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East Kent (Joint Arrangements) Committee

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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