Argyll and Bute Council Constitution - Section Three

Delegations to Officers

The functions, powers and duties delegated to the Chief Executive and each Executive Director are also exercisable by such Officers as are designated by them, subject to the provision of any law, and provided the designated Officers are suitably qualified.

Limitation of Delegations to Officers

1. Delegations to Officers set out in this Section are subject always to the following:-
   1. Officers will exercise the authority delegated to them having regard to and in accordance with the policies adopted by the Council from time to time; and will act in the interests of the Council;
       
   2. Officers will comply with any appropriate departmental practice or procedure, of any managerial instruction given, and of any other similar consideration;
       
   3. Officers will exercise the authority delegated to them in accordance with any relevant provisions contained elsewhere in the Council’s Constitution;
       
   4. Officers will have the right to consult with the Chief Executive on any matter, even though it has been specifically delegated to that Officer, or to refer the matter to an appropriate body of Members established in terms of this Scheme;
       
   5. Officers will consult the Chief Executive or any relevant Executive Director where appropriate to do so on issues of a corporate nature or which may have a significant impact on the Council or other Services or on issues which are sensitive or complex;
       
   6. Officers will consult the Leader or Policy Lead or Chair of the appropriate Committee on issues which are sensitive or complex, or otherwise where consultation appears to be appropriate; and
       
   7. Officers will consult Ward Councillors where a proposed decision or action is likely to affect significantly the constituency interests of those Councillors.
       
2. Officers will ensure that they make suitable arrangements to record decisions taken and actions authorised in relation to the discharge of any functions powers and duties delegated to them and will submit such reports as my be required from time to time.
    
3. Where an applicant for a service provided by the Council is a Councillor or an employee, the Officer within whose delegated authority it is to determine the application will, before exercising that authority, give consideration to the need to consult with the Chief Executive who may if she/he considers it appropriate require the Officer to refer the application to the appropriate Committee for determination.
    
4. Where an applicant for employment with the Council is related to a Councillor, or to a Chief Officer of the Council, the Officer within whose delegated authority it is to make the appointment to the post in question will, before exercising that authority, consult with the Chief Executive who may if she/he considers it appropriate require the Officer to refer the appointment to her/him for decision. 
    
5. Where an applicant for employment with the Council is related to an employee of the Council the Officer within whose delegated authority it is to make the appointment to the post in question will, before exercising that authority, consult with their Executive Director who may if she/he considers it appropriate require the Officer to refer the appointment to her/him for decision.  In the case of an appointment by an Executive Director they should refer the matter to the Chief Executive.

General Delegations to Officers

The Chief Executive and Executive Directors of Service are authorised to –

1. Appoint employees as required by them to discharge the functions of the services for which they are responsible, within the overall budget approved by the Council for their Service. To dismiss employees, including in the delegation to the Chief Executive, Executive Directors of Service.
    
2. Apply and implement the terms of National and Local Agreements on Salaries and Conditions of Service to any post or posts and take such other decisions in relation to such posts and the employees who occupy them as they consider necessary in the interests of the effective operation of the Council’s Services.
    
3. Conduct Disciplinary and Grievance proceedings and make appropriate determinations in accordance with the Council’s approved Disciplinary and Grievance Procedures.
    
4. Select tenderers and award contracts in compliance with the Contract Standing Orders.
    
5. To take such measures as may be required to enable the Council to respond to an emergency situation, subject to advising as appropriate (a) the Leader, (b) the relevant Policy Lead, and where the emergency is likely to affect significantly a particular part of the Council’s area (c) the Chair of the relevant Area Committee and (d) Ward Councillors, reporting to the Council as soon as possible thereafter, on any items of expenditure for which approval would normally be necessary.
    
6. To authorise suitably qualified officers to discharge functions set out in this Constitution on their behalf, and to sign and to issue –
   1. statutory notices on behalf of the Council under all relevant legislation applicable to the functions of their office;
   2. authorisations to Officers to exercise statutory powers (including, where appropriate, the right to enter land and premises in connection with discharge of their duties), and
   3. identity cards, and such other similar authorisations as may be required, to Officers.
       
7. To pay valid claims for damage to, or loss of, property of employees occurring during the course of their employment or of members of the public, arising from the work of the Service concerned, up to £10,000 in respect of any one claim, subject to the approval of the Chief Executive in respect of any higher amount, and subject also to the requirement to ensure that appropriate notification is given and/or claims made on the relevant Council Insurance Policies.
    
8. To act as Proper Officer in terms of Sections 50(D) (1) (a) and 50(D) (5) of the Local Government (Scotland) Act 1973 (Background Papers).
    
9. To review and ensure compliance with the requirements of existing and new legislation and statutory regulations, and the Council’s policies in respect of those matters.
    
10. Each Executive Director is authorised, in terms of arrangements made from time to time by the Chief Executive, to exercise the functions of the Chief Executive in her/his absence.
     
11. Each Executive Director, in respect of premises for which he/she has responsibility, is authorised to permit voluntary groups or others offering to execute on an ex gratia basis construction or improvement works within the curtilage of those premises subject to –
    1. she/he being satisfied as to the nature, extent and timetable of the works;
    2. Public Liability/Employers Liability/Professional Indemnity Insurance for appropriate levels to the satisfaction of the Executive Director with responsibility for Legal and Regulatory Support; and
    3. the specification of the nature and extent of works, methodology, health and safety assessment, and qualifications/experience of those undertaking the works to the satisfaction of the relevant Executive Director who will also assess the level of supervision and monitoring of the works which may be required.
        
12. There shall be delegated to each Executive Director the power to respond to consultations which are reasonably considered by that officer to be of a technical nature without reference to Committee. In the event that a Consultation is received with a return date prior to the next ordinary meeting of the relevant committee then the Executive Director shall, after consultation with the Chair and Vice Chair of the Committee, determine whether to consult all members of the relevant committee. Once that consultation has been undertaken the response shall be submitted by the officer who in the event of there being a range of views expressed by members, or otherwise at their discretion, may consult with the Chair.

Specific Delegations to Officers

Chief Executive

The Chief Executive’s powers and duties enable her/him to carry out the following functions, and without prejudice to all statutory duties, responsibilities and powers exercisable by her/him, authorise her/him to exercise the following –

1. The Chief Executive is Head of the Council’s paid service in terms of Section 4 of the Local Government and Housing Act 1989.
    
2. The Chief Executive is principal advisor to the Council on all matters of policy and strategic direction and is responsible for the implementation of Council aims and priorities, including leading the delivery of Best Value and Community Planning.
    
3. The Chief Executive provides leadership, direction and motivation for staff and is responsible for the management of other resources to ensure that the Council’s policies and priorities are delivered in an efficient and effective manner.
    
