At a Meeting of Hampshire County Council held at The Castle, Winchester on Thursday, 13 December 2001 at 11.00 a.m.

Chairman :

p Councillor A. W. Rice, TD

Vice-Chairman:

p Councillor P. R. C. Hutcheson

Councillors:

p Mrs S.E. Allbright

p D.G. Allen

p Mrs A.E. Bailey

p Mrs. E.S.M. Barron

p Mrs P.G. Banks

p R. J. Baulk

p I.F.E. Beagley

p Carol Boulton

p F.J. Bright

p P.R. Brown

p J.V. Bryant

Mrs. E.M. Byrom

p M.F. Cartwright

p K.G. Chapman

p P.J. Chegwyn

p J.E. Coles

p A.P. Collett

Rita Collins

p B.D. Dash

p C.R.H. Davidovitz

p G.W. Davies-Dear

p Mrs. P.M. Devereux

p Mrs. P. Dickens

p A.G. Dowden

p Dr. R.J. Ellis

p Capt. K.B. Estlin

p W.J. Filer

p Mrs. J.K. Frankum

p E.F. Gale, M.B.E.

p M.S. Geddes

D. Gillett

p Mrs S.M. Glasspool, D.L.

p J.K. Glen

p B.T. Gurden

p Mrs. D.R. Harrison

p S.A. Hayes

p P.A. Heath

p Mrs. K. Heron

p Felicity Hindson, M.B.E.

p Mrs. P.G.E. Holden-Brown

p K. House

p Jo Kelly

p M.J. Kendal

p R.J. Kimber

p D.A. Kirk

p T.G. Knight

p Mrs C.A. Leversha

p A.R. Ludlow

p P. Luffman

p P.K. Mason

p R.C. McIntosh

p Mrs. A.M. McNair Scott

p Mrs. P.G. Peskett

p P.A. Pierce

p R.H. Price, J.P.

p Mrs. E.M.F. Randall

p M.J. Roberts

p Sir James Scott

p K.P.J. Searle

p M.L. Sheehan

p Mrs. M.D. Snaith

p Mrs. V. Steel

p J.W. Stocks

p T.K. Thornber, C.B.E.

p J. Waddington

p Dr. J.G.L. Wall

p J.K. West

p Mrs P.A. West

p W.H. Wheeler

p M.J. Woodhall

p Jenny Wride

32. HONORARY ALDERMEN.

The Chairman presented certificates to Captain M.P.R. Boyle, DL, H.R. Cole, D.A. Keep and G.E. Raymond, MBE on whom the office of Honorary Alderman had been conferred by the Council. The Leader of the Council and other senior members also congratulated the new Honorary Aldermen, each of whom expressed his appreciation to the Council.

33. MINUTES.

The Minutes of the meetings of the County Council held on 13 September, 2001 were confirmed and signed by the Chairman.

34. DEPUTATIONS.

The Council received deputations pursuant to Standing Order 21 from:

(1) Mr. P. Davies concerning choice in 11-16 education in Hampshire; teacher supply and retention; and Post 16 education with particular reference to Fareham;


(2) Mr. R.K. Berry who spoke concerning traffic issues in the Twiggs Lane and Beaulieu Road area of Marchwood and presented a petition to the Leader of the Council.

35. CHAIRMAN'S COMMUNICATIONS.

The Chairman reported the impending retirement on 21 December 2001 of Beryl (Be) Gardner from the Members' Secretariat after 30 years dedicated service to the County Council. The Chairman made a presentation to Be on behalf of the Council as a token of Members' appreciation. Be thanked the Chairman for his kind words.

Since the September meeting of the County Council the Chairman had hosted two receptions in the Great Hall, the first to congratulate and thank members of staff who had achieved 25 years service with the County Council and the second to thank those who "safeguard Hampshire" including representatives from the Hampshire Constabulary; the Hampshire Fire and Rescue Authority; the Hampshire Ambulance Service and those of adjoining areas; countryside workers and their partner agencies who had helped to ensure that Hampshire remained free of foot and mouth disease, and transport officials for the role they had played in tackling the damage caused by the severe weather conditions last winter; Health; Social Services; and the Armed Forces.

The Chairman reported with pleasure his attendance at the "topping out" ceremony to mark the completion of the Edward Knight Centre, the former goods shed at the Watercress Line.

The Chairman also took the opportunity to report that the annual staff carol concert was to be held on 20 December. He also asked Members to note that the memorial service for Lord Carnarvon had been arranged for 17 January 2002.

