assessment andmanagement of the risks posed by anyperson who, under Part 2 of the SexualOffences Act 2003 has been:

(a) convicted on indictment of anoffence inferring personal violenceand is subject to a probation order

(b) released from imprisonment ordetention or under supervision by anorder or licence

(c) acquitted of an offence inferringpersonal violence on the ground ofinsanity and is subject of arestriction order made in respect ofdischarge orders

(d) prosecuted on indictment for suchan offence but found to be insane

(e) considered by the responsibleauthorities to be a person who maycause serious harm to the public atlarge

15. To work with the responsible authoritiesand draw up a memorandum setting outarrangements to co−operate with eachother and ensure such arrangements areestablished, implemented and reviewedand that persons subject to sucharrangements are appropriately monitored

Chief Social Work Officer/Head ofChildren Families and Justice SocialWork ServicesHead of Adult Social Work ServicesManager, JusticeService Managers, JusticeLocality Social Work Managers, Children,Families and Justice

Chief Social Work Officer/Head ofChildren, Families and Justice SocialWork ServicesHead of Adult Social Work ServicesManager, JusticeService Manager, JusticeLocality Social Work Managers, Children,Families and Justice

16. To carry out the functions of the Council interms of the following Sections of the Adultwith Incapacity (Scotland) Act 2000.

Chief Social Work Officer/Head ofChildren, Families and Justice SocialWork Services.Head of Adult Social Work ServicesManager, Adults (Frailty and Long TermConditions)

Locality Social Work Managers,Community Care

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(a) Under Part 3 − Access to Funds −where it becomes known that anadult whose capacity is impaired,where concerns exist about theirability to manage their financialaffairs and there is no otherappropriate person(s) willing or ableto do this on their behalf or to giveconsideration to using the access tofunds scheme. Once it is clear thatintervention is appropriate Access toFunds Case Conference should beconvened. Final decisions will bemade by the Locality Social WorkManager on behalf of the Council.

(b) Under Part 3 − To seek thatTreasury managers issue bankmandates which will enable thecouncil to open and manage"designated accounts" in the nameof North Lanarkshire Council infavour of an adult who is unable tomanage their own financial affairs.

Chief Social Work Officer/Head ofChildren, Families and Justice SocialWork ServicesHead of Adult Social Work ServicesManager, Adults (Frailty and Long TermConditions)Locality Social Work Manager, CommunityCare

(C) Under Part 6 − To apply for anIntervention or Guardianship orderwhere no other person has, or islikely to apply, in order to safeguardthe adult's personal welfare orfinancial affairs.

17. To carry out the functions of the Council interms of the Adult Support and Protection(Scotland) Act 2007.

(a) Section 51 (1) − to act on directionsfrom Scottish Ministers on who willact as Council Officers under theAct.

Chief Social Work Officer/Head ofChildren, Families and Justice SocialWork ServicesHead of Adult Social Work ServicesManager, Adults (Frailty and Long TermConditions)Locality Social Work Manager, CommunityCare

Chief Social Work Officer/Head ofChildren, Families and Justice SocialWork ServicesHead of Adult Social Work ServicesManager, Adults (Frailty and Long TermConditions)Locality Social Work Managers,Community Care


(b) To carry out the functions of theCouncil in terms of the AdultSupport and Protection (Scotland)Act 2007 and the related Code ofPractice (excluding those functionsprescribed by sections 5−10 16, 40,42 and 43).

18. To appoint Mental Health Officers in termsof the Mental Health (Care and Treatment)(Scotland) Act 2003 and to carry out thefunctions of the Council under the MentalHealth (Care and Treatment) (Scotland) Act2003 (excluding those functions prescribedunder and in terms of sections 17, 25−27(except in so far as they are exercisable inrelation to housing support services), 33,34, 228 and 259).


19. To carry out the functions of the Councilunder the Disabled Persons (Badges forMotor Vehicles) Regulations 1982 andsubsequent legislation.

20. To accept or reject applications forinstallation of telephones for disabledpeople based on approved criteria andavailability of finance.

21. To continue to assist persons who areunable to meet the costs of their residentialcare until they sell a house by paying theiraccounts on an interim basis and to recoverthe monies so expended after the house issold.

22. To enter into agreements with other localauthorities in respect of Social Workservices used by more than one localauthority.