4. To give a direction on the applicability of the Scheme of Delegations to an officer in any specific case, and power in special cases to direct that any official shall not exercise a delegated function except where –
   1. the officer concerned is exercising a statutory responsibility, or
   2. the officer concerned is exercising professional discretion or judgement
       
5. Power in an emergency to instruct executive action on any matter after consultation with the Leader or, in her/his absence, Depute Leader of the Council.
    
6. To determine gradings of categories of posts in implementation of review processes initiated within or out with the Council or to correct anomalies in the Council’s salary structure as a consequence of review processes, within the limits of existing budgets.
    
7. To exercise the discretions available to the Council as employers in terms of the Local Government Pension Scheme after consultation with the Leader or, in her/his absence, the Depute Leader of the Council. 
    
8. Where s/he considers that it would be in the interests of the Council to do so, to authorise visits by officers of the Council and others representing the Council out with the United Kingdom.
    
9. To designate (a) suitably qualified officer(s) to act as Trustees of the Group Life Assurance Scheme.
    
10. To act as, or appoint a suitably qualified person to be, the “proper officer” for the purposes of Sections 34 of the Local Government (Scotland) Act 1973.
     
11. To authorise, in appropriate circumstances, reports to the Procurator Fiscal or Police on matters not otherwise covered within the Council’s regulatory frameworks.
     
12. To act as Returning Officer in respect of Parliamentary and Local Authority elections and to discharge the functions in Section 18 of and act as “proper officer” in terms of Section 82 of the Representation of the People Act 1983 (as amended).
     
13. To secure the provision of the electoral registration functions of the Council.
     
14. To appoint a suitably qualified officer to each of the following from time to time and to advise the Council on any such appointments made [a] Chief Social Work officer [b] Chief Education officer [c] Chief Planning Officer.
     
15. To make arrangements to fulfil the Council’s duties in terms of the Counter Terrorism Act 2015 and to nominate and appoint officers to any required role or function in that regard.

Executive director with responsibility for legal and regulatory support; commercial services and education

The Executive Director – with responsibility for:

• Legal and Regulatory Support Services
• Commercial Services
• Education Services
   

1. To approve Market Value disposals, acquisitions, leases, sub-leases, assignations, licences, variations, extensions, rent reviews and agreements (including rent free periods) for property both from and to the council.
    
2. To approve less than Market Value disposals, acquisitions, leases, sub-leases, assignations, licences, variations, extensions, rent reviews and agreements (including rent free periods) where the reduction is equated with works / contributions / community benefit being made by the tenant; or where the Market Value is restricted by conditions within the agreement; and in any case in regard to disposals, only in the case where the best consideration that can be reasonably obtained is less than the threshold or marginal amounts as set out in the Local Gov (Sc) Act 1973 and consequent regulation.
    
3. To enter into wayleaves, servitudes and leases with statutory bodies and other providers of utility services who require rights over property for a particular purpose.
    
4. To terminate leases sub-leases, licences and agreements and take appropriate action to regain or surrender possession of the property. To allow the surrender of leases where a business intends to expand into larger council premises or where a business runs into trading difficulties. 
    
5. To maintain and update list of wheelchair accessible vehicles for licensed taxis and private hire cars within the Council’s area for the purposes of section 165 of the Equality Act 2010 and to consider and determine where medical evidence has been produced applications for exemptions from drivers’ duties under section 165 of the Equality Act 2010.
    
6. In consultation with the Chair and Vice Chair of the PPSL Committee, to immediately suspend a licence in terms of paragraph 12(1) of Schedule 1 of the Civic Government (Scotland) Act 1982 if they determine that the circumstances of the case justify immediate suspension, on the grounds of undue public nuisance or a threat to public order or public safety.
    
7. To act as Proper Officer in terms of Sections 33A, 50B(2), 50C(2), 50F(2) and 231 of the Local Government (Scotland) Act 1973 and otherwise in relation to the arrangements for the conduct of business arising at any meeting of the Council, a Committee or Sub-Committee.
    
8. To act as Proper Officer in terms of Section 206 of the Local Government (Scotland) Act 1973 and to have custody of all archives and regalia, and, in consultation with the Provost, to determine all matters relating to the flying of flags on Council buildings.
    
9. To determine applications for charitable collections under Section 119 of the Civic Government (Scotland) Act where no objections are received.
   To determine applications for public processions under Section 63 of the Civic Government (Scotland) Act where no objections are received.
    
10. To maintain a panel of representatives for appointment in connection with the interests of any child in connection with any proceedings before the Sheriff, in terms of the Curator ad Litem and Reporting Officers (Panels)(Scotland) Regulations, and to determine fees in accordance with Council policies.
     
11. To act as Proper Officer in terms of Section 30 of the Local Government & Housing Act 1989 and the relevant provisions of the Local Governance (Scotland) Act 2004 and related regulations regarding Councillor remuneration and expenses.
     
12. To act as Monitoring Officer in terms of Section 5 of the Local Government and Housing Act 1989.
     
13. To act as or to designate a suitably qualified officer to act as Clerk to the Licensing Board in terms of the Licensing (Scotland) Act 2005.
     
14. To act as or to designate a suitably qualified officer to act as the “proper officer” in terms of Sections 92, 145, 190, 191, 193, 194, 202 and 204 of the Local Government (Scotland) Act 1973 and to sign and arrange as necessary for the affixing of the Common Seal of the Council to all deeds and other documents which require to be sealed with the Common Seal of the Council.
     
15. To act as or to designate a suitably qualified officer to act as Solicitor to the Council and as such to sign missives and other similar documents binding the Council, except where otherwise provided for in this Scheme.
     
16. To engage private legal firms or Counsel for Court and other legal work if and when she/he may consider this to be necessary to enable the legal work of the Council to be carried out and appoint Parliamentary Agents.
     
17. To arrange for the Council to be represented in relation to any type of judicial and quasi judicial proceedings before any Court, Tribunal or other body and in that regard to initiate, enter, defend and withdraw from such proceedings.
     
18. To settle without reference, claims arising in terms of the Land Compensation (Scotland) Act 1973, in respect of Home Loss Payments following compulsory acquisitions and also to settle any discretionary payments arising from acquisitions by voluntary agreement, provided that the statutory requirements have been met.
     
19. To settle, without reference, up to a maximum of £100,000, any claims against the Council which involves or is likely to involve action against the Council in any Court or statutory tribunal.
     
20. To authorise payments to account to sellers of property to the Council in cases where negotiations are protracted for any reason, up to a value of 90% of the valuation.
     
21. To authorise payments to account to sellers of property to the Council in cases where conveyancing procedures are protracted for any reason subject to the exhibition of a good title and the grant of appropriate undertakings.
     
