Schedule 1

 

Council Committees: their membership and their powers

 

1.         Strategic Planning Committee

 

2.         Area Planning Committees

 

3.         Development Plan Committee

 

4.         Statutory Licensing Committee

 

5.         Statutory Licensing Sub-Committees

 

6.         General Licensing and Registration Committee

 

7.         General Licensing and Registration Sub-Committees

 

8.         Standards and Governance Committee

 

9.         Standards and Governance Committee Hearings Panel

 

10.       Audit Committee

 

11.       Appeals Committee (Home to School Transport)

 

12.       Employment Appeals Committee

 

13.       Chief Officers Appointments and Disciplinary Committee

 

14.       Chief Officers Appointments Sub-Committee

 

15.       Chief Officers Disciplinary Panel

 

16.       Pension Fund Committee

 

17.       Pension Board

 

18.       Area Committees

 

19.       Health and Wellbeing Board

 

20.       North Yorkshire Police, Fire and Crime Panel


 

Strategic Planning Committee

Members must have received planning training before attending the Committee to take an active part in the meeting/voting.

Membership

 

Councillor name

 

Political group

1

HUGILL, David

 

Conservatives and Independents

2

JONES, Tom

 

Conservatives and Independents

3

LEE, Andrew

 

Conservatives and Independents

4

BASTIMAN, Derek

 

Conservatives and Independents

5

PARASKOS, Andy

Chair

Conservatives and Independents

6

PEACOCK, Yvonne

 

Conservatives and Independents

7

SWIERS, Roberta

 

Conservatives and Independents

8

WINDASS, Robert

 

Conservatives and Independents

9

BROWN, Andy

 

Green and Independents

10

CATTANACH, John

 

North Yorkshire Independent

11

PACKHAM, Bob

Vice Chair

Labour

12

SWANNICK, Neil

 

Labour

13

GOSTLOW, Hannah

 

Liberal Democrats and Liberal

14

TIMOTHY, Andrew

 

Liberal Democrats and Liberal

15

MCCARTNEY, John

 

North Yorkshire Independent

 

Delegated powers

The Strategic Planning Committee is responsible for the following except where delegated to an Officer:

*(a)  to exercise the powers and duties of the Council as Planning Authority in relation to all functions relating to town and country planning and development management as specified in, but not limited to Schedule 1 to the Local Authorities (Functions and Responsibilities)(England) Regulations 2000 in relation to the following matters:

·         Significant planning applications relating to minerals or waste.

·         Significant planning applications relating to energy or physical infrastructure accompanied by an Environmental Impact Statement and where it is intended to recommend approval.

·         Planning applications for more than 500 houses and where it is intended to recommend approval.

·         Planning applications which are defined as a departure from the adopted Development Plan for which the Secretary of State must be consulted and where it is intended to recommend approval.

·         Planning applications where the Corporate Director of Community Development considers the application to raise significant planning issues or to raise significant strategic planning issues that affect more than one area committee geography.

There shall be no referral down of applications from Strategic Planning Committee to Area Planning Committees.


 

Area Planning Committees

 

There are six Area Planning Committees which reflect the parliamentary constituencies:

 

 

Each Committee to be made up of 7 Members. Each Area Planning Committee to have named substitutes from the relevant Area Committee.

 

Quorum – 3 Members

 

Members shall not participate as members of the Area Planning Committee until they have received appropriate training.

 

 

Terms of Reference

 

Except where delegated to an Officer, Area Planning Committees will have the following functions for their areas:

 

* (a)   to exercise the powers and duties of the Council as Planning Authority in relation to all functions relating to town and country planning and development management as specified in but not limited to Schedule 1 to the Local Authorities (Functions and Responsibilities)(England) Regulations 2000, that do not fall within the remit of the Strategic Planning Committee.

 

* (b)   to exercise the Council’s functions as the Commons Registration Authority for common land and town/village greens.

 

* (c)   to exercise powers relating to the protection of important hedgerows.

 

* (d)  the power to make representations to the Secretary of State regarding Public Path Creation Orders to which a duly made objection has been received following public advertisement of the Order, subject to consultation with the relevant Executive Member(s) and local Member(s).

