Contact: Jeff Pattison , Ext. 7321

1 Summary

1.1 Members will recollect that in the recent Constitution adopted by the Council reference was made to the Local Authorities (Functions and Responsibilities) (England) Regulations 2000 which provided amongst other things that certain functions could not be the sole responsibility of an authority's Executive. These provisions were incorporated within the Constitution as adopted.

1.2 During the summer the Government has made further Regulations, the Local Authorities (Functions and Responsibilities) (England) (Amendment) Regulations 2001, the main effect of which is to list a further more extensive list of functions which may not be the sole responsibility of the Executive. A list of these functions is contained in Appendix 1 to this report.

1.3 This report deals with the allocation of those functions contained within Part 1 of the Regulations and makes recommendations as to how these functions should be carried out in the future. It needs to be noted that these legislative provisions are mandatory upon the County Council.

2 Background

2.1 The Government has enacted the Local Authorities (Functions and Responsibilities) (England) (Amendment) Regulations 2001 (the 2001 Regulations), the effect of which is to list a further 48 functions which may now no longer be the sole responsibility of the County Council's Executive.

3 Functions

3.1 Similar functions are dealt with in Part 2 of the current Constitution. It is suggested that the 2001 Regulations are dealt with in the same way.

4 Recommendation

4.1 It is RECOMMENDED that those functions identified by an asterisk in Appendix 1 Functions 1-48 are discharged by Regulatory Committee A and that the Functions not so identified should be delegated to the appropriate Chief Officer, or officers, with responsibility for that remit, as determined by the Chief Executive, and that the Constitution be amended accordingly.

4.2 It is RECOMMENDED that the Council exercises those functions identified against "Council" in Appendix 1. (N.B. Most of these issues are already covered in the Constitution) and that the Constitution be amended accordingly.

5 Staff terms and conditions

5.1 Paragraph 37 of the Regulations - power to appoint staff, and to determine the terms and conditions on which they hold office (including procedures for their dismissal) has been included as a function the Executive cannot exercise. In the County Council's adopted Constitution this responsibility was included within the remit of the Leader of the Council.

5.2 This particular function, being excluded from the responsibility of the Executive, is a very surprising one and one which has caused confusion and discontent amongst a large number of authorities. On the basis of this statutory provision the Executive will be unable to determine the terms and conditions of staff, including the major changes currently being promoted as part of Employment in Hampshire County Council - a fundamental overhaul of the County Council's approach to pay and terms and conditions of employment. This function has clear financial and budgetary implications and has, until now, been thought of as a prime responsibility of the Executive.

5.3 It is RECOMMENDED that these functions be allocated to a small committee (Employment in Hampshire County Council Committee) of seven senior members (4:2:1) from all parties who would be given the appropriate decision making powers. Membership would be four Conservatives with the Leader as Chairman of the Committee, and the leaders of the Liberal Democrat Group plus one and the leader of the Labour Group. The terms of reference for this group would be "to determine the terms and conditions of service for staff employed by Hampshire County Council, including procedures for their dismissal". (N.B. Power to appoint is already covered by the Constitution and complies with the 2001 Regulations.) All other employment related matters such as training will remain as allocated in the Constitution.

6 Conclusion

6.1 This report considers the effect of the Local Authorities (Functions and Responsibilities) (England) (Amendment) Regulations 2001 and the action required to be undertaken by the County Council in allocating functions referred to in those Regulations which can no longer be the responsibility of the Executive. The report makes recommendations as to how those functions should be allocated.

6.2 Changes to the Constitution would normally be submitted via the Head of Corporate and Legal Services and Monitoring Officer and the Standards Committee for final determination by the full Council. However, as these changes to the Constitution are brought about by legislative provisions which must be complied with and as the timescale does not allow for the normal procedure to be undertaken, these proposed changes to the Constitution have been made directly to the Council.

Recommendation

1 That the recommendations in paragraphs 4 and 5 of the report be agreed.

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