Decision details

Date of Decision:

02/05/2023

Title:

Delegation of Powers to City of Doncaster Council

Decision Maker:

(Including Job Title)

Paul Woodcock

Strategic Director Regeneration and Environment.

Details of Specific Cabinet Delegation

or Delegation contained in the relevant Sub-Scheme of Delegation.

The Local Authorities (Arrangements for the Discharge of Functions) (England) Regulations 2012 enable arrangements to be made for the discharge of functions, which are the responsibility of a local authority executive, by another local authority or an executive of another local authority.  Rotherham Council’s Constitution makes provision for delegating powers to other Local Authorities in Article 12 (Joint Arrangements), which states:

Joint arrangements with other Councils

12.2 The Council may establish joint arrangements with one or more councils or their executives (or both) to exercise non-executive functions in any of the participating authorities, or advise the Council.

12.3 The Cabinet may establish joint arrangements with one or more councils, or their executives, or both to exercise functions that are executive functions.

At Section 4C of Appendix 9: Responsibility for Functions, of the Constitution, it states:

1 This officer delegation scheme sets out the executive functions delegated to officers by the Leader under his/her Executive Arrangements (The executive functions delegated by the Leader should be construed in a broad and inclusive fashion to include the doing of anything which is calculated to facilitate or is conducive or incidental to the discharge of those functions. They should not however be understood to include any Council function)

.

8. Delegations set out in this scheme will be read in conjunction with all provisions of the Council’s Constitution, and decisions taken by officers in accordance with this scheme will be taken in accordance with all relevant rules and protocols.

Appendix 9 continues, at Section 4C6, stating:

The Strategic Director of Regeneration and Environment is authorised to discharge executive functions for:-

1. Community Safety and Street Scene

(a) Community Safety, Resilience and Emergency Planning

(b) Highways and Network Management

(c) Regulation and Enforcement

(d) Waste and Street Scene

The Constitution continues at the Sub Scheme of Delegation Strategic Director of Regeneration of Environment at page 1, to state:

The Strategic Director has chosen to sub-delegate some or all of those functions to officers of suitable experience and seniority in his/her own directorate or in another directorate

Decision:

1.     To authorise entering into a further shared service arrangement with City of Doncaster Council, which delivers on the spot enforcement for a range of offences.

2.     To delegate to City of Doncaster Council the exercise of executive functions relating to enforcement of various environmental, anti-social behaviour and parking enforcement matters, where fixed penalty notices may be issued.

Reasons for the Decision:

In order to allow for the continuation of littering and associated enforcement

Details of alternative options considered and rejected:

Option 1: A decision may be made to no longer engage in service provision via agreement with the City of Doncaster Council. The Council no longer has the capacity to deliver these enforcement functions, and this option would require additional investment in in-house service provision to fulfil these duties.

Option 2: Relevant powers should be delegated to the City of Doncaster Council to ensure the Council are in a position to engage in the future arrangements for new service provision.

Conflicts of interest declared by any Cabinet Member consulted by the decision maker which relates to the decision:

None

Dispensations Granted:

(If any)

None

Reports or parts of reports considered

Report - Delegation of Powers to City of Doncaster Council

Report Author-  Lewis Coates Service Manager - Regulation and Enforcement