Agenda and minutes

To appoint a Vice-Chair of the Working Party for the period until the next Annual Council Meeting.

RESOLVED – That Councillor Peter Burns be appointed Vice-Chair of the Working Party for the period until the next Annual Council Meeting.

To approve the Minutes of the meeting held on 8 March 2013 as a correct record.

The Minutes (copies of which had been circulated) of the meeting held on 8 March 2013 were approved as a correct record.

Councillors and officers to declare any interests which they have in any of the items on the agenda for the meeting.

No declarations of interest were made.

To consider a report of the Council Solicitor

The report considers a proposed work programme for the Working Party for the remainder of the current Municipal Year.

The Working Party is requested to note the report and consider whether it is timely to review the procedure for questions by the Council Meeting on Executive, Scrutiny and Ordinary Committee business.

Officer Contact: David Clee on 0161 474 3137 or e mail: david.clee@stockport.gov.uk

A representative of the Council Solicitor submitted a report (copies of which had been circulated) inviting the Working Party to consider a proposed work programme for the Working Party for the remainder of the current Municipal Year.

When the Working Party had recommended changes to the procedure for questions by the Council Meeting on Executive, scrutiny and ordinary committee business during the last Municipal Year, it had agreed to review any subsequent changes to the Constitution. The Working Party was now asked to consider whether it was timely to review the procedure for questions by the Council Meeting on Executive, Scrutiny and Ordinary committee business.

RESOLVED – (1) That the report be noted.

(2) That a report be submitted to the next meeting of the Working Party outlining possible changes to the procedure for questions by the Council Meeting on Executive, Scrutiny and Ordinary Committee business.

To consider a report of the Corporate Director for Corporate and Support Services

The report reviews the current authorisation levels for write-offs to reflect the changing structures within the Authority.

The Working Party is recommended to support the proposed changes detailed in paragraph 2 of the report.

Officer contact: Alison Blount on 0161 474 5107 or e mail: alison.blount@stockport.gov.uk.

A representative of the Corporate Director for Corporate and Support Services submitted a report (copies of which had been circulated) reviewing the current authorisation levels for write-offs to reflect the changing structures within the Council.

An internal audit report of the Debtors system had highlighted that some low level debts were being written off by service area managers, contrary to the Constitution. All debts which were written off were monitored by senior managers in accordance with an agreed procedure. However, Members expressed concern about the possible accumulation of debt and felt that in order to increase transparency a report should be submitted on a twice yearly basis to the Audit Committee detailing these low level debts.

Members considered the following proposed amendment  to the wording in paragraph 7.18 of the Financial Procedural Rules (PR 5) in the section headed ‘Income’:-

‘Where the debt is above £10,000 but less than £100,000 this must follow a report to the Executive Councillor (Corporate, Customer and Community Services). Where the debt is £100,000 or above this must follow a report to the Executive’.

The Working Party felt that this should be amended to read:-

‘Where the debt is above £10,000 but less than £50,000 this must follow a report to the Executive Councillor (Corporate, Customer and Community Services. Where the debt is £50,000 or above this must follow a report to the Executive’.

RESOLVED – (1) That the Working Party supports the following proposed change to the wording in paragraph 7.18 of the Financial Procedural Rules (PR 5) in the section headed ‘Income’:-

“7.18 Where it is necessary to write off debts because they are deemed to be irrecoverable, individual debts up to the value of up to £500 can be written off by Authorised managers from the service area in which the debt was raised. Debts of up to £5,000 may be written off by the Corporate Director of the service area in which the debt was raised or the Head of Revenues and Benefits in the case of centrally managed debts.  Debts over £5,000 can only be written off by the Corporate Director, Corporate and Support Services. Where the debt is above £10,000 but less than £50,000 this must follow a report to the Executive Councillor, Corporate, Customer and Community Services. Where the debt is £50,000 or above this must follow a report to the Executive. Where the debtor has gone into liquidation or is bankrupt the report to members will not be required.

These amounts are exclusive of any value added tax where it is charged. These limits may be increased annually in accordance with inflation rounded to the nearest £10. Any amendment will be notified to Corporate Directors by the Corporate Director, Corporate and Support Services”.