The Chairman also reported, with deep regret, the recent passing of former County Councillors Sid Leyland and Jo Collett. The Leader of the Council and the Leaders of the Minority Groups, together with other Members paid tribute to the outstanding contribution made by these former Members to the quality of life of the Hampshire community. Members also paid tribute to the unfailing support of Cynthia Leyland for her late husband in his work. The Council stood in silence.

36. LEADER'S REPORT.

The Leader of the Council reported progress with the public inquiry into the Dibden Bay development proposal at Marchwood to which the County Council was a major objector. The Council would be represented at the inquiry throughout its anticipated 54 week life.

The Leader also reported the current position with regard to the development of the first phase of the rapid transit scheme being jointly promoted by the County Council and Portsmouth City Council to provide a light rapid transit link between Fareham, Gosport and Portsmouth. The Leader informed the Council that, on an informal basis for the moment, arrangements would be made for meetings with our partner local authorities as to the next phase of the project so that the County Council would be well prepared to make good progress now and in the future. The Working Party would comprise Councillors K.B. Estlin (Chairman), R.C. McIntosh, R.H. Price (Deputy P.J. Chegwyn), and Jenny Wride, together with a Labour representative.

It gave the Leader great pleasure to report excellent GCSE results for looked after children in Hampshire, a remarkable success given the size of the County Council's looked after children population. He also reported success for the County Council in its Urban Bus Challenge application, the Council having been awarded £460,700 over the three year period starting in April 2002. Of several bids made from the South East Region, the County Council's had been the only successful application. Congratulations were also extended to everyone involved with the School Governor Service and the County Council's Information Centres who, on reassessment, had retained their Charter Mark Gold Seal award.

The Leader reminded Members of the Special Meeting of the Council to be held on 30 January to consider the Education Development Plan and the Early Years Development and Child Care Implementation Plan. In conclusion he took the opportunity to report that in March 2002 a formal review of the Constitution would be undertaken and consideration given to what changes might be necessary in the light of 6 months' experience. This would be done in the form of a "Lessons Learned" workshop. All Members would be able to input their experience and ideas on the advantages and disadvantages of the new system. The Leader called for a period of stability in the meantime so that the system could be tested in a settled environment.

37. QUESTIONS UNDER STANDING ORDER 20(b)(i)

Councillor K.B. Estlin, Executive Member for Environment, answered a question from Councillor Jenny Wride in relation to the Urban Bus Challenge Fund and new bus links to deprived urban areas.

Councillor K.B. Estlin, Executive Member for Environment, answered a question from Councillor Jenny Wride on progress with Quality Bus Partnerships between local authorities and transport operators.

Councillor Felicity Hindson, MBE., Executive Member for Social Care, answered a question from Councillor Mrs. P.A. West concerning partnership working practices with Health Boards.

Councillor Felicity Hindson, MBE., Executive Member for Social Care, answered a question from Councillor R.J. Baulk concerning care for the most vulnerable.

Councillor K.B. Estlin, Executive Member for Environment, answered a question from Councillor C.R.H. Davidovitz concerning progress on the withdrawal of highway agency agreements.

Councillor K.B. Estlin, Executive Member for Environment, answered a question from Councillor R.J. Ellis concerning European funding for transportation and other projects.

Councillor Felicity Hindson, MBE., Executive Member for Social Care, answered a question from Councillor M.J. Roberts concerning Government targets and compliance with legal obligations.

38. APPOINTMENTS.

The Council considered a number of issues concerning membership and appointments including nominations.

(1) Councillor Rita Collins

ORDERED:

That, pursuant to Section 85 of the Local Government Act 1972, approval be given to the absence of Councillor Rita Collins from meetings due to her indisposition and that the Chairman be asked to write to Councillor Collins with the Council's best wishes.


(2) National Parking Adjudication Service Joint Management Committee

ORDERED:

That Councillor Mrs. P. Dickens be appointed to represent the County Council on the National Parking Adjudication Service Joint Management Committee until the Annual Meeting of the County Council in May 2005 subject to such changes as the County Council may from time to time wish to make.


(3) Danebury Trust

ORDERED:

That Councillor Jo Kelly be appointed to represent the County Council on the Danebury Trust until the annual meeting of the County Council in May 2005, subject to such changes as the County Council may from time to time wish to make.


(4) Gosport Road Safety Council

ORDERED:

That Councillors K.P.J. Searle and P. J. Chegwyn be appointed to represent the County Council on the Gosport Road Safety Council until the annual meeting of the County Council in May 2005, subject to such changes as the County Council may from time to time wish to make.