22. To terminate on behalf of the Council any contract which the Council is entitled to terminate under the appropriate conditions of contract where, after consultation with the appropriate Executive Director, she/he is satisfied that it is in the interest of the Council to do so.
23. In respect of Insurance –
    1. to take out the necessary insurances to protect the interests of the Council;
    2. to make arrangements with insurance companies concerning settlement of claims; and
    3. in respect of claims not settled by or on behalf of the Council to settle up to a maximum of £100,000.
        
24. To consider and determine, where unopposed, applications under Parts I, II and III and V of the Civic Government (Scotland) Act 1982;  and to keep under review, where appropriate, the levels of fees charged for particular licences, and the level of taxi fares throughout the area of the Council.
     
25. To carry out of prosecutions under Section 43(2) of the Education (Scotland) Act 1980, where he/she considers it appropriate.
     
26. To determine applications for House Loans and other financial assistance under Part XII of the Housing (Scotland) Act 1987 after consultation with the Executive Director – Development and Economic Growth and the Chief Financial Officer.
     
27. To act as the proper officer for the Statutory Functions and obligations of the Council under all current, relevant legislation relating to Freedom of Information, Regulation of Investigatory Powers Act and Regulation of Investigatory Powers (Scotland) Act and Data Protection.  To determine requests for review of refusal, or partial refusal, to provide information, or any procedural matter relating to a request for information in terms of the Freedom of Information (Scotland) Act 2002 or the Environmental Information Regulations.
     
28. To authorise reports for submission to the Procurator Fiscal with a view to the initiation of proceedings under all relevant delegated legislation.
     
29. To provide a valuation and estates service in respect of the valuation and management of heritable property.
     
30. To approve the terms for the lease or disposal of property surplus to the requirements of the Council within the terms of the Contract Standing Orders. 
     
31. To maintain a list of all heritable property owned or leased by the Council and to appeal rating assessments in respect of council property and determine the conduct and settlement of any such appeal.
     
32. To issue decision notices on reviews determined by a Local Review Body under the terms of the Town and Country Planning (Scheme of Delegation and Local Review Procedure) (Scotland) Regulations 2013.
     
33. To undertake all building maintenance work within approved expenditure either by directly employed staff direct labour or by the use of maintenance contractors subject to the provisions of the Contract Standing Orders.
     
34. To inspect, assess, instruct and supervise repairs and maintenance of Council property.
     
35. To arrange for any necessary alterations or adaptations, up to a value of £25,000 on any one project for the purpose of realising the service potential or commercial potential of a property owned or leased by the Council, subject to provision being available within the relevant budget.
     
36. To arrange and provide cleaning services in Council property as required within approved expenditure, either by directly employed staff or by the use of contractors.
     
37. To arrange and provide a catering service for the relevant services of the Council within approved expenditure either by directly employed staff or the use of contractors.
     
38. To review the Asset Management Plans prepared by Services and co-ordinate these into an overall Council Asset Management Plan.
     
39. To act or appoint a suitably qualified Chief Inspector of Weights and Measures and to act as the proper officer for the statutory functions of and obligations of the Council under all current legislation for Trading Standards and Monetary Advice.
     
40. To determine applications for the provision of footwear and clothing for pupils at public schools, in terms of Section 54 of the Education (Scotland) Act 1980. 
     
41. To arrange programmes of in-service training for teachers.
     
42. To arrange in-service courses for Chaplains to schools as and when considered desirable.
     
43. To carry out the functions of the Council as Education Authority in relation to the provision of education for children or young people with additional support needs in terms of the Education (Additional Support for Learning) Scotland Act 2004.
     
44. To implement rates of fees for educational establishments used by the Council outwith the Council’s area.
     
45. To carry out the administration, assessment and award of any education bursaries or other related forms of assistance.
     
46. To fix the levels of any tuition fees, examination expenses, and determine rates of pay to examination invigilators.
     
47. To approve the participation of school pupils and supervising staff in cultural, social and recreational visits in and outwith the United Kingdom and the reception of visiting pupils and staff.
     
48. To approve temporary exchange visits by teaching staff in and outwith the United Kingdom.
     
49. To make grants to pupils to enable them to attend courses and conferences and to undertake educational visits and excursions at home and abroad.
     
50. To make the necessary arrangements for the boarding out of pupils and for the allocation of hostel accommodation.
     
51. To issue licences in terms of the Children (Performances and Activities) (Scotland) Regulations 2014.
     
52. To determine applications received from schools for arrangements to be made for visits during school terms.
     
53. To provide courses in educational training for outside agencies and to negotiate appropriate charges for these services.
     
54. To ensure that requisite provision is made for any pupil entitled in terms of Section 53(3) of the Education (Scotland) Act 1980 to receive refreshment in the middle of the day.
     
55. To make grants to pupils from schools within the Council’s area or normally resident within the area who are selected to join national youth orchestras or similar national music, drama or dance companies in respect of fees and attendance at courses.
     
56. To increase, in cases of hardship, and at his discretion, the amount of grant awarded to school pupils attending part-time courses at the Royal Conservatoire of Scotland and the Scottish Ballet School up to a maximum of the cost of fees and travelling expenses.
     
57. To exercise the powers available to the Council as Education Authority, in terms of Section 23 of the Education (Scotland) Act 1980, with regard to the provision by the Council of education for pupils belonging to the areas of other Education Authorities and incur outwith area fees and to pay the approved COSLA rate to any other Education Authority which has provided education for pupils normally resident in the area of the Authority but who are, for various reasons, placed in Schools outwith the Authority.
     
58. To apply to the Ministry of Agriculture, Fisheries and Food for and to accept any allocation made to the Council from the EEC national quota of levy-free foods administered by that Ministry under the General Agreement on Tariffs and Trade.
     
59. To consider and determine all placing requests under Section 38 of the Standards in Scotland’s Schools etc. Act 2000, in accordance with the guidelines formulated by the Council.
     
60. To consider and determine all placing requests under Section 28 of the Education (Scotland) Act 1980 as amended by Section 43 of the Standards in Scotland’s Schools Act 2000 and School Education (Scotland) Act 2004 in accordance with the guidelines formulated by the Council.
     
61. To accept placing requests in terms of the Education (Scotland) Act 1980 and to make whatever transport arrangements are deemed to be appropriate, in individual cases brought to his attention where supporting documentation satisfies him that the child concerned has serious physical, emotional or psychological problems.
     
62. In cases where the parent changes residence and in terms of the Education (Scotland) Act 1980 makes a placing request that her/his child remain in the school attended prior to that change, to accept that request provided that (1) the parent agrees to comply with the Council’s policy on transport arrangements and costs, and (2) in all the circumstances the Executive Director considers it is appropriate to accept the request.
     
63. To exercise, at his discretion, the powers available to the Council as Education Authority in relation to the exclusion of pupils from schools.
     
64. Where not otherwise determined by a Parent Council, to determine the dates of occasional local school holidays after consultation with any appropriate Parent Council.
     
