Terms of Reference Full Council

Adoption and amendment of the Council’s Corporate Strategy

None

Comments on Cheshire East Borough Council Community Plans

None

Observations on policy or strategy documents by any public body at local, national, regional or sub regional level

Reserved for Council, unless specifically delegated within the Terms of Reference of a particular committee.

Approval and amendment of:

• Standing Orders
• Committee Terms of Reference and Delegation
• Council Policies
• Corporate Business Plan Policies
• Codes and Protocols
• Appendices

None

Endorsement of Town Plan or Similar

None

Adopting and changing the constitution, Standing Orders for Contract and Financial Regulations

None

Approving Annual Budget, Precept and Medium Term Forecast.

None

Any delegated decision which may mean a breach of Council Policy or Budget.

None

Election of the Mayor and the Deputy Mayor

None

Agreeing and/or amending the Terms of Reference for Committees, deciding on their composition and making appointment to them.

None

Appointment of Members or Officers to outside bodies

None

Members reporting back from outside bodies

Relevant Committee

Adopting an allowance scheme for members

None

Changing the name of the Town Council

None

Conferring the title of Honorary Aldermen  and Honorary Alderwomen or Certificates of Recognition of Outstanding Service.

None

Making, amending, revoking, re-enacting or adopting Bylaws,

None

To represent the view of the local community on matters of significance

None

Power to make payment or provide other benefits in cases of fault of maladministration.

Finance Committee up to £1,000.

Appeals against any decision made on behalf of the Authority.

As set out in Personnel Policies and the Complaints Procedure.

Decision on issues relating to Data Protection, Access to Information, Freedom of Information and Human Rights

Town Clerk to renew data protection policy and make amendment if necessary.

To monitor and control the Council’s Ethical Framework

Town Clerk to obtain declarations and complaints and to act as necessary for Monitoring Officer.

To institute or defend legal proceedings including proceedings for an injunction, to authorise the carrying out of works in default of a notice, and to lodge and appeal against any court decision.

None

In the cases of urgency, the Town Clerk in consultation with The Mayor or Deputy Mayor.

1. All powers of the Council in case of civil emergency.
   
   
   
2. All powers of the Council in the case of urgency.

The Town Clerk in consultation with two of: The Mayor, Deputy Mayor and other Councillor

The Town Clerk in consultation with two of: The Mayor, Deputy Mayor and other Councillor. Subject to reporting justification to the next Council meeting.

Election issues and filling of Councillor vacancies

None

Power to direct as to the Custody of town documents

None

All duties of the Proper Officer and Responsible Financial Officer under legislation, Standing Orders, for Contract including the issue of notifications and signing documents.

Town Clerk

To direct which post holders will be designated Proper Officer to the Council and Responsible Financial Officer.

None-but on recommendation of Personnel Committee.

To determine the overall staffing structure and approval of additional posts.

None

Confirming the appointment of Town Clerk

The appointment, subject to confirmation by Council is delegated to Personnel Committee.

Other Personnel Matters

As set out in Terms of Reference for the Personnel Committee.

Health and Safety – General Statement and Organisation

None

Arrangement to Personnel Committee

Conducting Best Value Reviews if appropriate

Finance Committee

Administration of the Complaints Procedure

As set out in Complaints Procedure

Authorisation of Payment of Accounts

Council/Finance Committee/Town Clerk in accordance with Financial Regulations

Approval of Annual Return and Statement of Accounts

None

Approval of Banking Arrangements

None

Power to approve projects on recommendation from Standing Committees and to implement with or without budget

None

Approval or Orders for work, goods or services

Council/Finance Committee/Town Clerk in accordance with Financial Regulations.

Audit Arrangements

• Town Clerk to manage in accordance with Financial Regulations.
• Council to approve annual internal and external audit report.
• Finance Committee to consider interim audit report.

Power to accept gifts, Local Government Act 1972, S139

None

Power to participate in scheme of collective investment, Trustees Investment Act 1962, S11

None

To arrange extra meeting

Town Clerk in consultation with Chair

To monitor actions on minutes of the Committee

Committee

To manage services for which they are responsible within an approved budget and policy

Committee

To authorise spending/issue works orders within budgets delegated to a committee.

Committee

Power to acquire by agreement, to appropriate, to dispose of land LGA 1972, S124, 126, 127.

None

Power to accept gifts of land, LGA 1972, S139

None

Power to acquire land for open spaces, Public Health Act 1875, S164; Open Spaces Act 1906, S9 and 10.

None for acquisition

Assets and Services Committee for maintenance

NB Any non-financial action delegated to the Town Clerk may in their absence be undertaken by the Deputy after seeking relevant advice, if the matter cannot wait until the Town Clerk’s return.

NB Any financial action delegated to the Town Clerk may in his/her absence be undertaken by the Deputy after seeking relevant advice, if the matter cannot wait until the Town Clerk returns.

To take on services from other local authorities or public bodies (LGA 1972 , S101, 111 & 112.

None

To undertake services for another local authority or public body

None