(5) Hampshire Archives Trust

Councillors Mrs. E.M.F. Randall and J.E. Coles were nominated for appointment to fill the vacancy caused by the death of
Councillor S. Leyland

ORDERED:

That Councillor Mrs. E.M.F. Randall be appointed to represent the County Council on the Hampshire Archives Trust until the annual meeting of the County Council in May 2005, subject to such changes as the County Council may from time to time wish to make.


(6) Sir Harold Hillier Gardens and Arboretum Management Committee

Councillors Mrs. E.S.M. Barron and Mrs K. Heron were nominated to fill the vacancy caused by the death of Councillor S. Leyland.

ORDERED:

That Councillor Mrs. K. Heron be appointed to represent the County Council on the Sir Harold Hillier Gardens and Arboretum Management Committee until the annual meeting of the County Council in May 2005, subject to such changes as the County Council may from time to time wish to make.


(7) Assembly of European Regions

ORDERED:

That Councillor A.P. Collett be appointed deputy for Councillor W.H. Wheeler as the County Council's representative on the Assembly of European Regions until the annual meeting of the County Council in

2005, subject to such changes as the County Council may from time to time wish to make.


(8) Hampshire Fire and Rescue Authority

ORDERED:

That Councillor R.J. Baulk be appointed a Member of the Hampshire Fire and Rescue Authority in place of Councillor M.S. Geddes.


(9) Education Policy Review Committee

ORDERED:

That Councillor Mrs. C.A. Leversha be appointed to the Education Policy Review Committee.


(10) Environment Policy Review Committee

ORDERED:

That Councillor K.P.J. Searle be appointed to the Environment Policy Review Committee and cease to be a Member of the Education Policy Review Committee forthwith.


(11) Recreation and Heritage Policy Review Committee

ORDERED:

That Councillor W.H. Wheeler be appointed to the Recreation and Heritage Policy Review Committee in place of Councillor Rita Collins.


(12) Social Care Policy Review Committee

ORDERED:

That Councillor W.H. Wheeler be appointed a Member of the Social Care Policy Review Committee in place of Councillor Rita Collins.


(13) Southampton Area Transport Strategy Panel

ORDERED:

That Councillor K.P.J. Searle be appointed a Member of the Southampton Area Transport Strategy Panel.


(14) South East Hampshire Transportation Strategy Panel

ORDERED:

That Councillor K.P.J Searle be appointed a Member of the South East Hampshire Transportation Strategy Panel.


(15) South Hampshire Rapid Transit Development Panel

ORDERED:


(i) That the South Hampshire Rapid Transit Development Panel be renamed the Light Rapid Transit Development Panel and the

Constitution at Part 2: Chapter 1, paragraph 10.2 be revised accordingly;


(ii) That Councillors M.S. Geddes and T.G. Knight be appointed Members of the Light Rapid Transit Development Panel in place of Councillors R.C. McIntosh and Jenny Wride.


(16) Lymington Coastal Area Advisory Panel and Management Committee

ORDERED:

That Councillors Mrs. P.G. Banks, J.E. Coles, Mrs. K. Heron and A.W. Rice, TD be appointed to the Lymington Coastal Area Advisory Panel and Management Committee.


(17) Martin Down Management Committee

ORDERED:

That Councillors Mrs. K. Heron and J. Waddington be appointed to the Martin Down Management Committee.


(18) Yateley Common Management Committee

ORDERED:

That Councillors A.P. Collett, J.K. Glen, P.R.C. Hutcheson and J.W. Stocks be appointed to the Yateley Common Management Committee.


(19) Education Policy Review Committee

ORDERED:

That Reverend D. Isaac be appointed Church of England deputy member on the Education Policy Review Committee.


(20) Chichester Harbour Conservancy

ORDERED:

That the action of the Chief Executive in arranging for Councillor R.J. Ellis (Conservative Deputy Councillor D. Gillett) to replace Councillor J. Waddington as a County Council representative on the Conservancy be confirmed.

39. STANDARDS COMMITTEE AND MONITORING OFFICER - PART I - THE CONSTITUTION.

Part I of the report of the Standards Committee and the Monitoring Officer was presented. The Chairman of the Standards Committee, Councillor P.A. Pierce, reported on the work of the Committee and the Monitoring Officer, Mr. J.A. Pattison, reported on the changes to the Constitution required by the Local Authorities (Standing Orders) (England) Regulations 2001.

ORDERED:

(1) That the following changes be made to the Constitution


(i) Pension Fund Panel

Constitution to state explicitly that the Pension Fund Panel is the Committee responsible for undertaking those functions identified in the pre-existing terms of reference, and that any references in the Constitution to this function being undertaken by Regulatory Committee B be deleted.