65. To accept and administer any Educational Trusts or small endowments which may be offered to the Council for schools in its area.
     
66. To carry out the functions of the Council in terms of Section 58 of the Education (Scotland) Act 1980 relating to the cleanliness of pupils at schools.
     
67. To exercise the functions of the Council in terms of Section 50 of the Education (Scotland) Act 1980 and Section 35 of Children (Scotland) Act 1995, (provision of travelling facilities and accommodation in exceptional circumstances).
     
68. Where a teacher is compulsorily transferred to authorise payment of the cost of removal expenses in terms of the Council’s Scheme or, where appropriate, reasonable daily travel expenses subject to the relevant provisions of the Conditions of Service for teachers in Day Schools.
     
69. To carry out the education functions of the Council under Part X of and Schedule 9 to the Children Act 1989.
     
70. To determine requests for access to and amendment of records in terms of the Pupil Educational Records (Scotland) Regulations 2003.
     
71. To exercise the functions of the Education Authority in relation to the irregular attendance of pupils at schools under their management all in terms of Sections 36-41 of the Education (Scotland) Act 1980 after consultation with the appropriate Local Attendance Council.
     
72. To approve attendance by employees on authorised Youth Exchange visits overseas where the employees, as part of their duties, are required to accompany the group undertaking the exchange.
     
73. To authorise Head Teachers in Schools to approve appointments, where considered necessary and where budgetary provision exists, of temporary non-teaching staff in schools.
     
74. To determine school staffing levels within the limits of resources provided by the Council.
     
75. To authorise the use of budgetary resources in conjunction with partner organisations in the pursuit of agreed corporate policies.
     
76. To authorise the distribution of the educational hypothecated resources received from the Scottish Government within the policies determined for this purpose by the Council.
     
77. To secure the right of every child of school age to be provided with school education by, or by virtue of arrangements made, or entered into on behalf of the education authority.
     
78. To secure improvement in the quality of school education with a view to raising standards of education.
79. To prepare the annual statement of education improvement objectives.
     
80. To authorise Head Teachers to prepare an annual school plan which will identify the principal achievement targets to be sought in the following academic year and a report on the implementation of the plan as defined in the Standards in Scotland’s Schools etc. Act 2000.
     
81. To secure the provision of pre-school education for those children whose parents request such provision all in terms of Sections 32 to 34 of the Standards in Scotland’s Schools Etc. Act 2000.
     
82. To authorise the provision of school transport as described in Section 37 of the Standards in Scotland’s Schools Etc Act 2000 within the financial limits agreed by the Council.
     
83. To exercise or to designate a suitable qualified officer to exercise the powers and duties of the Council and of an Inspector and authorised Officer (including powers of entry, inspection, sampling, seizure and initiating prosecutions, where appropriate) under any relevant legislation.
     
84. To authorise reports for submission to the Procurator Fiscal with a view to the initiation of proceedings under all relevant delegated legislation.

Chief Officer – Health and Social Care

1. To act as, or manage a suitably qualified officer as, Chief Social Work Officer, in terms of Section 3 of the Social Work (Scotland) Act 1968, for the purposes of the Council’s functions under the:
   1. Social Work (Scotland) Act 1968;
   2. The enactments in Section 5(1B) of the same Act;
   3. The Adults with Incapacity (Scotland) Act 2000; and
   4. Duties or powers bestowed upon a Chief Social Work Officer under any other Act or regulation enacted from time to time by the UK or Scottish Parliament.
       
2. To designate the Chief Social Work Officer to act as the proper Officer, in accordance with any policy approved by the council:
   1. To promote social welfare by making available advice, guidance and assistance under Section 12 of the 1968 Act, on such a scale as may be appropriate for its area. The delegation in terms of this Section shall include authority:
      1. to make loans or grants to any person or family;
      2. to give any other appropriate assistance, including provision for the storage of property in cases of emergency.
      3. The Chief Officer of Health and Social Care is authorised, in accordance with any policy approved by the Council.
          
   2. To assist in the disposal of produce of work undertaken by persons in need under Section 13 of the 1968 Act.
       
   3. To provide care at home and laundry facilities for persons in need, etc. under Section 14 of the 1968 Act. subject to the recovery by the Executive Director on the appropriate scale as may be determined by the Council; but subject also to the Executive Director being empowered to abate or waive care at home/home help charges to avoid hardship according to the personal and financial circumstances of the client.
       
   4. To receive and keep in care in certain circumstances any child in need under Section 17 and 25 of the 1995 Act.
       
   5. To make an application for a permanence order in respect of a child under Section 80 of the Adoption and Children (Scotland) Act 2007.
       
   6. To ensure that, in reaching any decision relating to a child in the care of the Council, consideration is given to Section 17 of the 1995 Act.
       
   7. To provide accommodation for a looked after/care experienced child in certain circumstances, under Section 25 of the 1995 Act.
       
   8. To provide accommodation under Section 26 of the 1995 Act for a child looked after by the Council and to remove any child from a residential establishment under Section 32.
       
   9. To grant financial assistance to persons who meet the criteria set out in Section 30 of the 1995 Act, to enable them to meet expenses in connection with their accommodation, maintenance, education or training, in accordance with Section 30.
       
   10. To provide aftercare under Section 29 of the 1995 Act in respect of any child who meets the criteria therein.
        
   11. To make arrangements for the burial or cremation of any person where the criteria under Section 87 of the Burial and Cremation (Scotland) Act 2016 are met, The Council may recover expenses incurred under this section from the estate of the deceased.
        
   12. To pay the expenses incurred in attending a funeral where the criteria set out in Section 88 of the Burial and Cremation (Scotland) Act 2016 are met.
        
   13. To give effect to a compulsory supervision order made by a Children’s Hearing for its area under Section 144 of the Children’s Hearing (Scotland) Act 2011.
        
   14. To authorise the emergency transfer of placement of a child subject to a compulsory supervision order in terms of Section 143 of the Children’s Hearings (Scotland) Act 2011.
        
   15. To seek review by a Children’s Hearing of a compulsory supervision order, in certain circumstances, under Section 131 of the Children’s Hearings (Scotland) Act 2011.
        
   16. To arrange or assist in arranging holidays or other absences appropriate to the needs of the child, of any child in the care of the Council.
        
   17. To carry out the functions of the Council under Section 48 of the National Assistance Act 1948 relating to the temporary storage of property in certain circumstances on behalf of certain persons.
        
   18. To appoint Mental Health Officers in terms of S. 32 of the Mental Health (Care and Treatment) (Scotland) Act 2003.
        
   19. To provide aids and adaptations for the homes of disabled persons within the budget available for this purpose.
        
   20. To carry out the functions of the Council in relation to the Adoption of Children in terms of the Adoption and Children (Scotland) Act 2007 and the Children Act 1995.
        