Chief Accountable OfficerChief Social Work Officer/Head ofChildren, Families and Justice SocialWork ServicesHead of Adult Social Work ServicesHead of HealthManagers, Adult ServicesHealth and Social Work ManagersLocality Social Work Managers

Chief Accountable OfficerChief Social Work Officer/Head ofChildren, Families and Justice SocialWork ServicesHead of Adult Social Work ServicesHead of HealthManagers, Adult ServicesHealth and Social Work ManagersLocality Social Work Managers

Chief Accountable OfficerChief Social Work Officer/Head ofChildren, Families and Justice SocialWork ServicesHead of Adult Social Work ServicesHead of HealthManagers Adult ServicesHealth and Social Work ManagersLocality Social Work Managers


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23. To delegate to such officers of the Councilas are registered Social Workers, as shemay determine, for such times and duringsuch periods, as she may determine, powerto discharge the responsibilities of the ChiefSocial Work Officer.

24. To authorise, approve, and executecontracts on behalf of the Council up, to anannual value of El 00k for delivery of 'Socialand Other Specific Services' contracts interms of the Public Contracts (Scotland)Regulations 2015.

25. To authorise, approve, and execute onbehalf of the Council 'Social and OtherSpecific Services' contracts in terms of thePublic Contracts (Scotland) Regulations2015 up to an annual value of £50k.

26. To authorise or approve and execute onbehalf of the Council individual supportagreements with individual service users upto an annual value of £lOOk.

Chief Social Work Officer


Chief Accountable OfficerChief Social Work Officer/Head ofChildren, Families and Justice SocialWork ServicesHead of Adult Social Work ServicesManager, Quality Assurance andCommissioning



INFRASTRUCTURE

DELEGATED POWERS: ASSET AND PROCUREMENT SOLUTIONS

To act as and to appoint authorised officersor consultants for the purposes of Section 11of the Safety of Sports Grounds Act 1975Part 3 of the Fire (Scotland) Act 2005 whomay enter a sports ground at any reasonabletime, make an inspection and enquiriesrelating to the stadium as considerednecessary for the purposes of those Actsand examine records of attendance at theground and records relating to themaintenance of safety at the ground.

Assistant Chief Executive (Infrastructure)Head of Legal and Democratic SolutionsHead of Asset and Procurement Solutions

2. In respect of all projects in which Asset andProcurement Solutions provide professionaladvice services to the Council, to dischargethe full responsibilities of the Council interms of the Construction (Design andManagement) Regulations 2015 as client.

3. To accept invitations from all legal externalsources to carry out construction−relateddesign and construction projects wherelegislation permits.

Assistant Chief Executive (Infrastructure)Head of Asset and Procurement Solutions



(a) In relation to the nomination ofsubcontractors for the execution ofworks or for the supply of materials,to invite tenders from not less thanthree persons considered competentfor the purpose or, with the approvalof the relevant Committee, from lessthan three persons

Assistant Chief Executive (Infrastructure)Head of Asset and Procurement SolutionsProperty Manager (Technical and Design)Property Manager (Assets and Estates)Procurement and Support Manager

(b) In relation to the nomination ofsubcontractors, to nominate thetenderer providing best value inaccordance with the contractselection/award criteria assubcontractor unless the relevantCommittee authorises otherwise

(c) To request records in relation to acontract which may be held by aconsultant engaged by the Council ona particular project


Assistant Chief Executive (Infrastructure)Head of Asset and Procurement SolutionsProperty Manager (Technical and Design)Property Manager (Assets and Estates)Procurement and Support ManagerCategory Managers

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(d) In relation to the public noticesregarding tenders for contracts, toselect in which newspaper and tradejournals, if any, such public noticesare to be inserted

(e) To accept tenders for the executionof works up to the financial thresholdsset out in General Contract StandingOrders

(f) To accept tenders for the supply ofgoods or provision of services up tothe financial thresholds set out inGeneral Contract Standing Orders

(g) To contact a tenderer in respect ofany contract in cases where suchcontact may be necessary to validateor clarify the terms of the tender or toeffect any necessary adjustmentssubject to a full written record beingkept of such contacts and retainedwith the original tender

(h) To ensure, in accordance with theConstruction, Design andManagement Regulations 2015,where works are being undertaken byAsset and Procurement Solutionsthat a competent contractor isappointed

(i) To take such measures as may benecessary in emergency situations,subject to advising the relevantCommittee as soon as possiblethereafter on any item for whichCommittee approval would normallybe necessary, including any contractfor the execution of works which areurgently required for the prevention ofdamage to life or property

U) To prepare specifications, conditionsof contract, bills of quantity ordescriptions of work and to undertakefull contract administration on behalfof the employer for all constructionrelated contracts either of revenue orof capital nature in excess of £5,000including submission of buildingwarrant and planning applications