(ii) Access to Information and Call-in

At Part 3:B of the Constitution to clarify Paragraph 2.9 (iv), the words "if appropriate" be added at the end of the paragraph.


(iii) Policy Review

At Part 3:D of the Constitution, Paragraph 1.4 to be clarified to state that Co-opted Members of Policy Review Committees are non-voting; and to confirm that this provision is different from that relating to the Education Policy Review Committee's Co-opted Members referred to in Paragraph 1.5 (a), (b), and (c) only who do have voting rights.


(iv) Nomenclature

All references to "Executive Member for Recreation, Heritage and Culture" and "Policy Review Committee for Recreation, Heritage and Culture" be amended in each case by the deletion of the words "and Culture".


(v) Protocol for Member/Officer Relations

To make explicit Members' responsibility for the proper use of equipment supplied to them, the following wording be added to paragraph 3.2 of the Protocol found at Part 4:3 of the Constitution:

"Any such equipment provided by the Council, such as personal computers, must however only be used in accordance with any Council policies which apply at the time. Furthermore, the Member will be fully responsible for the use or misuse of the equipment, including any use or misuse by anyone to whom the Member has given access to the equipment".


(vi) Area based Committees and Panels

Part 1, Chapter 10, Paragraph 10.2 to be expanded to add "In and Around North Hampshire" to the list of statutory Joint Committees reporting to the Leader; and The River Hamble Harbour Management Sub-Committee renamed The River Hamble Harbour Management Committee.


(vii) Appointments to Committees, Sub-Committees, Panels

At Part 2: Chapter 1, Paragraph 3.2 under the Schedule of Functions for each of the Executive Members add the following additional sentence:
"Appointments to relevant outside bodies not on a proportional basis in consultation with the minority parties."; and, in order to fill vacancies promptly without having to wait for a County Council meeting, Part 2, Chapter 1, at Paragraph 1.3, a new Paragraph 16 be added as follows:

Function	Decision making Body	Taking the Decision	Delegation of Functions
16. Appointments to Committees etc. of the Council to which proportionality rules apply	Council	Council Members	Chief Executive

(viii) River Hamble

Under Part 2: Chapter 1 Paragraph 1.3 in the Schedule of Functions add a further new paragraph, paragraph 17, as follows:

Function	Decision making Body	Taking the Decision	Delegation of Functions
17. Functions of The Council as River Hamble Harbour Authority	Executive	Executive Member for Environment	Appropriate Chief Officer

(ix) That Standing Order 41 be replaced by the following:-

Replacement Standing Order 41

"41. Appointment, Dismissal and Disciplinary action in respect of Senior Officers


41.1 In this Part -

"the 1989 Act" means the Local Government and Housing Act 1989;

"the 2000 Act" means the Local Government Act 2000; "disciplinary action" has the same meaning as in the Local

Authorities (Standing Orders) (England) Regulations 2001;

"executive" and "executive leader" have the same meaning as in Part II of the 2000 Act;

"member of staff" means a person appointed to or holding a paid office or employment under the authority;

and "proper officer" means an officer appointed by the authority for the purposes of the provisions in this Part.

41.2 Subject to paragraphs 41.3 and 41.7, the function of appointment and

dismissal of, and taking disciplinary action against, a member

of staff of the authority must be discharged, on behalf of the

authority, by the officer designated under section 4(1) of the 1989 Act (designation and reports of head of paid service) as the

head of the authority's paid service or by an officer nominated

by him.

41.3 Paragraph 41.2 shall not apply to the appointment or dismissal of, or

disciplinary action against -

(a) the officer designated as the head of the authority's paid service;
(b) a statutory chief officer within the meaning of section 2(6) of the

1989 Act (politically restricted posts);
(c) a non-statutory chief officer within the meaning of section 2(7)

of the 1989 Act;
(d) a deputy chief officer within the meaning of section 2(8) of the

1989Act; or
(e) a person appointed in pursuance of section 9 of the 1989 Act

(assistants for political groups).

41.4 (1) Where a committee, sub-committee or officer is discharging, on behalf of the authority, the function of the appointment or dismissal of an officer designated as the head of the authority's paid service, the authority must approve that appointment before an offer of appointment is made to him/her or, as the case may be, must approve that dismissal before notice of dismissal is given to him/her.

(2) Where a committee or a sub-committee of the authority is discharging, on behalf of the authority, the function of the appointment or dismissal of any officer referred to in sub-paragraph (a), (b), (c) or (d) of paragraph 41.3, at least one member of the executive must be a member of that committee or sub-committee.