(2) That the recommendation in (1) above be reviewed in a year’s time.

(3) That reports be submitted to the Audit Committee on a twice yearly basis  detailing, by category, the low level of debts being written off by service managers during the financial year.

To consider a report of the Council Solicitor

The reports sets out issues arising from the operation of the governance arrangements for the Health & Wellbeing Board since its establishment in April 2013.

The Working Party is requested to consider the report and provide any views on the governance arrangements for the Health and Wellbeing Board since its establishment in April 2013.

Officer Contact: Jonathan Vali on 0161 474 3201 or e mail: jonathan.vali@stockport.gov.uk

A representative of the Council Solicitor submitted a report (copies of which had been circulated) setting out issues arising from the operation of the governance arrangements for the Health and Wellbeing Board since its establishment in April 2013.

The Local Government Association had advised that all non-councillor members of the Health & Wellbeing Board, be they officers or other members, should be considered as co-opted members of the local authority and as such were bound by the requirements to disclose their pecuniary interests. As a consequence of this requirement, the current provision for the appointment of substitute members of the Board now needed to be revised. For councillors, appointing a substitute from other councillors had provided no difficulty, however to appoint a substitute for a non-councillor who would then have rights to participate fully in the discussion and vote would conflict with the requirements for the disclosure of interests.

RESOLVED – That this Working Party supports the appointment of a single named substitute for each organisation represented on the Health and Wellbeing Board.

To consider a report of the Monitoring Officer.

The report sets out a proposal to include the Council's procedure for property transactions in the Scheme of Delegation to regularise and formalise the process.

The Working Party is invited to recommend that the Council Meeting adopt the proposed Annex 3 to the Scheme of Delegation ‘Property Transactions’.

Officer Contact: Jonathan Vali on 0161 474 3201 or e mail: jonathan.vali@stockport.gov.uk

The Council Solicitor submitted a report (copies of which had been circulated) setting out a proposal to include the Council’s procedure for property transactions in the Scheme of Delegation in order to regularise and formalise the process.

In 1999 the Council had adopted a process for considering and agreeing to dispose of or acquire property. This process was subsequently amended to reflect the Executive arrangements, as shown in Annex 3.

The following comments were made/issues raised:-

·         A Member expressed concern that Area Committees were not provided with detail regarding the future intention for a piece of land which was being disposed of.

·         If there was not enough time for a particular property transaction to be considered by the Corporate, Resource Management and Governance Scrutiny Committee, then the Chair should be authorised to take urgent action on behalf of the Committee and report back to the next meeting of the Committee.

RESOLVED – (1) That the Council Meeting be recommended to adopt the proposed Annex 3 to the Scheme of Delegation ‘Property Transactions’ subject to the following amendments:-

·         The power to determine property transactions between the value of £124,451- £250,000 be delegated to the Corporate Director, Corporate and Support Services, in consultation with the Executive Councillor (Corporate, Customer and Community Services), but that this power be reviewed in one year’s time.

·         The power to determine property transactions in excess of the value of £250,000 be delegated to the Executive Meeting and subject to ‘call in’ after their publication.

(3) That the Minor Land and Property Transactions be submitted to each Area Committee in future, as was currently the case with the Central Stockport Area Committee.

To consider a joint report of the Council Solicitor and the Corporate Director for Place Management and Regeneration.

The report provides an update on the implementation of the Scrap Metal Dealers Act 2013 and details the interim Scheme of Delegation which reflects the current position that that the provisions of the Act must currently be exercised by the Executive. The report seeks the views of the Working Party on a proposed Scheme of Delegation which would be implementable following the future amendment of the ‘Functions Regulations’ to appropriately delegate this function to the Licensing, Environment and Safety Committee.

The Working Party is requested to comment on the proposed Scheme of Delegation and recommend that the Council Meeting authorise the Monitoring Officer to make the necessary amendments to the Scheme of Delegation to delegate the functions of the Scrap Metal Dealers Act 2013 as detailed in Section 6 of the report which might be necessary following any future amendment of the Functions Regulations making this a ‘non-executive’ function.