Assistant Chief Executive (Infrastructure)Head of Asset and Procurement SolutionsProperty Manager (Technical and Design)Property Manager (Assets and Estates)Procurement and Support ManagerGroup ManagerQuantity SurveyorCategory Manager



Assistant Chief Executive (Infrastructure)Head of Asset and Procurement SolutionsProperty Manager (Technical and Design)Group Manager (Design)Property Manager (Assets and Estates)

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(k) To agree on behalf of the Council theassessments for rating purposes inaccordance with statutoryrequirements

(I) To sign on behalf of the Council thevaluation certificates for assetvaluations in accordance withfinancial regulations

5. To be the legally responsible named licenceholder in respect to works affecting bats andother species as required by theConservation (Natural Habitats, &c.)Regulations 1994 (as amended)

6. Following consultation with the localMembers, to deal with requests for the useof parks and open spaces for the purposesof galas, wreath laying, events, travellingshow−grounds, circus sites and other similarpurposes.

7

8.

9

10

To consider and on behalf of the Council todecline to exercise right of pre−emptionavailable to the Council.

To lease commercial or industrial premisesfor an initial period not exceeding ten years

To take leases of property for an initialperiod not exceeding ten years

To sell small areas of land for incorporationwithin garden areas.

11. To deal with general estates managementmatters, including rent reviews, assignationsand renewal of leases, in accordance withthe Council policies/practice as from time totime approved by the Council.

12. To grant temporary lets to charitable orfairground operators or for use of industrialcompounds, to grant or take wayleaves, togrant or take servitudes and to grant or takelicences to occupy land and other similartemporary rights, all in accordance with theCouncil policies/practice as from time to timeapproved by the Council.

13. To declare land and property surplus to theCouncil's requirements.

Assistant Chief Executive (Infrastructure)Head of Asset and Procurement SolutionsProperty Manager (Asset and Estates)

Assistant Chief Executive (Infrastructure)Head of Asset and Procurement SolutionsProperty Manager (Assets and Estates)










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14. To negotiate and grant access to Councilland to statutory undertakers; and processproperty transactions for financialconsideration up to £150,000. This willinclude the purchase of residential propertiesfor the Council's Empty Homes and OpenMarket Purchase Schemes.


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DELEGATED POWERS: ENVIRONMENTAL ASSETS


(a)

(b)


Section 50D − Compilation of lists ofbackground papers anddetermination of background papersin respect of any report submitted tothe Council or any Committee orSub−Committee of the Council by anofficer from Infrastructure

Assistant Chief Executive (Infrastructure)Head of Environmental Assets

Section 193 − Signature on behalf ofthe authority of notices, orders orother documents which the Councilhas delegated, to the Assistant ChiefExecutive (Infrastructure), authority toissue

Assistant Chief Executive (Infrastructure)1−lead of Environmental Assets

Roads (Scotland) Act 1984

Section 96(1) − Issue of Certificate ofExtraordinary Expense incurred inmaintaining a road

2. Construction (Design and Management)Regulations 1994 (revised 2015) asfollows:−(a)

(b)


to appoint a Principal Designer and/orDesigner, Principal Contractor and/orContractor;


Assistant Chief Executive (Infrastructure)Head of Environmental AssetsBusiness Managers, Roads andTransportation

Assistant Business Managers, Roads andTransportation

(c) in the case of contracts where thecouncil is appointed as PrincipalDesigner and/or Designer, PrincipalContractor and/or Contractor, to carryout the duties appropriate to eachsuch appointment

(d) in the case of contracts where theCouncil acts as agents for theScottish Government or otherexternal agencies, to consent to theCouncil being appointed as the clientagent.

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3. To accept invitations from all legal externalsources to carry out construction−relateddesign and construction projects.


(e) To take such measures as may benecessary in emergency situations,subject to advising the relevantCommittee as soon as possiblethereafter on any item for whichCommittee approval would normallybe necessary, including any contractfor the execution of works which areurgently required for the prevention ofdamage to life or property.

(f) In relation to the public noticesregarding tenders for contracts, toselect in which paper and tradejournal such notices are to beinserted

(g) To contact a tenderer in respect ofany contract in cases where suchcontact may be necessary to validateor clarify the terms of the tender or toeffect any necessary adjustmentssubject to a full written record beingkept of such contacts and retainedwith the original tender.

(h) In relation to the nomination ofsubcontractors for the execution ofworks or for the supply of materials,to invite tenders from not less thanfive persons considered competentfor the purpose or, with the approvalof the relevant Committee, from lessthan four persons.