   21. To carry out the functions of the Council under the Looked After Children (Scotland) Regulations 2009.
        
   22. To determine assistance with legal fees (in consultation with the Executive Director with responsibility for Legal and Regulatory Support Services) and medical expenses in relation to adoptions.
        
   23. To determine applications for the revision of maintenance rates for private/voluntary sector homes outwith the provisions of the National Health Service and Community Care Act 1990.
        
   24. To determine fees for curators ad litem, foster parents and community carers.
        
   25. To exercise the functions of the Council in relation to the National Health Service and Community Care Act 1990 for the purpose of implementing the Council’s policies in relation to financial assessment systems for chargeable services within packages of community care.
        
   26. To enter into contracts with private and voluntary agencies for the provision of services relative to the Council’s policies in relation to the discharge of its functions under the National Health Service and Community Care Act 1990.
        
   27. To authorise the Chief Officer – Health and Social Care to make direct payments in terms of the Social Care (Self-directed Support)(Scotland) Act 2013 and any further provisions made by the Scottish Ministers in terms of s. 15 of that Act to an eligible supported person for the purpose of enabling the person to arrange for the provision of support by any person.
        
3. To designate the Chief Social Work Officer to act as the proper Officer, and serve any notice and take any action on behalf of the Council in accordance with any policy approved by the Council, in relation to the Council’s functions in regard to –
   1. The Chronically Sick And Disabled Persons Act 1970 and the Disabled Persons (Services Consultation And Representation) Act 1986.
   2. Part IV of the Criminal Procedure (Scotland) Act 1995.
   3. The National Assistance Act 1948.
   4. The Disabled Persons (Employment) Act 1958.
   5. The Matrimonial Proceedings (Children) Act 1958.
   6. The Adults with Incapacity (Scotland) Act 2000.
   7. Sections 51 and 217of the Criminal Procedure (Scotland) Act 1995 and S. 14 of the Criminal Justice and Licensing (Scotland) Act 2010.
   8. The Children (Scotland) Act 1995.
   9. The Adoption and Children (Scotland) Act 2007.
   10. Sections 21 to 23 of the Health And Social Services And Social Security Adjudication Act 1983.
   11. The Mental Health (Care and Treatment) (Scotland) Act 2003.
   12. The Foster Children (Scotland) Act 1984.
   13. Sections 38(b) of the Housing (Scotland) Act 1987.
   14. The Crime and Disorder Act 1998.
   15. The Management of Offenders (Scotland) Act 2005.
   16. The Childrens’ Hearings (Scotland) Act 2011.
        
4. To exercise the housing functions delegated to the Integration Joint Board under –
   1. Section 71 (1) (b) Housing (Scotland) Act 2006 (assistance for housing purposes) only in so far as it relates to an aid or adaption.
   2. Section 92 Housing (Scotland) Act 2001 (assistance for housing purposes) only in so far as it relates to an aid or adaption.

Executive Director with responsibility for Financial Services; Customer Support Services; Roads and Infrastructure Services; and Development and Economic Growth

The Executive Director with responsibilities for:-

• Financial Services
• Customer Support Services
• Roads and Infrastructure Services
• Development and Economic Growth
   

1. To determine all applications which are defined as local developments in accordance with the hierarchy regulations, including for the avoidance of doubt any Area Capacity Evaluation required as part of the process of approval or refusal. 

   But excepting from that generality the following types of applications:

   1. P(a)     Any category of application which Ministers direct in terms of Section 26(a)(3) of the Planning Etc Scotland Act 2006 be not determined by an officer;
   2. L(b)     Any application, which attracts a significant body of objection ie more than 10 individual objections on planning policy or land use grounds;
   3. P(c)     Any application made by an elected Member of the Planning Authority.

   For the avoidance of doubt any determination under the foregoing section of the Scheme of Delegations will be subject to local review provided that the decision on the application has been made by the “Appointed Officer “including the right of an applicant to seek a review on a non determination of such a category of application within the time periods specified in the relevant regulations.

2. P2       To determine applications for major developments which in the opinion of the Executive Director with responsibility for Development and Economic Growth would not be a significant departure from the development plan and for which there had been  no significant body of representation ie 10 or less objections on planning policy or land use grounds.
    
3. L3        To determine applications for variation of planning consents under Section 64 of the Town and Country Planning (Scotland) Act 1997. 
    
4. L4        In consultation with the Executive Director with responsibility for Legal and Regulatory Support Services to determine that a public local inquiry be held in connection with any particular appeal against refusal of planning permission or similar procedure, and in that respect to determine the Council’s position on any appeal against a non determination of an application.
    
5. L5        To determine certificates of lawfulness in terms of Section 150 and 151 of the Town and Country Planning (Scotland) Act 1997.
    
6. L6        To determine all consultative applications and assessments of a technical nature under Delegated Legislation including the power to raise objections.
    
7. L7        To determine prior notifications included in and introduced by the Town and Country Planning (General Permitted Development) (Scotland) Order 1992 and revocations and modifications to planning permissions under Sections 65, 66, 67 of the Town and Country Planning (Scotland) Act 1997 where there are no significant objections ie ten or less objections on planning policy or land use grounds.
    
8. L8        To determine hazardous substances consents in terms of the Planning (Hazardous Substances) (Scotland) Act 1997 where there are no significant objections, ie 10 or less objections on planning policy or land use grounds. 
    
9. L9        To determine applications for Listed Building and Conservation Area consents in terms of the Planning (Listed Building and Conservation Area) Scotland Act 1997 and applications under the Town and Country Planning (Control of Advertisement) Scotland Regulations 1984, where there are no significant objections, ie 10 or less objections on planning policy or land use grounds. 
    
10. L10     In regard to s75A of the Town and Country Planning (Scotland) Act 1997 (as amended) to (i) determine applications, and (ii) determine that a planning obligation can be modified or discharged by agreement in writing. Determination under this paragraph L10 shall not be permitted where there has been an earlier determination `by the PPSL Committee in relation to the planning obligation unless the determination relates to either (i) a planning obligation which has become obsolete either by means of being related to an expired and unimplemented planning permission; or (ii) where, in terms of planning, the obligation can be demonstrated to have been met in full and where there is no longer-term requirement (i.e. road safety, site restoration, ongoing management of land) for the burden on the land being retained.
     
11. L11     Determination of applications for a Periodic Review of Mineral Planning Permissions under Schedule 10 of the Town and Country Planning (Scotland) Act 1997 (as amended) –where conditions are agreed with the applicant.
     
12. L12     To exercise the powers to serve “Contravention Notices” in terms of Section 125 of the Town and Country Planning (Scotland) Act 1997 prior to formal enforcement action.
     
13. L13     To exercise the powers to take action against fly posting in terms of Section 187 of the Town and Country Planning (Scotland) Act 1997.
     