 

 


 

Harrogate and Knaresborough Area Planning Committee

 

 

Membership

 

 

Councillor name

Political group

1

HARRISON, Michael

Conservatives and Independents

2

WINDASS, Robert

Conservatives and Independents

3

ALDRED, Chris (Chair)

Liberal Democrats and Liberal

4

BROADBANK, Philip

Liberal Democrats and Liberal

5

GOSTLOW, Hannah

Liberal Democrats and Liberal

6

LACEY, Peter

Liberal Democrats and Liberal

7

HASLAM, Paul (Vice Chair)

North Yorkshire Independent

 

 

Skipton and RiponArea Planning Committee

 

Membership

 

 

Councillor name

Political group

1

HULL, Nathan (Chair)

Conservatives and Independents

2

IRETON, David

Conservatives and Independents

3

HESELTINE, Robert

Conservatives and Independents

4

WILLIAMS, Andrew

Conservatives and Independents

5

BROWN, Andy (Vice Chair)

Green Party

6

NOLAND, David

Green Party

7

BRODIGAN, Barbara

Liberal Democrats and Liberal

 

Richmond (Yorks)Area Planning Committee

 

Membership

 

 

Councillor name

Political group

1

HUGILL, David

Conservatives and Independents

2

MOORHOUSE, Heather (Vice Chair)

Conservatives and Independents

3

SEDGWICK, Karin

Conservatives and Independents

4

THOMPSON, Angus

Conservatives and Independents

5

WATSON, Steve

Conservatives and Independents

6

WEBSTER, David (Chair)

Conservatives and Independents

7

FOSTER, Kevin

Green Party

Substitute: Cllr Bryn Griffiths (Liberal Democrat and Liberal) is the named substitute for Cllr Kevin Foster

 


 

Selby and AinstyArea Planning Committee

 

Membership

 

 

Councillor name

Political group

1

CRANE, Mark

Conservatives and Independents

2

LUNN, Cliff

Conservatives and Independents

3

WARNEKEN, Arnold

Green Party

4

ARTHUR, Karl

Reform UK

5

PACKHAM, Bob (Vice Chair)

Labour

6

SHAW-WRIGHT, Steve

Labour

7

CATTANCH, John (Chair)

North Yorkshire Independent

 

 

Thirsk and Malton Area Planning Committee

 

Membership

 

 

Councillor name

Political group

1

BAKER, Alyson

Conservatives and Independents

2

KNAPTON, Nigel

Conservatives and Independents

3

WHITE, Greg

Conservatives and Independents

4

GOODRICK, Caroline (Chair)

Conservatives and Independents

5

CROSS, Sam

Independent (Unaffiliated)

6

ANDREWS, Joy (Vice Chair)

Liberal Democrats and Liberal

7

BURR, Lindsay

North Yorkshire Independent

 

 

Scarborough and Whitby Area Planning Committee

 

Membership

 

 

Councillor name

Political group

1

BASTIMAN, Derek

Conservatives and Independents

2

PEARSON, Clive

Conservatives and Independents

3

TRUMPER, Phil (Chair)

Conservatives and Independents

4

MAW, Rich

Independent Unaffiliated

5

BROADBENT, Eric

Labour

6

SHARMA, Subash (Vice Chair)

Labour

7

JEFFERSON, Janet

North Yorkshire Independent

 

 


 

Development Plan Committee

Membership

 

 

Councillor name

 

Political group

1

BAKER, Alyson

 

Conservatives and Independents

2

CRANE, Mark

Chair

Conservatives and Independents

3

GOODRICK, Caroline

 

Conservatives and Independents

4

HESELTINE, Robert

 

Conservatives and Independents

5

HUGILL, David

 

Conservatives and Independents

6

HULL, Nathan

 

Conservatives and Independents

7

JONES, Tom

 

Conservatives and Independents

8

LEE, Andrew

 

Conservatives and Independents

9

JEFFELS, David

 

Conservatives and Independents

10

PARASKOS, Andy

Vice Chair

Conservatives and Independents

11

PEACOCK MBE, Yvonne

 

Conservatives and Independents

12

TRUMPER, Phil

 

Conservatives and Independents

13

WINDASS, Robert

 

Conservatives and Independents

14

ANDREWS, Joy

 

Liberal Democrats and Liberals

15

BROADBANK, Philip

 

Liberal Democrats and Liberals

16

CUNLIFFE-LISTER, Felicity

 