(i) In relation to the nomination ofsubcontractors, to nominate thelowest tenderer as subcontractorunless the relevant Committeeauthorises the nomination of a highertenderer.

(j) To request records in relation to acontract which may be held by aconsultant engaged by the Council ona particular project.




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(k) Before a tender which has beenobtained is accepted, to investigatethe technical capability for safelyexecuting the work of the tenderer tobe accepted.

(I) To accept tenders for the executionof works up to the financial thresholdsset out in General Contract StandingOrders

(m) To accept tenders for the supply ofgoods up to the financial thresholdsset out in General Contract StandingOrders

(n) As and when required to appointconsultants from Construction line

5. To carry out the following functions of theCouncil in terms of the Roads (Scotland) Act1984

(a) Under Section 13 in relation to theimposition on frontagers of therequirement to make up and maintainprivate roads including the service ofappropriate notices


(b) Under Section 16(1) (b) in relation tothe consideration and determinationof applications for the adoption ofprivate roads

(c) Under Sections 36 and 37, in relationto the construction of road humps,after consultation with the ChiefConstable and the Head of Businessfor Legal and Democratic Solutionsand after informing the Convener, theVice−Convener and the localMembers

(d) Under Section 62, in relation to thetemporary prohibition or restriction oftraffic on roads for reasons of publicsafety or convenience, afterconsultation with the Chief Constableand the Head of Business for Legaland Democratic Solutions and afterinforming the local Members





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6. To carry out the functions of the Council interms of Section 23 of the Road TrafficRegulation Act 1984 in relation to pedestriancrossings

7. To sign approval in principle forms anddesign check certificates for roads relatedstructures on behalf of the Council asTechnical Approval Authority and whensubmitting similar documents to an externalTechnical Approval Authority, in accordancewith requirements of specific forms andcertificates.

8. After consultation with the Chief Constableand the Head of Business for Legal andDemocratic Solutions, and after informingthe Convener, the Vice−Convener and thelocal Members, to arrange for theadvertisement of any proposals for themaking, revocation or variation of Ordersand Schemesunder:−(a)

the Road Traffic Regulation Act 1984,and

(b) Sections 68, 69, 70 and 71 of theRoads (Scotland) Act 1984

9. To carry out the functions of the Joint RoadSafety Officer in conjunction with the ChiefConstable


Assistant Chief Executive (Infrastructure)Head of Environmental AssetsBusiness Managers, Roads andTransportationAssistant Business Managers, Roads andTransportationSenior Engineer/OfficerSignatory must be a Chartered Engineerand be a corporate Member of either ICEor IstructE





10. To carry out the following functions of theCouncil in terms of the Roads (Scotland) Act1984:−(a)

to exercise the functions of theCouncil under Section 12 in relationto the Stopping Up or Diversion ofroads crossing or entering routes ofproposed new roads, and

(b) to exercise the functions of theCouncil under Section 152(2) tore−determine the means of exerciseof a public right of passage over aroad


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11. To make arrangements for the managementof car parks etc. including granting the use ofparts thereof to other persons or bodies and,following consultation with the Head ofBusiness for Financial Solutions, theimposition or waiving of charges for such use

12. After consultation with the Head of Businessfor Legal and Democratic Solutions to agreeterms for Bridge Agreements, with NetworkRail Infrastructure Limited, or their legalsuccessors, and terms of discharge of theCouncil's liability for annual maintenanceand renewal charges in that connection

13. After consultation with the Chief Constable,to consider and, where acceptable in roadsafety terms, to approve locations foradvertisements on road safety barriers andsimilar structures



Assistant Chief Executive (Infrastructure)Head of Environmental AssetsBusiness Managers, Roads andTransportationAssistant Business Managers, Roads andTransportation


Under Section 79 and, after consultation withthe Head of Business for Legal andDemocratic Solutions, to negotiate terms andenter into agreements with bridge owners inrelation to future maintenance obligations



(a) Under Section 15 in relation to thecompletion of necessary works onprivate roads occasioned by anemergency (other than an emergencyconstituted by a danger as defined inSection 91)


Assistant Business Managers, Roads andTransportationSenior Engineers/Officers

(b) Under Section 18 in relation to theadoption of footpaths associated withdevelopment



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(c) Under Section 21 in relation toapplications for construction consent

(d) Under Section 23 in relation toStopping Up or temporarily closingany new road constructed withoutconsent or in contravention of or innon−compliance with a conditionimposed by a construction consent

(e) Under Section 35(1) and (4) and aftergiving notice in terms of Section 35(5)in relation to the provision of roadlighting and related structures