41.5 (1) In this paragraph, "appointor" means, in relation to the appointment of a person as an officer of the authority, the authority or, where a committee, sub-committee or officer is discharging the function of appointment on behalf of the authority, that committee, sub-committee or officer, as the case may be.

(2) An offer of an appointment as an officer referred to in sub-paragraph (a), (b), (c) or (d) of paragraph 41.3 must not be made by the appointor until

(a) the appointor has notified the proper officer of the name of the person to whom the appointor wishes to make the offer and any other particulars which the appointor considers are relevant to the appointment;


(b) the proper officer has notified every member of the executive of the authority of -

(i) the name of the person to whom the

appointor wishes to make the offer;
(ii) any other particulars relevant to the

appointment which the appointor has

notified to the proper officer; and
(iii) the period within which any objection to the

making of the offer is to be made by the executive leader on behalf of the executive to the proper officer; and

(c) either -

(i) the executive leader has, within the period

specified in the notice under sub-paragraph

(b) (iii) notified the appointor that neither he/she nor any other member of the executive has any objection to the making of the offer;

(ii) the proper officer has notified the appointor that no objection was received by him/her within that period from the executive leader; or

(iii) the appointor is satisfied that any objection received from the executive leader within that period is not material or is not well-founded.

41.6 (1) In this paragraph, "dismissor" means, in relation to

the dismissal of an officer of the authority, the

authority or, where a committee, sub-committee or other officer is discharging the function of dismissal on behalf of the authority, that committee, sub-committee or other officer, as the case may be.

(2) Notice of the dismissal of an officer referred to in sub-

paragraph (a), (b), (c) or (d) of paragraph 41.3 must not be given by the dismissor until -

(a) the dismissor has notified the proper officer of

the name of the person who the dismissor wishes to dismiss and any other particulars which the dismissor considers are relevant to the dismissal;

(b) the proper officer has notified every member of the executive of the authority of -

(i) the name of the person who the

dismissor wishes to dismiss;

(ii) any other particulars relevant to the

dismissal which the dismissor
has notified to the proper officer; and

(iii) the period within which any objection to

the dismissal is to be made by the executive leader on behalf of the executive to the proper officer; and

(c) either -

(i) the executive leader has, within the

period specified in the notice under sub-paragraph (b)(iii), notified the dismissor that neither he/she nor any other member of the executive has any objection to the dismissal;

(ii) the proper officer has notified the dismissor that

no objection was received by him/her within

that period from the executive leader; or

(iii) the dismissor is satisfied that any objection received from the executive leader within that period is not material or is not well-founded.

41.7 Nothing in paragraph 41.2 shall prevent a person from serving

as a member of any committee or sub-committee established by the authority to consider an appeal by -

(a) another person against any decision relating to the

appointment of that other person as a member of staff

of the authority; or

(b) a member of staff of the authority against any

decision relating to the dismissal of, or taking

disciplinary action against, that member of staff.

41.8 Where the Council proposes to appoint any officer referred to in Standing Order 41.3 and it is not proposed that the appointment be made exclusively from among its existing Officers, it should:

a) draw up a statement specifying:

i) the duties of the officer concerned


ii) any qualifications or qualities to be sought in the person to be appointed

b) make arrangements for the post to be advertised in such a way as is likely to bring it to the attention of people who are qualified to apply for it


c) make arrangements for a copy of the statement mentioned in paragraph (a) to be sent to any person, on request

41.9 a) Where a post has been advertised as provided

by this Standing Order, the panel referred to

in Standing Order 41.10 below shall:

i) interview all qualified applicants for the post, or


ii) interview those qualified applicants included on a selected short list

b) where no qualified person has applied, the Council shall

make further arrangements for advertisement in accordance with 41.8 (b) above.

41.10 Appointments of any officer referred to in Standing Order 41.3 under this Standing Order shall be made by a panel of members which shall comprise:

a) the Leader and the Deputy Leader


b) executive member responsible for the service (or the Leader's nominee in the case of a chief executive or chief officer of a central service appointment)

c) the Chairman or Vice-Chairman of the Policy Review

(Scrutiny and Overview) Scrutiny Committee primarily

concerned with the functions of that Chief Officer or Monitoring Officer (or the nominee of the chairman of

that Committee)


cdc) the requisite number of other members (to be nominated by relevant political group leaders) to achieve the proportionality required by the provisions of the Local Government and Housing Act 1989."