Liberal Democrats and Liberals

17

MASON, Steve

 

Liberal Democrats and Liberals

18

COLLING, Liz

 

Labour

19

PACKHAM, Bob

 

Labour

20

SHARMA, Subash

 

Labour

21

BROWN, Andy

 

Green and Independents

22

FOSTER, Kevin

 

Green and Independents

23

CATTANACH, John

 

North Yorkshire Independents

24

BURR MBE, Lindsay

 

North Yorkshire Independents

 

Total Membership – (24)

Quorum – (6)

Con and Ind

Lib Dem and Lib

NY Ind

Labour

Ind

Green and Ind

Tota

13

4

2

3

0

2

24

 

 

Terms of Reference

 

1.    To support and be consulted on the preparation of any Development Plan Documents (DPDs), excluding Neighbourhood Plans (for which the relevant Area Committee is the primary consultative committee).

 

2.    To provide strategic oversight and develop a collective understanding of the key issues and opportunities in bringing together the Local Plan for North Yorkshire.

 

3.    To facilitate a collaborative working relationship between officers and Members throughout the evolution of DPDs (excluding Neighbourhood Plans), meeting both informally (as required) as well as formally at key decision making stages.

 

4.    To exercise the specific functions and powers as set out below.

 


 

Delegated Powers

 

The Development Plan Committee has the following functions and responsibilities:

 

*(a)      To support and be consulted on the preparation of any Development Plan Documents excluding Neighbourhood Plans, at all stages of the plan-making process.

 

*(b)      To make comments and recommendations to the Area Committees and to the Executive at formal stages of the plan making process in respect of any Development Plan Documents excluding Neighbourhood Plans.


 

Statutory Licensing Committee

Membership

The Statutory Licensing Committee comprises 15 Members of the Council.

The Statutory Licensing Committee and its Sub-Committees are not required to be politically proportionate by virtue of the Licensing Act 2003.

Only Members who have received licensing training can sit on the Committee.

 

Councillor name

Political group

1

BAKER, Alyson

Conservatives and Independents

2

GROGAN, Tim (Chair)

Conservatives and Independents

3

LEE, Andrew

Conservatives and Independents

4

PARASKOS, Andy

Conservatives and Independents

5

SWIERS, Roberta

Conservatives and Independents

6

BASTIMAN, Derek

Conservatives and Independents

7

WHITE, Greg

Conservatives and Independents

8

FOSTER, Kevin (Vice Chair)

Green and Independents

9

DUCKETT, Stephanie

Labour

10

SHARMA, Subash

Labour

11

BRODIGAN, Barbara

Liberal Democrats and Liberal

12

TIMOTHY, Andrew

Liberal Democrats and Liberal

13

JORDAN, Mike

North Yorkshire Independent

14

CATTANACH, John

North Yorkshire Independent

Quorum

The quorum will be at least one quarter of the membership but any case not less than 4 Members.

Substitute Members

The appointment of substitute Members to the Statutory Licensing Committee is not permitted and any Sub-Committee Members must be appointed from the Statutory Licensing Committee Membership.

Proceedings

The Council Procedure Rules as set out in the Constitution shall apply to the Statutory Licensing Committee meetings.  Procedural requirements for meetings of the Statutory Licensing Sub-Committees are set out below.

Terms of Reference

·      To exercise all the functions of the ‘Licensing Authority’ under the Licensing Act 2003 and Gambling Act 2005, except for the approval of the Statement of Licensing Policy and the Gambling Act Statement of Principles.

·      To determine the terms of reference and delegated powers of the Statutory Licensing Sub-Committee as required by the Licensing Act 2003, Gambling Act 2005.

·      To determine which functions under the Licensing Act 2003 and Gambling Act 2005 should be delegated to Officers.

·      To receive regular reports on decisions made by Officers under delegated powers with regard to applications under the Licensing Act 2003 and Gambling Act 2005, so that the Committee can maintain an overview of the general situation.

Delegated Powers


 

Statutory Licensing Sub-Committees

 

There are three Statutory Licensing Sub-Committees. Each Sub-Committee shall comprise three Members drawn down from the full Statutory Licensing Committee.

 

The quorum is three Members.