(f) Under Section 51 in relation to theauthorisation and withdrawal ofauthorisation for the planting andmaintenance of trees, shrubs, grassor other plants within a public road

(g) Under Section 56 in relation to theauthorisation of works andexcavations in or under a public road

(h) Under Section 57 in relation to theprevention or termination ofdangerous works or excavations in orunder a public road

(I) Under Section 58 in relation to thegranting of permission for the depositof building materials on roads















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(j) Under Section 59 in relation to thecontrol of obstruction in roads

(k) Under Section 60 in relation to theissuing of consent for marking,lighting and fencing obstructions onroadworks and for shoring buildingsrequiring protection in similarcircumstances

(I) Under Section 61 in relation togranting permission to place andthereafter maintain apparatus in orunder a public road

(m) Under Section 63 in relation to theimposition of the requirement toconstruct new accesses across roadverges or footways where appropriate

(n) Under Section 64(2) in relation to theissue of consent to statutoryundertakers for work on footways,footpaths or cycle tracks inconnection with their apparatus interms of Section 64(1) (b)

(o) Under Section 66 in relation toenforcing maintenance of vaults,cellars and related structures withinthe vicinity of a road

(p) Under Section 67 in relation toenforcing safety provisionscountering outward opening doors,gates, windows, window shutters orbars interfering with the safety orconvenience of road users















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(q) Under Section 83 in relation to theprevention of sight obstructions in theview of road users

(r) Under Section 85 in relation togranting permission for the location ofbuilders' skips on roads

(s) Under Section 86 in relation to theremoval or repositioning of anybuilders' skip which is causing, or islikely to cause, a danger orobstruction

(t) Under Section 87 in relation to theremoval from roads of unauthorisedstructures and consequentreinstatement of the site

(u) Under Section 88 in relation to theremoval of projections interfering withsafe or convenient passage along aroad

(v) Under Section 89 in relation to theremoval of accidental obstructionsfrom roads

(w) Under Section 90 in relation to thegranting of consent for fixing orplacing over or across a road anyoverhead bridge, beam, rail, pipe,cable, wire or other similar apparatus













Assistant Chief Executive (Infrastructure)Head of Environmental AssetsBusiness Managers, Roads andTransportationAssistant Business Managers, Roads andTransportation

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(x) Under Section 91 in relation to theprevention of danger by the removalof roadside vegetation

(y) Under Section 92 in relation togranting consent for planting trees orshrubs within five metres of the edgeof the made up carriageway

(z) Under Section 93 in relation to theprotection of road users from dangersnear a road

(aa) Under Section 94 in relation to theinfill of a dangerous ditch adjacent toor lying near a road

(bb) Under Section 96(1) in relation to theissue of a certificate in respect ofextraordinary expenses in repairingroads damaged by heavy vehiclesetc.

(cc) Under Section 97 in relation to theissue of consent for trading

(dd) Under Section 99(2) in relation to theissue of consents to personsundertaking works or excavationsnecessary to ensure compliance withSection 99(1)















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(ee) Under Section 99(3) in relation to theservice of notices on owners oroccupiers requiring works orexcavations to be undertaken toensure compliance with Section 99(1)



16. To carry out the following functions of theCouncil in terms of the Road TrafficRegulation Act 1984:−S

(a) Under Section 14 in relation to thetemporary prohibition or restriction oftraffic on roads


Assistant Business Managers, Roads andTransportationSenior Engineers! Officers

(b) Under Section 65 in relation to theplacing of traffic signs

(c) Under Section 68 in relation to theplacing of traffic signs in connectionwith the exercise of other powers ofthe authority as defined insub−section 1 thereof

(d) Under Section 69 in relation to theremoval of unauthorised signs

(e) Under Section 71 (1) in relation to thepower to enter land in connectionwith the placing of traffic signs



Assistant Chief Executive (Infrastructure)Head of Environmental AssetsBusiness Managers, Roads andTransportationAssistant Business Managers, Roads andTransportationSenior Engineers/Officers





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17. To carry out the following functions of theCouncil in terms of the New Roads andStreet Works Act1991:−(a)

Under Section 109 in relation topermission to execute roadworks


Assistant Business Managers, Roads andTransportationSenior Engineers! Officers

(b)

(c)

(d)

(e)

(f)

Under Section 110 in relation to theprohibition of unauthorised roadworks

Under Section 115 in relation todirections as to the timing of works

Under Section 124 in relation tosafety measures at roadworks

Under Section 125 in relation toavoidance of unnecessary delay orobstruction

Under Section 131 in relation topowers of roadworks authority inrelation to reinstatement