14. L14     To exercise the power to approve or refuse all proposed works to trees in Conservation Areas and trees protected by Tree Preservation Orders.
     
15. L15     To refuse applications which were the subject of Section 75 Agreements when the applicant had not concluded the Section 75 Agreement within 4 months of being notified of the requirement to do so.
     
16. L16     To deal with enforcement complaints where after investigation no breaches of planning control have been identified. 
     
17. L17     Service of a Breach of Condition Notice.
     
18. L18     To undertake and determine screening and scoping opinions of planning applications under the Environmental Impact Assessment (Scotland) Regulations and under the Town and Country Planning (Development Management Procedure (Scotland) Regulations 2019. 
     
19. L19     To determine whether to institute enforcement proceedings on (1) any breach of planning control under all relevant legislation and to make service of any relevant notice or order, and under the High Hedges Scotland Act 2013.
     
20. L20     To act as the proper officer for the statutory functions of the Council under all relevant legislation relating to the functions of the Council as Planning Authority, and to issue all necessary decision notices or other statutory documents as may be required.
     
21. L21     To appoint as inspectors and authorised officers for the purpose of the administration and enforcement of the legislation referred to in the foregoing paragraphs such officers as he/she may deem necessary and appropriate. 
     
22. L22     In terms of Part 1 of the Land Reform (Scotland) Act 2003 –
    1. (a)
       1. (i)    To sign and issue statutory written notices;
       2. (ii)   To deal with enforcement complaints where after investigation breaches of Sections 14 or 23 or any bye-law made under Section 12 have been identified;
       3. (iii)  To authorise officers to enter on to land not owned or under the control of the Council to carry out remedial works under Sections 14, 15 and 23;
       4. (iv)  To authorise reports for submission to the Procurator Fiscal;
       5. (v)   To approve or refuse all applications for a one to five day Land Exemption Orders;
       6. (vi)  To recommend approval to Scottish Ministers for six day to two year Land Exemption Order applications and amendment, revocations and re-enactment of Orders previously granted where no significant objections are received;
    2. (b)   To determine any requirement for a stopping up/relocation of a core path and to take all necessary steps to give effect to such decision under the Town and Country Planning (Scotland) Act 1997 Section 208.
        
23. To grant applications and issue completion and other related Certificates, and refuse unappealed applications under the Building (Scotland) Acts.  To issue an order under the said Acts in terms of demolishing or making good a dangerous building, including notices under Section 13 of the Building (Scotland) Act.
     
24. To determine the award of assistance under the terms of Schemes of Business Development, including Business Gateway, or Employment Support approved from time to time by the Council.
     
25. To determine tenders and approve public and school transport contracts of under £200k.
     
26. To act jointly with the Chief Constable in the provision of road safety.
     
27. For the avoidance of doubt, that in respect of delegations to determine local applications in terms of the Town and Country Planning (Schemes of Delegation and Local Review Procedure) (Scotland) Regulations 2013, to authorise the Executive Director with responsibility for Development and Economic Growth to appoint the Head of Development and Economic Growth and/or such other Officers as he may determine, from time to time, to exercise the functions of the Council in making such determinations, in accordance with said regulations.

Note 1

The delegations marked with a (P) are ostensibly made under Section 43 of the 2006 Act, the delegations marked with an L are made under the 1973 Act, but nothing contained herein shall limit the Council’s statutory authority to take such delegated action simply because of a challenge to which section of the relevant Act is referred to.

28. To determine applications for registration under the Private Landlord Scheme and applications for licences for Houses in Multiple Occupation in terms of the Mandatory Schemes under Part 3 of the Housing (Scotland) Act 2014.
     
29. To determine applications for licences and registrations under the Petroleum Acts, the Explosives Act, the Poisons Act and similar legislation.
     
30. To determine applications for a range of licensing within the Regulatory Services funct31.ions including animal boarding and horse riding establishments, the keeping of dangerous wild animals, the operation of pet shops and zoos, and the breeding of dogs.
     
31. To undertake the statutory duties under the Water (Scotland) Act 1980 including regulation and enforcement, and the delivery of an improvement grant scheme for private water supplies.
     
32. To act as or appoint a suitably qualified officer to act as Access Officer, Head of Food Safety and Local Authority Public Health Competent Person, Animal Welfare Officer.
     
33. To act as the proper officer for the Statutory Functions and obligations of the Council under all current, relevant legislation relating to Environmental Health, Animal Welfare, Fire Precautions.
     
34. To exercise or to designate a suitably qualified officer to exercise the powers and duties of the Council and of an Inspector and authorised Officer (including powers of entry, inspection, sampling, seizure of goods and services, opening containers, seizure and initiating prosecutions, where appropriate) under any relevant legislation.
     
35. To determine applications for licences in respect of caravan sites.
     
36. To carry out the following functions of the Council in terms of the Roads (Scotland) Act 1984:-
    1. Under Section 13 the service of appropriate notices in relation to the imposition on frontagers of the requirements to make up and maintain private roads;
        
    2. Under Section 15 in relation to the completion of necessary work in private roads occasioned by an emergency (other than an emergency constituted by a danger as defined in Section 91);
        
    3. Under Section 16(1)(b) in relation to the consideration and determination of applications for the adoption of private roads as public;
        
    4. Under Section 18 in relation to the adoption of footpaths associated with development;
        
    5. Under Section 21 in relation to applications for construction consent for new roads built by a person other than the Roads Authority;
        
    6. Under Section 23 in relation to stopping up or temporarily closing any new road constructed by a person other than the Roads Authority, without consent or in contravention of, or in non-compliance with, a condition imposed by a construction consent;
        
    7. Under Section 31(3) in relation to the service of notices in connection with the drainage of public roads or proposed public roads, on the owner and occupier of the land affected;
        
    8. Under Section 35(1) and (4) and after giving notice in terms of Section 35(5) in relation to the provision of road lighting and related structures;
        
    9. Under Section 51 in relation to the authorisation and withdrawal of authorisation for the planting and maintenance of trees, shrubs, grass and other plants by a person other than the Roads Authority within the boundaries of a public road;
        
    10. Under Section 56 in relation to the authorisation of works and excavations in or under a public road;
         
    11. Under Section 57 in relation to the prevention or termination of dangerous works or excavations in or under a public road;
         
    12. Under Section 58 in relation to the granting of permission for the deposit of building materials on roads;
         
    13. Under Section 59 in relation to the control of obstructions in roads;
         
    14. Under Section 60 in relation to the marking, lighting and fencing of obstructions or roadworks and for shoring buildings requiring protection in similar circumstances;
         
    15. Under Section 61 in relation to granting permission to place and thereafter maintain apparatus in or under a public road;
         
    16. After consultation with the Chief Constable under Section 62 in relation to the temporary prohibition or restriction of traffic on roads for reasons of public safety or convenience;
         
