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 2 July 2014 as a correct record.

The Minutes (copies of which had been circulated) of the meeting held on 2 July 2014 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 Monitoring Officer

The report advises the Working Party of changes to the Constitution as a consequence of ‘The Openness of Local Government Bodies Regulations 2014’ in respect of the publication of Officer decisions.

The Working Party is invited to consider Appendices 1 and 2 of the report and recommend that the Council Meeting accepts the changes contained therein.

Officer Contact: Craig Ainsworth on 0161 474 3204 or email: craig.ainsworth@stockport.gov.uk

The Monitoring Officer submitted a report (copies of which had been circulated) advising the Working Party of changes to the Constitution as a consequence of ‘The Openness of Local Government Bodies Regulations 2014’ in respect of the publication of Officer decisions.

The Regulations, laid before Parliament in August 2014, covered two main areas (i) the rights of the press and public to record and report on meetings of the Council and (ii) requirements for the publication of certain decisions by officers. The provisions relating to (i) had already been responded to and the Council Meeting had agreed to changes to the Council Meeting Procedure Rules.

Whereas the Local Authorities (Executive Arrangements)(Meetings and Access to Information)(England) Regulations 2012 required the publication of ‘Officer Executive Decisions’, the new regulations required the publication of any Officer decision.

The following comments were made/issues raised:-

·         The need for personal and confidential information to be excluded from certain Officer decisions.

·         The intention was to publish the Officer decisions on a fortnightly basis, but this would be reviewed.

·         There were potential complexities about publishing health-related decisions taken under pooled arrangements.

RESOLVED – The Working Party recommends the Council Meeting to approve the changes in Appendices 1 and 2 of the report.

To consider a report of the Monitoring Officer

The Working Party is recommended to support arrangements being made to change the Scheme of Delegation in the Constitution to delegate to the Corporate Director for Place Management and Regeneration the power under Section 53 of the Anti-Social Behaviour, Crime and Policing Act 2014 to designate persons to issue Community Protection Notices, including Fixed Penalty Notices, which will include appropriate Officers of Stockport Homes.

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

The Monitoring Officer submitted a report (copies of which had been circulated) proposing changes to the Constitution arising from the Anti-Social Behaviour, Crime and Policing Act 2014 which would come into force on 20 October 2014.

Section 53 of the Act gave the Council the power to designate persons to issue Community Protection Notices, including Fixed Penalty Notices. Community Protection Notices could be used by a relevant Officer to order a person to do something (or stop doing something) in order to cease ‘environmental’ anti-social behaviour, or behaviour having a detrimental effect on quality of life. It replaced litter clearing notices, defacement removal notices and street litter control notices.

The Monitoring Officer reported that the proposed delegation to the Corporate Director for Place Management and Regeneration could not be agreed until an Order under Section 53 of the Anti-Social Behaviour, Crime and Policing Act 2014 had been made by the Secretary of State.

RESOLVED – That, subject to an Order being made by the Secretary Of State under Section 53 of the Anti-Social Behaviour, Crime and Policing Act 2014, support be given to the arrangements being made to change the Scheme of Delegation in the Constitution to delegate to the Corporate Director for Place Management and Regeneration the power under Section 53 of the Anti-Social Behaviour, Crime and Policing Act 2014 to designate persons to issues Community Protection Notices, including Fixed Penalty Notices, which will include appropriate Officers of Stockport Homes.