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(g) Under Section 135 in relation toliability for cost of temporary TrafficRegulation Orders made underSection 14 of the Road TrafficRegulation Act 1984

(h) Under Section 136 in relation toliability for cost of alternative route

(i) Under Section 140 in relation to dutyto maintain apparatus

(j) Under Section 149 in relation toprovisions as to reinstatement ofsewers, drains or tunnels

18. Under Section 19(5) of the Civic Government(Scotland) Act 1982, after consultation withthe local Members, approval of proposals fortaxi stances

19. After consultation with the local Members, tomake grants to householders for the purposeof making good fabric and decoration(excluding curtains) in houses affected bythe Council under the Noise Insulation(Scotland) Regulations 1975 at the rates andon the conditions which may be prescribedfrom time to time by the Council













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20. To carry out the following functions of theCouncil in terms of the Roads (Scotland) Act1984:−(a)

Under Section 30 in relation to theservice of notices subject toSection 31(3) in connection withcarrying out works for protectingroads against hazards of nature



(b) Under Section 31(3) in relation to theservice of notices in connection withthe drainage of public roads

(c) Under Section 78(2) in relation to theservice of notice prior to the diversionof waters, where necessary, inconnection with the construction,improvement or protection of a publicroad

(d) Under Section 140 in relation to theauthorisation of persons specifiedtherein

21. To carry out the functions of the Councilunder Section 12 of the Goods Vehicles(Licensing of Operators) Act 1995 to raise anobjection to an application for a GoodsVehicle Operator's Licence

22. To enter into agreements on suitable termswith college Boards of Management inrespect of the provision by the Council ofgoods and services which are permitted bythe Local Authorities (Goods and Services)Act 1970. The permitted agreements relateto thefollowing:−(a)

The supply by the Council to thecollege of any goods or materials;

(b) The provision of any administrative,professional or technical services;










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(c) The use by the college of any vehicle,plant or apparatus belonging to theCouncil together with the services ofany person employed in connectionwith the vehicle or other property, and

(d) The carrying out of works ofmaintenance of the land or buildingsfor which the Board of Managementis responsible

23. To act as Engineer, to be responsible for theappointment of an Engineer's representative,and to be responsible for the control ofcontracts under the Institution of CivilEngineers Conditions of Contract with theexception of exercise of the Employer'spowers.

Head of Environmental AssetsBusiness Managers, Roads andTransportation

24. To act as Project Manager, to be responsiblefor the appointment of a Supervisor and tobe responsible for control of contracts underthe NEC Engineering and ConstructionConditions of Contract with the exception ofexercise of Employer's powers and of power,under Clause 14.2 of those Conditions, tofurther delegate functions under Clauses 90and W2.4(4) thereof.

Head of Environmental AssetsBusiness Managers, Roads andTransportation

Assistant Business Manager, Roads andTransportation

25. To act on behalf of the Council for mattersreferred to in the Water Environment(Controlled Activities) (Scotland) Regulations2011 for the following purposes:

(a) Signing Controlled ActivityRegulations licence applicationsreferred to in the Water Environment(Controlled Activities) Regulations2011 on behalf of the Council.



(b) Securing compliance with the termsof the licence issued by SEPA

26. Following consultation with the localMembers, to deal with requests for the useof parks and open spaces for the purposesof galas, wreath laying, events, travellingshow−grounds, circus sites and other similarpurposes.

Head of Environmental AssetsBusiness Managers, EnvironmentalAssetsAssistant Business Managers,Environment and Estates

Assistant Chief Executive (Infrastructure)Head of Environmental AssetsHead of Asset and Procurement Solutions

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27. To determine charges for ad hocpromotions, group discounts, classes,commercially priced events and other similarmatters.

28. To consider and determine applications forthe adoption of open spaces, subject alwaysto the terms and conditions of the adoptioncomplying with the policy for the adoption ofopen spaces agreed from time to time by theCouncil


Assistant Chief Executive (Infrastructure)Head of Environmental AssetsHead of Asset and Procurement Solutions

29. To act as Proper Officer for the following statutory purposes in respect of the statutoryrequirements indicated.

Land Reform (Scotland) Act 2003

(a) Section 10 − To publicise theScottish Outdoor Access Code,including any summaries and relatedguidance available for examination inall appropriate Council buildings,newsletters, websites etc. and toadvise appropriate staff on itscontent

Assistant Chief Executive InfrastructureHead of Environmental Assets

(b) Section 11 − Following consultationwith the North Lanarkshire AccessForum, to determine requests toexempt land from access rights for aperiod of up to 6 days