Officer contact: Peter Cooke / Damian Eaton on 474 4851 / 3207 or email: peter.cooke@stockport.gov.uk / damian.eaton@stockport.gov.uk

A representative of the Council Solicitor submitted a joint report of the Council Solicitor and the Corporate Director for Place Management and Regeneration (copies of which had been circulated) providing an update on the implementation of the Scrap Metal Dealers Act 2013 and detailing the interim Scheme of Delegation which reflected the current position that the provisions of the Act must currently be exercised by the Executive. The report sought the views of the Working Party on a proposed Scheme of Delegation which would be implemented following any future amendment of the ‘Function Regulations’ to appropriately delegate this function to the Licensing, Environment and Safety Committee.

RESOLVED – That the Working Party supports the necessary amendments to the Scheme of Delegation to delegate the functions of the Scrap Metal Dealers Act 2013 as detailed in Section 6 of the report which night be necessary following any future amendment of the Functions Regulations making this a ‘non-executive’ function.

To consider a joint report of the Council Solicitor and the Corporate Director for Place Management and Regeneration.

The report details proposed amendments to the delegation arrangements for the consideration of Street Trading Consents.

The Working Party is requested to consider a proposed amendment to the Scheme of Delegation to reflect the current practice detailed in Section 3 of the report such that the determination of Street Trading Consents be delegated to the Corporate Director for Place Management and Regeneration, save in those instances where there have been two or more applicants for a single pitch; where there have been objections or an appeal against the decision of the Corporate Director.

Officer contact: Ian O’Donnell / Damian Eaton on 474 4175 / 3207 or email: ian.odonnell@stockport.gov.uk / damian.eaton@stockport.gov.uk

A representative of the Council Solicitor submitted a joint report of the

Council Solicitor and the Corporate Director for Place Management and Regeneration (copies of which had been circulated) detailing proposed amendments to the delegation arrangements for the consideration of Street Trading Consents.

A Member felt that it was important that Ward Councillors be informed of all applications.

RESOLVED – That the Working Party supports a proposed amendment to the Scheme of Delegation to reflect the current practice detailed in Section 3 of the report such that the determination of Street Trading Consents be delegated to the Corporate Director for Place Management and Regeneration, save in those instances where there have been two or more applicants for a single pitch; where there have been objections or an appeal against the decision of the Corporate Director.

To consider a report of the Council Solicitor

The report considers the arrangements for the new Joint Executive Committee for the Strategic Procurement Unit for Stockport, Trafford and Rochdale (STaR) and the delegation of the Council’s procurement functions to the Committee.

The Working Party is invited to recommend that the Council Meeting adopt the proposed changes to the Constitution.

Officer Contact: Barry Khan on 0161 474 3202 or e mail: barry.khan@stockport.gov.uk

The Council Solicitor submitted a report (copies of which had been circulated) in connection with the Stockport, Trafford and Rochdale (STaR) Shared Procurement Service

At the Executive Meeting held on 12 November 2013 it had been agreed to create a shared procurement service with Trafford and Rochdale Councils. The governance of this shared service would be through a Joint Committee (comprising Executive Councillors from each of the participating Councils) and a Management Board. The Management Board would report to the Joint Committee and allow Members and Senior Officers of each participating authority to oversee and approve the work programme as the STaR is established and developed.

The collaboration would be underpinned by a formal inter-authority agreement which would set out the extent of the delegation from each Council and all associated support service infrastructure.

It was intended to work towards creating one set of rules and procedures that could be applied across Stockport, Trafford and Rochdale Councils.

RESOLVED – (1) That Part 3, Scheme of Delegation – Appendix 8 – Joint Committees be amended by :-

·         The insertion of a reference to the Joint Committee for the Shared Procurement Service; and

·         The insertion of Annex 3 covering the roles, responsibilities and Terms of Reference for the Joint Committee for he Shared Procurement service.

(2) That the Working Party supports a requirement for apprenticeships to be incorporated into the procurement and contract procedure rules governing the Stockport, Trafford and Rochdale Shared Procurement Service.

To agree the date of the next meeting of the Working Party.

RESOLVED – That the next meeting of the Working Party be held at 6.00pm on Thursday 13 February 2013 in the Town Hall.