    17. Under Section 63 in relation to the imposition of the requirement to construct new accesses across road verges or footways where appropriate;
         
    18. Under Section 64(2) in relation to the issue of consent to statutory undertakers for work on footways, footpaths or cycle tracks in connection with their apparatus in terms of Section 64(1)(b);
         
    19. Under Section 66 in relation to enforcing maintenance of vaults, arches, cellars, tunnels and related structures within the vicinity of a road;
         
    20. Under Section 67 in relation to enforcing safety provisions countering outward opening doors, gates, window shutters or bars interfering with the safety or convenience of road users;
         
    21. Under Section 78(2) in relation to the service of notices prior to the diversion of waters where necessary in connection with the construction, improvement or protection of a public road;
         
    22. Under Section 79, to negotiate terms and enter into agreements with bridge owners in relation to future maintenance obligations;
         
    23. Under Section 83 in relation to the prevention of obstruction of the view of road users at or near corners, bends and junctions;
         
    24. Under Section 85 in relation to granting permission for the location of Builders’ skips on roads;
         
    25. Under Section 86 in relation to the removal or repositioning of any Builder’s skip which is causing or is likely to cause, a danger or obstruction;
         
    26. Under Section 87 in relation to the removal from roads of unauthorised structures and the consequent reinstatement of the site;
         
    27. Under Section 88 in relation to the removal of projections interfering with safe or convenient passage along a road;
         
    28. Under Section 89 in relation to the removal of accidental obstructions from roads;
         
    29. Under Section 90 in relation to the granting of consent for fixing or placing over, along or across a road any overhead bridge, beam, rail, pipe, cable, wire or other similar apparatus;
         
    30. Under Section 91 in relation to the prevention of danger to road users and the prevention of obstructions caused by roadside vegetation, fences or walls;
         
    31. Under Section 92 in relation to granting consent for planting trees or shrubs within five metres of the edge of the made-up carriageway;
         
    32. Under Section 93 in relation to the protection of road users from dangers near a road;
         
    33. Under Section 94 in relation to the infill of dangerous ditches adjacent to or lying near a road;
         
    34. Under Section 99(2) in relation to the issue of consent to persons undertaking works or excavations necessary to ensure compliance with Section 99(1) (prevention of the flow of water, filth, dirt or other offensive matter on to the road);
         
    35. Under Section 99(3) in relation to the service of notices on owners or occupiers requiring works or excavations to be undertaken to ensure compliance with Section 99(1);
         
    36. Under Section 140 in relation to authorising persons to enter land to take any action or execute any work authorised or required to be taken or executed by the Roads Authority under the Roads (Scotland) Act 1984;
         
    37. Under Section 30 in relation to the serving of notices subject to Section 31(3), in connection with carrying out works for protecting roads against hazards of nature;
         
    38. To exercise the functions of the Council under Section 152(2) to re-determine the means of exercise of a public right of passage over a road;
         
    39. To act as the “proper officer” to issue a Certificate as provided in Section 96(1); and
         
    40. To add and remove from the list of public roads under the Roads (Scotland) Act 1984.
37. To make, revoke, or vary Orders and Schemes under the Road Traffic Regulation Act 1984; Regulations made under s.12 of the Road Traffic Act 1988; and Sections 68, 69, 70 & 71 of the Roads (Scotland) Act 1984 and to commence and complete the statutory procedure set out in the Local Authorities Traffic Order (Procedure) (Scotland) Regulations 1999 and undertake all necessary preparation prior to making orders and to make and sign temporary and permanent traffic orders and implement them where the statutory/public consultation process yields no objections or, where objections have been received & maintained, the orders have gained the appropriate committee approval.
     
38. To grant wayleaves in respect of public utilities;
     
39. To deal with all requests for information in connection with grant applications made under Section 8 of the Railways Act 1974 (Grants to assist the provision of facilities for freight haulage by rail);
     
40. To carry out the functions of the Council under the Public Utilities Street Works Act 1950 and the New Roads & Street Works Act 1991 in relation to roads for which the Council is responsible;
     
41. To exercise the functions of the Council under Section 12 of the Roads (Scotland) Act 1984 in relation to the stopping up or diversion of highways crossing or entering routes of proposed new highways;
     
42. To agree terms for Bridge Agreements with the British Railways Board and terms of discharge of the Council’s liability for annual maintenance and renewal charges in that connection;
     
43. After consultation with the Chief Constable to consider and, where acceptable in road safety terms, approve locations for advertisements on road safety barriers and similar structures;
     
44. To make arrangements for the management of piers, harbours, car parks, jetties, aerodromes and landing strips etc.  This includes, for the avoidance of doubt, the general duties and powers of the Duty Holder in respect of the Port Marine Safety Code and to act as or designate a suitably qualified officer to discharge responsibilities in respect of the Code and general and statutory duties as a Single Harbour Authority.
     
45. To carry out the following functions of the Council in terms of the Coast Protection Act 1949:-
    1. Under Section 4 to enter into an agreement with any other person for the carrying out by that person or the Council of any coast protection work which the Council has the power to carry out;
    2. Under Section 5 to arrange for the publication of notices relating to proposed works in local newspapers and the serving of notices on affected harbour authorities;
    3. Under Section 8 to arrange for the publishing of notices relating to works schemes and the serving of Notices on affected harbour authorities;
    4. Under Section 12 to serve notice on owners of land where protection works are required; and
    5. Under Section 25 in relation to the authorisation of persons taking entry to land for the purposes specified therein.
        
46. To accept invitations to carry out road and footpath lighting works;
     
47. To enter objections on behalf of the Council to applications for Goods Vehicle Operators’ Licences, under Section 12 of the Goods Vehicles (Licensing of Operators) Act 1995.
     
48. To carry out the functions of the Council in terms of the Strathclyde Regional Council Order Confirmation Act 1990 –
    1. Under Section 5 in relation to the carrying out of works on public roads, recovery of costs thereof and the giving of assistance to the promoters of the Rally;
    2. Under Section 7 in relation to the removal or the arranging for the removal and custody of vehicles on the Rally route and the recovery of the costs of so doing from the owner of such vehicle; and
    3. Under Section 6(9) in relation to requiring the promoter to stop the Rally in the case of emergency and to enter upon such part of a road closed for the purposes of the Rally with any necessary vehicles, plant and equipment for the purpose of exercising any of the Council’s functions in relation to the emergency.
        
49. To manage the parks, gardens, playing fields, open spaces and other recreational facilities, swimming pools and public halls provided or operated by the Council and to take such action as may be necessary;
     
50. To manage and operate burial grounds and crematoria, and be responsible for the records in relation thereto and to undertake the allocation of lairs on such terms and conditions as may from time to time be approved by the Council;
     
51. To authorise such members of staff as he/she thinks fit to issue fixed penalty notices in terms of Section 88 of the Environmental Protection Act 1990.
52. To act as appointed officer in terms of the Dutch Elm Disease (Local Authorities) Order 1984.
     