(c) Section 14(2) —Where an owner ofland in respect of which access rightsare exercisable prevents or detersany person from exercising theirrights in terms of this Act, to serve aNotice on the owner of the landrequiring remedial action, asspecified in the Notice, requiring himto take such action to allow accesswithin such reasonable time as sospecified

(d) Section 18(8) − Following adoption ofthe plan, to give public notice of itsadoption, maintain a list of corepaths, retain any plans, maps etc. forpublic inspection and for sale at areasonable price and to send a copyto the Scottish Ministers




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(e) Section 20 (5) to amend the CorePaths Plan, where satisfied that it isexpedient so to do having regard to:

(i) the extent to which it appearsthat persons would, but forthe amendment, be likely toexercise access rights usingthe core path; and

(ii) the effect which theamendment of the plan wouldhave as respects land servedby the core path

(f) Section 21 − To enter intoagreements with landowners todelineate pathways



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DELEGATED POWERS: REGULATORY SERVICES AND WASTE SOLUTIONS

(1) To act as Proper Officer for the following statutory purposes in respect of the statutoryrequirements indicated.


(a)

Section 50D − Compilation of lists ofbackground papers anddetermination of background papersin respect of any report submitted tothe Council or any Committee orSub−Committee of the Council by anofficer from Infrastructure

Section 193 − Signature on behalf ofthe authority of notices, orders orother documents which the Councilhas delegated, to the Assistant ChiefExecutive (Infrastructure), authority toissue

Assistant Chief Executive (Infrastructure)Head of Regulatory Services and WasteSolutions


Environmental Protection Act 1990(b)

Section 149 − Relative to reference toSection 3 of the Dogs Act 1906(seizure of stray dogs)


Housing (Scotland) Act 1987(C)

Sections 87, 114,115 and338−Officialrepresentation that the house

does not meet tolerable standard


(2) Construction (Design and Management)Regulations 1994 (revised 2015) asfollows:−(a)


(b) to appoint a Principal Designer and/orDesigner, Principal Contractor and/orContractor;

(C) in the case of contracts where thecouncil is appointed as PrincipalDesigner and/or Designer, PrincipalContractor and/or Contractor, to carryout the duties appropriate to eachsuch appointment


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(d) in the case of contracts where theCouncil acts as agents for theScottish Government or otherexternal agencies, to consent to theCouncil being appointed as the clientagent.

(3) To accept invitations from all legal externalsources to carry out construction−relateddesign and construction projects.


(4) In terms of the Council's General ContractStanding Orders

(a) To take such measures as may benecessary in emergency situations,subject to advising the relevantCommittee as soon as possiblethereafter on any item for whichCommittee approval would normallybe necessary, including any contractfor the execution of works which areurgently required for the prevention ofdamage to life or property.

(b) In relation to the public noticesregarding tenders for contracts, toselect in which paper and tradejournal such notices are to beinserted

(c) To contact a tenderer in respect ofany contract in cases where suchcontact may be necessary to validateor clarify the terms of the tender or toeffect any necessary adjustmentssubject to a full written record beingkept of such contacts and retainedwith the original tender.

(d) In relation to the nomination ofsubcontractors for the execution ofworks or for the supply of materials,to invite tenders from not less thanfour persons considered competentfor the purpose or, with the approvalof the relevant Committee, from lessthan four persons.


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(e) In relation to the nomination ofsubcontractors, to nominate thelowest tenderer as subcontractorunless the relevant Committeeauthorises the nomination of a highertenderer.

(f) To request records in relation to acontract which may be held by aconsultant engaged by the Council ona particular project.

(g) Before a tender which has beenobtained is accepted, to investigatethe technical capability for safelyexecuting the work of the tenderer tobe accepted.

(h) To accept tenders for the executionof works up to the financial thresholdsset out in General Contract StandingOrders

(i) To accept tenders for the supply ofgoods up to the financial thresholdsset out in General Contract StandingOrders

(j) As and when required to appointconsultants from Constructionine

(5) Following consultation with the Convenor orin his/her absence, a Vice Convenor of thePlanning and Transportation Committee, thelocal Members and where appropriate, theHead of Business for Legal and DemocraticSolutions, to initiate and serve or determinenot to serve in terms of the Town andCountry Planning (Scotland) Act 1997Notices Requiring Proper Maintenance ofLand (wasteland amenity notice) S. 179


Environmental Health ManagerEnvironmental Protection ManagerSenior Environmental Health Officers

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(6) To authorise and sign and issue thenecessary authorisation to officers of theCouncil to exercise statutory powers(including, where appropriate, the right toenter land and premises and to sign andissue notices) in the discharge of their dutiesin connection with the functions of theCouncil as Environmental Health Authoritywhich will include Food Safety, FoodStandards and Health and Safety and, whereappropriate, as Licensing Authority andduties contained in the Environment Act1995 and the Environmental Protection Act1990.

