Scheme of Administration

SECTION 3 EXECUTIVE

Constitution
1. Twelve Members of the Council including:-
Leader of the Council;
Depute Leader of the Council (Human Resources);
Depute Leader of the Council (Finance);
Executive Members for -
Communities and Health
Corporate Improvement
Culture, Sport and Events
Economic Regeneration
Education
Environmental Services
Planning and Environment
Roads and Infrastructure
Social Work

Chairman
2. The Leader of the Council shall be Chairman of the Executive.

Quorum
3. Seven members of the Executive shall constitute a Quorum.

Functions Referred
4. The following functions of the Council shall stand referred to the Committee -

Policies and Objectives
   *(1) Guiding the Council (a) in the formulation of its policy objectives and priorities and recommending to the Council such forward programmes and other steps as may be necessary to achieve these objectives, either in whole or in part, during specific time spans, (b) to keep the policy objectives and priorities under review, making such alterations from time to time as may be considered necessary.
   *(2) Consideration of the broad social, economic and environmental needs of the Council's Area and matters of comprehensive importance thereto.
   *(3) Advising the Council generally as to its financial and economic policies.
   *(4) The preparation of Structure Plans and Local Plans in terms of the Town and Country Planning (Scotland) Act 1997.
   *(5) Advising the Council on European Community matters.
   *(6) The preparation of all major strategic policy documents.
    (7) Consideration or alteration, within the policy framework established by the Council, of policy objectives and priorities in relation to all functions of the Council except Education.

Resources and Services
   *(8) Advising the Council generally on the allocation and control of its financial, manpower and land resources.
    (9) The organisation and administration of all Departments and services of the Council.
  *(10) Ensuring that the organisation and management processes of the Council are designed to make the most effective contribution to the achievement of the Council's objectives, keeping those processes under review, and recommending as necessary any changes in either the Committee or Departmental structure or the distribution of functions and responsibilities.
   (11) Initiating or carrying out reviews of strategic or corporate significance and such other reviews as the Executive deem appropriate.
   (12) All matters relative to the business management and financial controls of the Council's Trading Operations.

Financial Management
(13) Within the context of the Capital Financial Plan, the approval of proposals for capital expenditure, the ranking of priorities and allocation of resources in relation to capital expenditure.
(14) Within the context of the Revenue Financial Plan, the approval of proposals for revenue expenditure, including proposals for virement in terms of Financial Regulation 7.9, the ranking of priorities and allocation of resources in relation to revenue expenditure.
*(15) Consideration of requests for supplementary estimates of revenue expenditure and approval to incur expenditure not included in the annual Revenue Financial Plan.
*(16) All matters related to the audit of the accounts of the Council.
(17) All matters related to the banking arrangements of the Council.
*(18) Determination of appropriate levels of Council Tax each year.
*(19) The preparation, review and amendment of Regulations making arrangements for the proper administration of the Council's financial affairs, and matters relating to internal audit.
*(20) Borrowing of money by the Council.
(21) All matters relating to Treasury Management.
(22) Investment of any Funds, including Trust, Common Good and Pension Funds, under the control or direction of the Council.
(23) Writing off bad or irrecoverable debts over £1,000.
(24) Disposal of Rates appeals and claims for relief of Rates.
(25) All matters relating to the Council's portfolio of insurance policies.
(26) All matters related to the collection of Council Tax, Rates, (former) Community Charges, Water and Sewerage Charge (on behalf of Scottish Water) and acting as Collecting Authority therefor in terms of Section 79 of the Local Government etc. (Scotland) Act 1994.
(27) Disposal of appeals or claims relating to (former) Community Charges insofar as they require to be dealt with by the Council.
(28) Disposal of appeals or claims relating to Council Tax and (former) Council Water Charge insofar as they require to be dealt with by the Council.
(29) The initiation of actions and procedures for the recovery of Rates, (former) Community Charges, (former) Council Water Charge, and Water Charges (on behalf of Scottish Water).

Property, Accommodation and Staffing
(30) The management of the administrative buildings of the Council and providing, furnishing, equipping and maintaining the necessary offices and buildings for this purpose.
(31) Determining the standards, maintenance levels and resources allocated to all heritable property of the Council, including the review of the utilisation of the Council's heritable properties, other than the aspects of property management specifically remitted to other Committees.
(32) The determination of rents of Council dwellinghouses.
(33) The management and use of land and buildings controlled by the Council, and the use or disposal of land and buildings declared surplus to the requirements of the Council, including former HRA land.
(34) Consideration of applications for short term uses for Council owned properties and ground.
(35) Energy management in all properties owned or used by the Council.
*(36) The preparation, review and amendment of the staffing establishments of all Departments of the Council.
(37) The recruitment, of all employees except the Chief Executive, and the suspension and dismissal of all employees except the Chief Executive, the Assessor and Directors.
(38) The training, development and welfare of all staff, including the preparation and review of Council policies on staffing issues and Health and Safety at Work, and the promotion of good personnel and employment practices.
(39) All matters relating to the conditions of service, remuneration, allowances, superannuation and pensions of all employees, including consultation and negotiation with the appropriate Trades Unions as necessary, and the ratification of National Agreements and significant Local Agreements.

Information Technology
*(40) The Council's Information Technology strategy.
   (41) The Council's Information Technology services and requirements, including the communication requirements of the Council and all its Departments.