(x) That Standing Order 44 be replaced by the following:-

Replacement Standing Order 44

"44. Head of Paid Service, Chief Finance Officer, Monitoring Officer - disciplinary action


44.1 In paragraph 44.2, "chief finance officer", "council manager",

"disciplinary action", "head of the authority's paid service" and

"monitoring officer", have the same meaning as in Regulation 2 of

the Local Authorities (Standing Orders) (England) Regulations 2001 and "designated independent person" has the same meaning as in Regulation 7 of those Regulations.

44.2 No disciplinary action in respect of the head of the authority's paid service (unless he/she is also a council manager of the authority), its monitoring officer or its chief finance officer, except action described in paragraph 44.3, may be taken by the authority, or by a committee, a sub-committee, a joint committee on which the authority is represented or any other person acting on behalf of the authority, other than in accordance with a recommendation in a report made by a designated independent person under Regulation 7 of the Local Authorities (Standing Orders) (England) Regulations 2001 (investigation of alleged misconduct).

44.3 The action mentioned in paragraph 44.2 is suspension of the officer for the purpose of investigating the alleged misconduct occasioning the action; and any such suspension must be on full pay and terminate no later than the expiry of two months beginning on the day on which the suspension takes effect."

(xi) That the following additional Standing Orders relating to

proceedings and business be approved; that existing Standing Order 6.1 be retained and existing Standing Order 6.2 be renumbered 6.12:-

Additional Standing Orders relating to proceedings and business

"6.2 Where the executive of the authority has submitted a draft plan

or strategy to the authority for its consideration and, following

consideration of that draft plan or strategy, the authority has any

objections to it, the authority must take the action set out in paragraph
6.3.

6.3 Before the authority -

(a) amends the draft plan or strategy;
(b) approves, for the purpose of its submission to the

Secretary of State or any Minister of the Crown for

his/her approval, any plan or strategy (whether or
not in the form of a draft) of which any part is required

to be so submitted;
or
(c) adopts (with or without modification) the plan or

strategy,

it must inform the executive leader of any objections which it has to the draft plan or strategy and must give to him/her instructions requiring the executive to reconsider, in the light of those objections, the draft plan or strategy submitted to it.

6.4 Where the authority gives instructions in accordance with

paragraph 6.3, it must specify a period of at least five working

days beginning on the day after the date on which the executive leader receives the instructions on behalf of the executive within which the executive leader may -

(a) submit a revision of the draft plan or strategy as

amended by the executive (the "revised draft plan or

strategy"), with the executive's reasons for any
amendments made to the draft plan or strategy, to the

authority for the authority's consideration; or
(b) inform the authority of any disagreement that the

executive has with any of the authority's objections and the executive's reasons for any such disagreement.

6.5 When the period specified by the authority, referred to in

paragraph 6.4, has expired, the authority must, when -

(a) amending the draft plan or strategy or, if there is one, the revised draft plan or strategy;

(b) approving, for the purpose of its submission to the Secretary of State or any Minister of the Crown for his/her approval, any plan or strategy (whether or
not in the form of a draft or revised draft) of which any part is required to be so submitted; or

(c) adopting (with or without modification) the plan or strategy,

take into account any amendments made to the draft plan or strategy that are included in any revised draft plan or strategy, the executive's reasons for those amendments, any disagreement that the executive has with any of the authority's objections and the executive's reasons for that disagreement, which the executive leader submitted to the authority, or informed the authority of, within the period specified.

6.6 Subject to paragraph 6.10, where, before 8 February in any

financial year, the authority's executive submits to the authority for its consideration in relation to the following financial year -

(a) estimates of the amounts to be aggregated in making a

calculation (whether originally or by way of substitute)

in accordance with any of sections 32 to 37 or 43 to 49,

of the Local Government Finance Act 1992;

(b) estimates of other amounts to be used for the purposes of such a calculation;

(c) estimates of such a calculation; or

(d) amounts required to be stated in a precept under Chapter IV of Part 1 of the Local Government Finance Act 1992,


and following consideration of those estimates or amounts the authority has any objections to them, it must take the action set out in paragraph 6.7.


6.7 Before the authority makes a calculation (whether originally or by way of substitute) in accordance with any of the sections referred to in paragraph 6.6(a), or issues a precept under Chapter IV of Part I of the Local Government Finance Act 1992, it must inform the executive leader of any objections which it has to the executive's estimates or amounts and must give to him instructions requiring the executive to reconsider, in the light of those objections, those estimates and amounts in accordance with the authority's requirements.