(7) To discharge duties in connection with thefunctions of the Council under Health andSafety legislation relating to the storage ofPetroleum and Explosives including theissue, grant or revocation of licences andregistrations

Assistant Chief Executive (Infrastructure)Head of Regulatory Services and WasteSolutionsEnvironmental Health Manager


Trading Standards Manager

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(8) To authorise and to sign and to issue thenecessary authorisation to officers of theCouncil to exercise statutory powers(including, where appropriate, the right toenter land and premises and to sign andissue notices) in the discharge of their dutiesin connection with the functions of theCouncil in relation to consumer protection,including trading standards and weights andmeasures, (including where appropriate, asLicensing Authority, to issue, grant or revokelicences and registrations)

To consider representations made to theCouncil in relation to fixed penalty noticesissued under the Tobacco and PrimaryMedical Services (Scotland) Act 2010.

To conduct a review of a penalty chargenotice given to a person under the EstateAgents Act 1979 as amended.

(9) To authorise and to sign and to issue thenecessary authorisation to officers of theCouncil to exercise statutory powers(including, where appropriate, the right toenter land and premises and to sign andissue notices) in the discharge of their dutieswith regard to the functions of the Council inrelation to civil enforcement actions raised interms of the Enterprise Act 2002 andfinancial counselling services.


Trading Standards ManagerChief Trading Standards Scotland Officer,Scotland


Trading Standards ManagerFinancial Inclusion Manager

DELEGATED POWERS: REVENUE AND E−GOVERNMENT SOLUTIONS


(a) To act as the Proper Officer in termsof the Income−related Benefits(Subsidy to Authorities) Order 1998 inrespect of claims

Assistant Chief Executive (Infrastructure)Head of Revenue and E−GovernmentSolutions

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(b) To act as the Proper Officer in termsof the Local Government (Scotland)Acts of 1973 and 1975, Part Il of theLocal Government Finance Act 1992,the Local Government Finance Act1992 and associated delegatedlegislation for all administrativepurposes, including arranging thepreparation of the assessment roll,the preparation and issue of ratesnotices, the collection of rates, thereceiving and settling of claims fornon−domestic rates, exemption fromrates, the handling of objections tothe amount of rates levied and theabatement, remission or repaymentof rates under the various ratingprovisions

(c) To act as the Proper Officer in termsof Part II of the Local GovernmentFinance Act 1992 and associateddelegated legislation for alladministrative purposes including thepreparation and issue of notices, thecollection of charges, the handling ofobjections to the amounts chargedand the exemption, abatement orremission of charges

(d) To act as the Proper Officer in termsof the Local Government Finance Act1992 and associated delegatedlegislation for all administrativepurposes including the preparationand issue of Council Tax notices, thecollection of the aforementioned tax,the handling of objections to theassessments and the exemption,abatement or remission of charges

(e) To enter into arrangements withWater Authorities concerning thebilling and collection of water andsewerage charges on their behalf andto make arrangements to remit suchcharges to those aforementionedauthorities





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(f) To make the necessaryarrangements concerning terms andcommissions payable by the WaterAuthorities to North LanarkshireCouncil for the billing and collectionof water and sewerage charges ontheir behalf

2 In terms of insurance

(a) To take out the necessary insurancesto protect the interests of the Council

(b) to make arrangements with insurancecompanies concerning the settlementof claims and to settle pre−litigatedclaims

3. To determine, subject to right of appeal tothe Finance Appeals Sub−Committee,applications for remission of rates

4. To deal with all applications for HousingBenefit and Council Tax Reduction Schemein terms of appropriate legislative provisionsand in accordance with Council policy

5. To enter into arrangements with ScottishHomes, Housing Associations and others inaccordance with Schedule 2 of the LocalGovernment Finance Act 1992 to administerCouncil Tax Benefit, Council Tax ReductionScheme and discounts on behalf of NorthLanarkshire Council for all those resident inthe housing authority's property

6. To deal with all applications for Blue Badgesin terms of appropriate legislative provisionsand in accordance with Council policy

7. To deal with all applications for Crisis Grantsand Community Care Grants under theScottish Welfare Fund in terms ofappropriate legislative provisions and inaccordance with Council policy






Assistant Chief Executive (Infrastructure)Head of Revenue & E−GovernmentSolutions



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