 

The provisions of the Licensing Act 2003 (Hearings) Regulations 2005 shall apply to hearings conducted in relation to functions exercised under the Licensing Act 2003.

 

The provisions of the Gambling Act 2005 (Proceedings of Licensing Committees and Sub-Committees) (Premises Licences and Provisional Statements) (England and Wales) Regulations 2007 shall apply to hearings conducted in relation to the exercise of functions under section 162(1) and (2) and section 204(4) of the Gambling Act 2005.

 

Otherwise meetings of the Committee and Sub-Committees will be conducted in accordance with the Council Procedure Rules and the Access to Information Procedure Rules contained in the Constitution. In the event of any conflict between the relevant Regulations and the Council Procedure Rules and Access to Information Procedure Rules in relation to the exercise of such functions identified above the provisions of the relevant Regulations shall prevail.

 

Delegated Powers

 

1.         Each Statutory Licensing Sub-Committee will discharge all of the functions of the Statutory Licensing Committee except policy development and matters otherwise reserved to officers or another Committee or Council.

 

2.         To determine applications under the Licensing Act 2003 as set out below:

 

Application for personal licence

If a relevant representation is made and not withdrawn.

Application for personal licence with

relevant unspent convictions

Where an objection notice has been received and not withdrawn.

Application for premises licence/club

premises certificate

If a relevant representation is made and not withdrawn.

Application for provisional statement

If a relevant representation is made and not withdrawn.

Application to vary premises licence/club premises certificate

If a relevant representation is made and not withdrawn.

 

Application to vary a premises licence to specify an individual as a designated premises licence holder

If a relevant representation is made and not withdrawn.

Application for transfer of premises

licence

If a relevant representation is made and not withdrawn.

 

Determination of an interim authority notice

If a relevant representation is made and not withdrawn.

Application to review premises

licence/club premises certificate

All cases.

Application for summary review

All cases.

Determination of a Temporary Event

Notice

If a valid objection notice has been received and the notice has not been withdrawn.

Determination of application to vary

premises licence at community premises to include alternative licence condition

If a relevant representation is made not withdrawn.

 

3.         To determine applications under the Gambling Act 2005 as set out below:

 

Application for premises licence

If a relevant representation is made and not withdrawn or it is proposed to attach a condition under section 169(1)(a) of the Gambling Act 2005 or to exclude a condition under section 169(1) (b) of that Act.

Application for a provisional statement

If a relevant representation is made and not withdrawn or it is proposed to attach a condition under section 169(1)(a) of the Gambling Act 2005 or to exclude a condition under section 169(1) (b) of that Act.

Application to vary a premises licence

If a relevant representation is made and not withdrawn or it is proposed to attach a condition under section 169(1)(a) of the Gambling Act 2005 or to exclude a condition under section 169(1) (b) of that Act.

Application for the transfer of a premises

licence

If a relevant representation is made and not withdrawn or it is proposed to attach a condition under section 169(1)(a) of the Gambling Act 2005 or to exclude a condition under section 169(1) (b) of that Act.

Application for the reinstatement of a

lapsed licence

If a relevant representation is made and not withdrawn.

Review of a premises licence - section

201

All cases.


 

Consideration of a temporary use notice

If an objection is made and not withdrawn.

Application for a club gaming/club

machine permits

Where objections have been made and not withdrawn.

Cancellations of club gaming/club

machine permits

Where a hearing has been requested in accordance with paragraph 21, Schedule 12 of the Gambling Act 2005.

Application for registration as a

small society lottery

Where officers are not satisfied that the applicant is a non-commercial society; or a person who will or may be connected with the promotion of the lottery has been convicted of a relevant offence; or information provided in the application for registration or in support of the application for registration is false or misleading in accordance with paragraph 48, Schedule 11 of the Gambling Act 2005.

Revocation of a registration as a small

society lottery

Where the registered society has made representations against a proposal to revoke the registration. 

To make an order under Section 284 of

the Gambling Act 2005 removing the

exemption of either the right to provide

equal chance gaming in ‘on sale’ alcohol

licensed premises or the entitlement to

provide two gaming machines in ‘on sale’

alcohol licensed premises

Where a hearing has been requested in accordance with section 284(3) of the Gambling Act 2005.

