Agenda item

Delegation of Powers.

Minutes:

Consideration was given to the report presented by the Legal Adviser to the Barnsley, Doncaster and Rotherham Joint Waste Board, which outlined certain provisions of the Inter-Authority Agreement (“IAA2”) that had been signed by Barnsley, Doncaster and Rotherham Councils on 30th March, 2012.

 

IAA2 provided for the creation of a Joint Waste Board and consideration was given to how the functions of the Joint Waste Board would be delegated to the Barnsley, Doncaster and Rotherham Steering Committee and the BDR Manager, to ensure that the day-to-day decisions required under the Waste PFI Contract could be discharged effectively.

 

The structure of the BDR Steering Committee was considered and included Assistant Director/Director level representatives from each of the three Councils.

 

Under IAA2, certain matters were reserved to the Authorities for a unanimous decision, but all other decisions were delegated to the Joint Waste Board. The Local Government Act 1972 did not permit the delegation of powers to be exercised jointly by a committee of officers.  It was therefore proposed that the Joint Waste Board should delegate its powers to one of the BDR Steering Committee officers (the “Authorised BDR Steering Committee Member”) who would then act in consultation with the others.  This officer could then in turn delegate certain functions to the BDR Manager.

 

Discussion ensued on the proposals and the following issues were raised:

 

  • The role of Authorised BDR Steering Committee Member should rotate through each of the three Councils in turn;
  • It would be necessary to ensure that the role of Authorised BDR Steering Committee Member and Chair of the Joint Waste Board were not the responsibility of the same Council during any one Municipal Year;
  • The question of the delegation of functions to the BDR Manager would be subject to further consideration by Doncaster Council at its Cabinet meeting on 6th August, 2012;
  • All reputational issues should be referred to the members of the Joint Waste Board for information on an ongoing basis.

 

Resolved: -  (1)  That, with the exception of decisions reserved to the Authorities for a unanimous decision, all decisions in respect of the Waste PFI Contract be delegated by the Barnsley, Doncaster and Rotherham Joint Waste Board to the Authorised BDR Steering Committee Member, in consultation with the other Steering Committee members.

 

(2) That, subject to further consideration by Doncaster Council at its Cabinet meeting on 6th August 2012, the Authorised BDR Steering Committee Member be authorised to delegate certain decisions to the BDR Manager.

 

(3)  That, subject to further consideration by Doncaster Council at its Cabinet meeting on 6th August 2012, the BDR Manager be authorised to delegate any decisions delegated to them to a member of the Joint Waste Team (if the right to delegate is granted by the Authorised BDR Steering Committee Member).

 

(4)  That all matters having the potential to damage the reputation of any of the Authorities be referred to the Joint Waste Board for information.

 

(5)  That the first Authorised BDR Steering Committee Member will be the Barnsley Metropolitan Borough Council representative, or, in their absence, their nominated deputy.

 

(6)  That the roles of Authorised BDR Steering Committee Member and Chair of the BDR Joint Waste Board would both rotate on an annual basis but would not be from the same Authority in any Municipal Year.