6.8 Where the authority gives instructions in accordance with paragraph 6.7, it must specify a period of at least five working days beginning on the day after the date on which the executive leader receives the instructions on behalf of the executive within which the executive leader may -

(a) submit a revision of the estimates or amounts as

amended by the executive ("revised estimates or

amounts"), which have been reconsidered in
accordance with the authority's requirements, with the

executive's reasons for any amendments made to the

estimates or amounts, to the authority for

the authority's consideration; or
(b) inform the authority of any disagreement that the

executive has with any of the authority's objections and the executive's reasons for any such disagreement.

6.9 When the period specified by the authority, referred to in paragraph 6.8, has expired, the authority must, when making calculations (whether originally or by way of substitute) in accordance with the sections referred to in paragraph 6.6(a), or issuing a precept under Chapter IV of Part I of the Local Government Finance Act 1992, take into account -

(a) any amendments to the estimates or amounts that are

included in any revised estimates or amounts;
(b) the executive's reasons for those amendments;
(c) any disagreement that the executive has with any of the

authority's objections; and
(d) the executive's reasons for that disagreement,

which the executive leader submitted to the authority, or informed the authority of, within the period specified.

6.10 Paragraphs 6.6 to 6.9 shall not apply in relation to -

(a) calculations or substitute calculations which an authority is

required to make in accordance with section 52I, 52J, 52T or

52U of the Local Government Finance Act 1992; and
(b) amounts stated in a precept issued to give effect to calculations

or substitute calculations made in accordance with section

52J or 52U of that Act.


6.11 In this Standing Order

"executive" and "executive leader" have the same meaning as in Part II

of the Local Government Act 2000; and

"plan or strategy" and "working day" have the same meaning as in the

Local Authorities (Standing Orders) (England) Regulations 2001."

(2) That the following terms of reference be approved:-

The River Hamble Management Committee shall:-

· advise the Executive Member for Environment in connection with the discharge by him of the County Council's functions in respect of the River Hamble.


· prepare and maintain a strategic plan for the management of the River Hamble within the context of which individual decisions can be made by the Executive Member for Environment, the Executive Member consulting as necessary with the Executive Member's Group.


· assess and evaluate matters raised by the Advisory Committee to assist the Executive Member in decision making.


· to receive for information and comment an Annual Report from the Executive Member for Environment in connection with the discharge of the Council's functions in respect of the River Hamble.


The River Hamble Executive Member's Group shall advise and assist the Executive Member for Environment in connection with individual matters referred to the Executive Member for decision, within the context of the strategic objectives agreed by the River Hamble Management Committee.


The River Hamble Advisory Committee shall:-


· advise the River Hamble Management Committee on the development of its strategic plan for the management of the River.


· raise any issues concerning the management of the River Hamble that require consideration by the Executive Member for Environment.


· receive for information and comment an Annual Report from the Executive Member for Environment in connection with the discharge of the Council's functions in respect of the River Hamble.


(3) That the River Hamble Advisory Committee comprise the following

members:-

Executive Member (Chairman)

Representatives from: Numbers

Crown Estate 1

Parish Councils (Botley, Bursledon, Hamble and 4

Curdridge)

Fareham Borough Ward Members (Sarisbury and 2

Warsash)

Environment Agency 1

English Nature (or Wildlife Trust) 1

Hampshire and Wight Trust for Maritime Archaeology 1

Southern Tourist Board 1

Southampton and Fareham Chamber of Commerce 1

River Users: 8

Association of Hamble River Yacht Clubs

Marina Berth Holders Association

River Hamble Mooring Holders Association

Hamble River Boatyard and Marina Operators Association


Southern Marine Industries Association

Royal Yachting Association

Southern Sea Fisheries District Committee

Marine Police Unit - Hampshire Constabulary

40. EXECUTIVE MEMBER FOR EDUCATION - PART I - TERMS OF REFERENCE FOR PANELS.

ORDERED:

(1) That the terms of reference of the Schools Monitoring Panel be approved as follows:


(i) To review the situation at schools identified as having serious weaknesses or being in need of special measures, to consider the circumstances leading to any schools being so designated, to assess the Action Plan for overcoming the schools' deficiencies, to monitor progress and to make recommendations as appropriate.


(ii) To review the possible appointment of additional governors and/or the suspension of a school's right to a delegated budget and to make recommendations as appropriate;


(iii) To monitor the performance of schools generally to assess performance data on schools' standards and results; to consider ways in which schools may further improve their performance and the support being provided by the Education Department towards that end, and to make recommendations as appropriate.


(iv) To monitor and evaluate the progress of the Education Development Plan 2002/07.