 


 

General Licensing and Registration Committee

 

The General Licensing and Registration Committee comprises 25 Members of the Council.  Of the 25 Members, 15 of those Members will comprise the membership of the Statutory Licensing Committee.  Only Members who have received licensing training can sit on the Committee.

 

Membership

 

 

Councillor name

Political group

1

BAKER, Alyson

Conservatives and Independents

2

BASTIMAN, Derek

Conservatives and Independents

3

GROGAN, Tim (Chair)

Conservatives and Independents

4

JONES, Tom

Conservatives and Independents

5

LEE, Andrew

Conservatives and Independents

6

WILKINSON, Peter

Conservatives and Independents

7

PARASKOS, Andy

Conservatives and Independents

8

SWIERS, Roberta

Conservatives and Independents

9

WHITE, Greg

Conservatives and Independents

10

THOMPSON, Angus

Conservatives and Independents

11

HESELTINE, Robert

Conservatives and Independents

12

PEACOCK MBE, Yvonne

Conservatives and Independents

13

FOSTER, Kevin (Vice Chair)

Green Party

14

McCARTNEY, John

Independent (Unaffiliated)

15

DUCKETT, Stephanie

Labour

16

PROUD, Jack

Labour

17

SHARMA, Subash

Labour

18

ANDREWS, Joy

Liberal Democrats and Liberal

19

BROADBANK, Philip

Liberal Democrats and Liberal

20

BRODIGAN, Barbara

Liberal Democrats and Liberal

21

TIMOTHY, Andrew

Liberal Democrats and Liberal

22

CATTANACH, John

North Yorkshire Independent

23

SOLLOWAY, Andy

North Yorkshire Independent

24

JORDAN, Mike

Reform UK

25

MANN, John

Reform UK

 

Quorum

 

The quorum will be at least one quarter of the membership but in any case not less than 5 Members.

 

Proceedings

 

The Council Procedure Rules as set out in the Constitution shall apply. However the Committee will determine its own hearings procedures.

 

 


 

Delegated Powers

 

1.         To review and make recommendations to Council upon policies in relation to licensing functions set out below.

 

2.         To discharge all the Council’s licensing and registration functions as set out in Schedule 1, Part B of the Local Authorities (Functions and Responsibilities) (England) Regulations 2000 except where those matters are reserved to full Council, another committee, or delegated to an Officer.

 

3.         To discharge the Council’s other powers or duties set out in Schedule 1, parts B, F and G of the Local Authorities (Functions and Responsibilities) (England) Regulations 2000 except where those matters are reserved to full Council, another committee, or delegated to an Officer and including but not limited to the power to:

 

(a)           Keep a list of persons entitled to sell non-medicinal poisons under Section 3(1)(b)(ii), 5, 6 and 11 of the Poisons Act 1972 (C.66).

 

(b)          Make, amend, revoke or re-enact byelaws, except making and enforcing new street byelaws under any provision of any enactment (including a local Act), whenever passed, and Section 14 of the Interpretation Act 1978 (c.30).

 

(c)           Promote or oppose local or personal Bills under Section 239 of the Local Government Act 1972.

 

(d)           Carry out functions under the North Yorkshire County Council Act 1991 which involve an application for a licence, approval, consent, permission or regulation; direct regulation of a person; or any related enforcement actions. 

4.         To exercise the Council’s functions in relation to contaminated land, control of pollution and the management of air quality except where those matters are delegated to an Officer.

 

5.         To exercise all the functions of the ‘appropriate authority’ under Schedule 3 of the Local Government (Miscellaneous Provisions) Act 1982, as amended by Section 27 of the Policing and Crime Act 2009, except the approval of any policies relating to the licensing of establishments under the 1982 Act, as amended.

 

6.         Any other licensing matter as may from time-to-time require determination by the Council except where those matters are reserved to Council, another committee, or delegated to an Officer.

 

7.         The General Licensing and Registration Committee will determine the Sub-Committees’ hearings procedures. 

 


 

General Licensing and Registration Sub-Committees

 

There are 3 General Licensing and Registration Sub-Committees.  Each Sub-Committee shall comprise 3 Members drawn down from the full General Licensing and RegistrationCommittee. Only Members who have received licensing training can sit on the Sub Committees.

 

The quorum is 3 Members. 

