Terms of Reference for
East Kent Joint Arrangements Committee
1. To
exercise the executive and non-executive functions of the parties
in order to commission, co-ordinate, provide, procure and/or manage
any shared services as are agreed from time to time by two or more
of the Parties.
2. To
provide strategic direction to the officers advising the
EKJAC.
3. To
exercise any of the functions or services that are determined to be
a shared service in accordance with these arrangements.
4. To
develop work programmes and projects in relation to the functions
which the parties are minded to be delegated to the EKJAC by the
Parties.
5. To
regularly report to each of the Parties on its
activities.
6. To
respond to reports and recommendations made by the East Kent Joint
Scrutiny Committee.
7. To
monitor the operation of the EKJAC and of any shared
service.
8. To
propose a budget for a shared service to the Parties and to monitor
and manage any such budget once approved by them.
9. To
review these arrangements from time to time and make
recommendations to the Parties for improvement and change and to
propose (as appropriate) the creation of special purpose vehicles
for the achievement of the Objectives, including companies, formal
partnerships or consortia, the expansion of these arrangements to
include other local authorities, the conclusion of contracts with
other persons and the provision of services, supplies and works to
other persons.
Delegations to
East Kent Joint Arrangements Committee
Part 1
General
1. The
functions delegated in Part 2 of this Schedule are associated with the following
services which are to be delivered by Canterbury City Council,
Canterbury City Council and Thanet District Council through the
East Kent Joint Arrangement Committee:
· ICT
· face to face and contact centre customer services
· revenues and benefits
2. It
is contemplated that the East Kent Joint Arrangements Committee
will in turn delegate the discharge of these functions to the
Director of Shared Services or other of her officers in accordance
with the East Kent Joint Arrangements Committee Scheme of
Delegation already approved by it on 19 May 2010
3. References
to a ‘Part’ are reference to a Part of this
Schedule
Part 2
Delegation of Functions
4. The
Executive of Canterbury City Council delegates the discharge of the
functions set out in this Part to the East Kent Joint Arrangements
Committee pursuant to all powers contained in or having effect
under the Local Government Acts of 1972 and 2000.
5. The
exercise of the powers and functions set out in this Part shall
without prejudice to any specific delegation or authorisation set
out, and subject to any express
conditions/exclusions/limitations/notes specified, be taken to
include power to do anything incidental or conducive to the
discharge of such functions including (by way of example and not by
way of limitation) power to do any of the following:
(a) To
appoint or designate any officer as an ‘authorised
officer’, ‘inspector’, ‘person duly
authorised’ or similar under any of the legislation or
functions specified for the purposes of enabling any such person to
carry such legislation or functions into effect.
(b) To
authorise any officer for the purposes of any of the above
mentioned legislation or functions.
(c) To
exercise any power or function conferred by or in connection with
the specified legislation or functions to:
(i) require
any person to provide any information;
(ii) enter
or inspect any land, premises, vehicle or vessel;
(iii) take
samples of, seize, test, dispose of, destroy, or otherwise deal
with and thing or substance in accordance with the applicable
legislation;
(iv) make
application for any warrant or order to a court of summary
jurisdiction and to execute any such warrant or order taking with
him or her any other person as may be authorised;
(v) to
make or swear any information;
(vi) institute
or defend any legal proceedings, and to take all proper steps in
the furtherance or compromise of such proceedings (in each case) in
consultation with the Solicitor to the Council which may be
undertaken in relation to specific cases or in relation to
categories of work;
(vii) execute
work;
(viii) sell
or dispose of any goods, articles, samples materials or other
property (other than land and buildings);
(ix) recover
any sums of money due to the council;
(x) authorise
any other person to do any of the things mentioned in (i) to (vii)
above to the extent permitted by law.
6. The
East Kent Joint Arrangements Committee are hereby authorised to
discharge on behalf of Canterbury City Council the function of
preparing and approving, amending or repealing, any policy,
statement, practice note, code of guidance, procedure or similar in
connection with the functions hereby delegated and:
(a) Until
such time as they have done so any reference in this Part to any
policy, procedure, process or similar administrative statement of
practice ‘of the council’ shall be interpreted as a
reference to the relevant policy, procedure process of similar
administrative statement of Canterbury City Council in force on 31
January 2011.
(b) After
they have done so, any reference in this Part to any policy,
procedure, process or similar administrative statement of practice
‘of the council’ shall be interpreted as a reference to
the relevant policy, procedure process of similar administrative
statement as approved by the East Kent Joint Arrangements Committee
after 1 February 2011
7. Any
reference to any Act, Rule, Order or Regulation shall be taken as
including a reference to that Act, Rule, Order or Regulation as
re enacted replaced or modified from
time to time.
8. References
to any statutory provision shall include a reference to any
subordinate or secondary legislation made under or taking effect
under it from time to time