(2) That the Youth Service Panel be renamed the Youth Panel and its terms of reference be approved as follows:-


(i) To provide a focus for cross-departmental policy for young people to ensure coordinated development across the County Council in response to their needs, to advise on the means whereby young people can be involved in the development of such policies and to make recommendations as appropriate.


(ii) To provide a forum for consultation with users of and partners in the Youth Service, notably District Councils, young people and the Hampshire Council for Voluntary Youth Services, to advise on the development of policies for joint working and to make recommendations where appropriate.


(iii) Preparation of the development plan and other policies for the Youth Service.


(iv) Detailed matters referred to them on the Youth Service Budget and other specific youth projects.


(v) Criteria for the allocation of grants to voluntary youth organisations, levels of delegation to officers, and any specific grants referred to them for advice.

41. CARE IN THE HOME.

The Council considered the following motion proposed by Councillor Mrs. P.G.E. Holden-Brown, seconded by Councillor A.G. Dowden, notice of which had been given in accordance with Standing Order 17:

"This Council congratulates our Social Services Department for achieving top assessments in the Department of Health's Annual Performance Indicators in the six areas listed below, despite having to cope with a grossly inadequate level of funding. Those six areas are:

· stability of placements of looked after children

· re-registrations on the Child Protection Register

· inspections of all children's homes

· inspections of all older persons' homes

· admissions of adults to nursing or residential homes

· admissions of older people to nursing or residential homes


This Council notes with grave concern, however, that the same

Department of Health assessment placed Hampshire County Council at the

very bottom of the league of 150 Social Service Authorities with regard to Care in the Home.

This Council recognises the importance of care in the home in enabling elderly people to continue to live independent and fulfilling lives and that investment in this crucial area of work can also lead to savings later on when fewer people need to be taken into care or hospital.

Whilst recognising that there may have been some inaccuracies and inadequacies in the figures this Council supplied to the Department of Health, and that there may be some inconsistency in the comparisons made between Social Service Authorities, this Council nonetheless regards this as a very serious issue and resolves that the Social Care Policy Review Committee and the Cabinet bring forward appropriate proposals for the County Council budget in February."

Councillor Felicity Hindson, MBE, seconded by Councillor M.L. Sheehan, proposed an amendment which, on being put to the vote, was carried and is incorporated in the resolution below.


ORDERED:


This Council congratulates our Social Services Department for achieving top assessments in the Department of Health's Annual Performance Indicators in the six areas listed below, despite having to cope with a grossly inadequate level of funding. Those six areas are:


· stability of placements of looked after children

· re-registrations on the Child Protection Register

· inspections of all children's homes

· inspections of all older persons' homes

· admissions of adults to nursing or residential homes

· admissions of older people to nursing or residential homes


This Council recognises the importance of care in the home in enabling elderly people to continue to live independent and fulfilling lives and that investment in this crucial area of work can also lead to savings later on when fewer people need to be taken into care or hospital.


The Council


· recognises that inadequate Government funding forces the Social Services Department to prioritise and focus resources on those who are most vulnerable.


· accepts that the electronic system currently used for counting the numbers of people receiving services cannot record a great many people who are receiving a whole range of low level services, some of which are provided by the voluntary sector with funding from the County Council.


· notes that the Social Care Policy Review Committee is about to conduct a Best Value Review of Care at Home and will consider the Department of Health's Annual Performance Indicators at a future meeting.


· welcomes the additional resources for services in the home made possible by the Cash for Change initiative and the Public Service Agreement which the County Council expects to conclude with the Government.

42. HAMPSHIRE POLICE AUTHORITY

Councillor S.A. Hayes, the nominated spokesman for the Hampshire Police Authority, presented the report of the Authority.

Pursuant to Standing Order 20(d) Councillor Hayes answered a question from Councillor M.J. Roberts concerning community liaison.

43. HAMPSHIRE FIRE AND RESCUE AUTHORITY

Councillor M.F. Cartwright, Chairman of the Hampshire Fire and Rescue Authority presented the report of the Authority.

Pursuant to Standing Order 20(e) Councillor Cartwright answered a question from Councillor M.J. Roberts concerning health and safety.

44. MATTERS FOR INFORMATION OR WITHIN DELEGATED POWERS

The Part II report of the Cabinet, comprising matters for information or within delegated powers, was presented, received and adopted in respect of
Paragraphs 47 to 50 inclusive.

During consideration of Paragraph 51 the Police requested evacuation from the Council Chamber following a security alert. The remaining Part II reports would be presented at the meeting in February 2002.

The meeting closed at 6.25 p.m.

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