53. To authorise reports for submission to the Procurator Fiscal with a view to the initiation of proceedings under all relevant delegated legislation.
     
54. To exercise the functions of the Council under the Environmental Protection Act 1990, as amended by the Environment Act 1995 and regulation, as they relate to the Statutory Obligations incumbent on the Council in respect of waste management.
     
55. To exercise the functions of the Refuse Disposal (Amenity) Act 1978, as amended by any subsequent legislation, relating to any matter referred to therein and inter alia abandoned vehicles.
     
56. To arrange for street cleaning, the provision of public conveniences and the provision of a school crossing patrol service.
     
57. To act as, or arrange for the appointment of, a suitably qualified officer to be the Council’s Oil Pollution Officer.
     
58. To make grants to householders for the purpose of making good fabric and decoration in houses affected by work carried out by the Council under the Noise Insulation (Scotland) Regulations 1975 at the rates and on conditions which may be prescribed from time to time by the Council.
     
59. To determine Applications under the High Hedges Scotland Act for a high hedge Notice where no action is proposed to be taken.
     
60. To carry out the whole functions of the Council in relation to decriminalised parking scheme within Argyll and Bute as constituted by the Road Traffic (Permitted Parking Area and Special Parking Area) (Argyll and Bute Council) Designation Order 2014 and related legislation including without prejudice to the foregoing generality:
    1. To set the level of penalty charges and other related charges in accordance with any guidance given by the Scottish Ministers whether such guidance is given to the Council as parking authority or to local authorities generally;
    2. To authorise such members of staff as he/she thinks fit to be parking attendants with the full powers of parking attendants as provided for in the relevant legislation including inter alia the power to issue Penalty Charges Notices in appropriate circumstances; and
    3. To take such steps as are competent and necessary to recover all sums that may become due following the issue of such Penalty Charge Notices.
        
61. To carry out any function conferred on the Council by or under the Transport (Scotland) Act 2019 (Part 6, Parking Prohibitions) save for the making, amendment and revocation of exemption orders under s.51 and s.52 of the said Act which shall be a function reserved to the Environment, Development and Infrastructure Committee.
     
62. To determine applications under Section 97 of the Civic Government Scotland Act 1982 where there are no objections to the proposal.
     
63. To manage and factor houses provided by the Council on the Education Account.
     
64. To determine and issue approvals for private sector housing grants for repairs work.
     
65. To make payments by way of compensation in cash or in kind as may competently be made by the Council in exercise of their statutory housing functions.
     
66. To take such action as necessary in the allocation of emergency accommodation as may from time to time be the statutory obligation of the Council.
     
67. To determine applications under Part II of the Housing (Scotland) Act 1987 as amended by the Housing (Scotland) Act 2001 and the Homelessness etc (Scotland) Act 2003 relating to homeless persons.
     
68. To be responsible for implementation of the provisions of Part IV of the Housing (Scotland) Act 1987 relating to sub-standard houses.
     
69. To be responsible for the implementation of chapter 5 of the Housing (Scotland) Act 2006 relating to the repair, improvement and demolition of houses.
     
70. To be responsible for implementation of the provision of Part VI of the Housing (Scotland) Act 1987 relating to Closing and Demolition Orders.
     
71. To be responsible for implementation of Part VII of the Housing (Scotland) Act 1987 relating to overcrowding.
     
72. To be responsible for the amendment of Housing Provision and the preparation of a Local Housing Strategy in accordance with the Housing (Scotland) Act 2001.
     
73. To carry out the Council’s functions under the Disabled Persons (Badges for Motor Vehicles) Regulations 1982 and subsequent legislation.
     
74. To make decisions in relation to Disabled Persons’ Parking Spaces under the Disabled Persons’ Parking Spaces (Scotland) Act 2009.
     
75. To designate a suitably qualified Officer to administer the Car Leasing Scheme.
     
76. To determine applications for licences under the Cinematograph Act 1909 and the Theatres Act 1963, where unopposed.
     
77. To act as, or arrange for the appointment of, a suitably qualified officer to be the Council’s vehicle operator and to hold a vehicle operators licence in respect of the Council in terms of the Goods Vehicles (Licensing of Operators) Act 1995 and any regulation thereunder.
     
78. To act as the Council’s Chief Financial Officer in terms of Section 95 of the Local Government (Scotland) Act 1973 as amended, and as such is authorised to, or designate a suitable Officer to, discharge: - (1 to 12 as set out on pages 117/118).

Chief Financial Officer

The Council’s Chief Finance Officer is responsible for advising the Council, its Committees and its Departments on all financial matters and is authorised to –

1. Determine the detailed form of Capital and Revenue Estimates consistent with the directions of the Council.
    
2. Determine all accounting procedures and financial records of the Council and the principles to be followed.
    
3. Prepare and submit to the Controller of Audit in accordance with Section 96 of the Local Government (Scotland) Act 1973 the Annual Abstract of Accounts and advertise and make them available for public inspection.
    
4. Act in terms of Section 95 of the Local Government (Scotland) Act 1973 as the proper officer responsible for the administration of the financial affairs of the Council.
    
5. Exercise all the other powers and duties as set out in and in accordance with the Financial and Security Regulations as approved by the Council from time to time.
    
6. To discharge all the Treasury Management functions of the Council in accordance with the Financial and Security Regulations, including exercising voting rights on any stock held in the name of the Council.
    
7. To act as the proper officer in terms of the Local Government (Scotland) Acts 1973 and 1975, the Abolition of Domestic Rates Etc.(Scotland) Act 1987, the Local Government Finance Act 1992 and associated legislation for all purposes including the preparation and issue of Council Tax and Rates Notices, the collection of Council Tax and Rates, the receiving and settling of claims for any exemption, the handling of objections to any amount levied and the abatement, remission or repayment of any Rates or Council Tax under the various statutory provisions.
    
8. Determine applications for mandatory or discretionary relief of Rates in accordance with the council’s policies; and to be responsible for the collection of relevant charges and for the administration of housing and Council tax benefits.
    
9. Enter into arrangements with the Water Authority in relation to the collection of water and sewerage charges.
    
10. Enter into arrangements with others concerning the collection of Rates, Community Charge or Council Tax on behalf of the Council and to make arrangements with each agent as to suitable collection points.
     
11. Make the necessary arrangements concerning terms and commissions payable for services rendered to the Council by other agents with regard to the collection of Rates, Community charge and/or Council Tax and the administration of any Community Charge or Council Tax rebate or discount schemes etc.
     
12. To exercise the Council’s powers to initiate sequestration proceedings.