Miscellaneous
(42) Publicity, including Public Relations and the promotion of the Council, aimed at assisting the effective delivery of services, other than where this forms part of another Committee's terms of reference.
(43) All matters relating to compulsory competitive tendering or Best Value in respect of all services of the Council.
(44) All matters relating to the general strategy of the Council in relation to crime prevention.
(45) The arrangement of Civic Hospitality and other Receptions and budget allocation for same.
(46) Overall budgetary responsibility for contributions to Local Festivals and associated entertainment.
(47) The disbursement of funds to Community Councils from approved Revenue Budgets.
(48) Determining applications for financial assistance from outside bodies.
(49) Consideration of new legislation.
(50) The initiation or defence of civil actions other than those relating to matters standing referred to other Committees.
(51) All matters relating to transportation, including Bus Service Contracts.
(52) All matters not specifically referred to any other Committee.

Functions Delegated
5. All functions referred to the Committee except those marked * and except as provided in Section II hereof.

APPOINTMENTS SUB COMMITTEE

Constitution
1. Five members of the Council comprising -
(a) the Leader and Depute Leader (Human Resources)
(b) the relevant Executive Member
(c) one Member from the opposition

In this context, "relevant Executive Member" means the Executive Member for the Service within which the appointment is being made, except in the case of an appointment to Community Planning & Corporate Resources, in which case it shall mean the Depute Leader (Finance).

Chairman
2. The Depute Leader shall be Chairman of the Sub-Committee.

Quorum
3. Five members of the Sub-Committee shall constitute a Quorum

Functions Referred
4. The following functions of the Council shall stand referred to the Sub-Committee -
(1) The recruitment of staff to posts at Director and Head of Service level.

Functions Delegated
5. All functions referred to the Sub-Committee except those marked * and except as provided in Section II hereof.

PENSION FUND SUB-COMMITTEE

Constitution
1. Seven Members of the Council comprising -
(a) the Convenor
(b) the Depute Leader (Finance)
(c) the Depute Leader (Human Resources)
(d) the Executive Member for Corporate Improvement
(e) one other Member of the Executive
(f) two members from the Opposition

(Trade Unions to be invited to send representatives as observers)

Chairman
2. The Convener shall be Chairman of the Sub-Committee, and the Depute Leader (Finance) shall be the Vice-Chairman.

Quorum
3. Four members of the Sub-Committee shall constitute a Quorum.

Functions Referred
4. The following functions of the Council shall stand referred to the Sub-Committee -
(1) All matters relating to the Management of the Council's Pension Fund.
*(2) Employer discretions under Local Government Pension Scheme (Scotland) Regulations 1998.

Functions Delegated
5. All functions referred to the Sub-Committee except those marked * and except as provided in Section II hereof.

TRADING OPERATIONS SUB-COMMITTEE

Constitution
1. Seven Members of the Council, being
(a) the Depute Leader (Finance)
(b) the Executive Member for Corporate Improvement
(c) the Executive Member for Road and Infrastructure
(d) the Executive Member for Environmental Services
(e) one Member from the Administration
(f) two Members from the Opposition

Chairman
2. The Executive Member for Corporate Improvement shall be Chairman of the Sub-Committee.

Quorum
3. Four members of the Sub-Committee shall constitute a quorum.
[In the event of any vacancy or vacancies in membership of the Sub-Committee, the quorum shall be not less than one-third of the members of the Sub-Committee then standing appointed, and in no case less than 2 in number.]

Functions Referred
4. The following functions of the Council in relation to Trading Operations shall stand referred to the Sub-Committee:-
(1) The receipt, consideration and determination of matters relative to business management of the in-house trading units.
(2) The monitoring of all trading arrangements and operations in terms of the Local Government in Scotland Act 2003.
(3) The exercise and approval of financial controls, the monitoring and adjustment as necessary of financial and trading performance targets, and the receipt of the final accounts.
* (4) The preparation of the Financial Plans necessary to deliver the required performance levels for the services concerned and the contracts being undertaken by them.
(5) The consideration and approval of the contract strategy employed by the in-house trading units, including their use of sub-contractors and their role as sub-contractors.
(6) Matters relative to tendering for internal and external contract works, including the authorisation where appropriate of external tendering.
(7) The consideration and approval of any arrangements to co-operate or combine with any other contracting units in the provision of services.
(8) The determination of appropriate personnel processes and practices, within overall Council policy, to support the efficient and effective delivery of the services concerned.
(9) The consideration of Joint Arrangements with suppliers or other parties to improve the effectiveness and/or efficiency of the service concerned.

Functions Delegated
5. All functions referred to the Sub-Committee except those marked * and except as provided in Section II hereof.

PERFORMANCE MONITORING PANEL

Constitution
1. Nine Members, being the Depute Leader (Finance) and the Executive Member for Corporate Improvement, together with four other Members from the Administration and three Members from the Opposition.

Chairman
2. The Chairman shall be the Executive Member for Corporate Improvement.

Quorum
3. Five Members of the Panel shall constitute a quorum.

Functions Referred
4. The following functions of the Executive shall stand referred to the Panel:-
(1) The co-ordination of arrangements for the regular monitoring of corporate and related service performance (including trading organisations and partnerships) consistent with the Local Government in Scotland Act 2003 Parts I and II ie. on Best Value and Community Planning.
(2) The regular consideration of Council performance against:-
- The Corporate Plan Improvement Action Plan
- Relevant Business Plan actions and initiatives
- Key performance indicators and other relevant performance indicators
- The revenue and capital budgets and associated financial statements
- Decisions taken by the Executive (in addition to the above)
- Matters which do not come to notice through the formal decision making process
(3) The consideration of public performance reporting mechanisms and content of items including:-
- Statutory Performance Indicators
- Annual Public Performance Report
- Council newspaper(s)
- Annual Accounts
(4) Ensuring appropriate public consultation in the context of any of the above.
(5) Ensuring the development of appropriate management information to facilitate the effective monitoring of Council performance.
(6) Advising the Executive on any of these matters as appropriate, and in particular on the requirement for any in-depth policy or practice review work arising from the monitoring of performance.

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