 

Delegated Powers

 

1.         Each General Licensing and Registration Sub-Committee will discharge all of the functions of the General Licensing and Registration Committee except policy development and matters otherwise reserved to Officers or another Committee or Council. 

2.         To consider and determine the issue, refusal or repeal of, or attachment of conditions to, all individual approvals, consents, licences, permissions or registrations, included in Part B of the Schedule 1, Part B of the Local Authorities (Functions and Responsibilities) (England) Regulations 2000, as set out in the below table and which have not otherwise been determined by an Officer under delegated powers where public safety is deemed to be at risk.

3.         To determine all applications referred to the Sub-Committee for sexual entertainment venues by virtue of the Local Government (Miscellaneous Provisions) Act 1982 (as amended by section 27 of the Policing and Crime Act 2009) and any regulations or guidance issued under that Act, as set out in the below table and which have not otherwise been determined by an Officer under delegated powers where public safety is deemed to be at risk.

4.         If consideration is being given to the revocation of any licence, registration or permit then this will usually be referred to the General Licensing and Registration Sub-Committee for determination, save and except where an urgent decision is required in the interests of public safety and which warrants the exercise of the powers delegated to Corporate Director of Environment.

Matter to be determined

Circumstances where the matter will be referred to the General Licensing and Registration Sub-Committee for determination

Application for the grant of a licence, approval, permission, consent or registration of the functions listed in paragraphs 2 and 3 above.

Where an objection or relevant representation is received (and not withdrawn) or where the Corporate Director for Environment has concerns in respect of the application.

Application for the renewal of a licence approval, permission, consent or registration of the functions listed in paragraphs 2 and 3 above.

Where an objection or relevant representation is received (and not withdrawn) or where the Corporate Director for Environment has concerns in respect of the application.

Application for the transfer of a licence approval, permission, consent or registration of the functions listed in paragraphs 2 and 3 above.

 

Where an objection or relevant representation is received (and not withdrawn) or where the Corporate Director for Environment has concerns in respect of the application.

Application for a variation to a licence approval, permission, consent or registration of the functions listed in paragraphs 2 and 3 above.

 

Where an objection or relevant representation is received (and not withdrawn) or where the Corporate Director for Environment has concerns in respect of the application.

Application for waiver of a licence approval, permission, consent or registration of the functions listed in paragraphs 2 and 3 above.

All cases.

 

Where conditions allow written

consent to amend restrictions in

relation to opening hours, external

appearance, etc.

Where an objection or relevant representation is received (and not withdrawn) or where the Corporate Director for Environment has concerns in respect of the application.

Revocation of a licence approval, permission, consent or registration of the functions listed in paragraphs 2 and 3 above.

All cases.

 

 

General Licensing and Registration Committee and Sub-Committee Procedure Rules

 

The Sub-Committees are not politically proportionate by resolution of the Council at its Annual Meeting. This decision is reconsidered at each Annual Meeting.

 

Meetings of the Committee and Sub-Committees will be conducted in accordance with the Council Procedure Rules and the Access to Information Rules contained in the Constitution.  The General Licensing and Registration Committee will determine the Sub-Committees’ hearings procedures. 

 


 

Standards and Governance Committee

 

1.   Membership

 

Councillors (10)

 

Councillor name

 

Political group

1

BROWN, Nick

 

Conservatives and Independents

2

KNAPTON, Nigel

 

Conservatives and Independents

3

IRETON, David

 

Conservatives and Independents

4

PEARSON, Clive

Chair

Conservatives and Independents

5

WILKINSON, Peter

 

Conservatives and Independents

6

DAVIS, Melanie

Vice Chair

Labour

7

SLATER, Monika

 

Liberal Democrats and Liberal

8

SCHOFIELD, Mike

 

North Yorkshire Independent

9

SOLLOWAY, Andy

 

North Yorkshire Independent

10

FOSTER, Kevin

 

Green and Independents

 

Total Membership – (10)

 

Quorum – (3)

Con and Ind

Lib Dem and Lib

NY Ind

Labour

Ind

Green and Ind

Total

5

1

2

1

0

1

10

 

2.   Substitute Members

 

Conservatives and Independents

Liberal Democrats and Liberal

 

Councillors Names

 

Councillors Names

1

 

1

MASON, Steve

2

 

2

 

3

 

3

 

4

 

4

 

5

 

5

 

Labour

 

 

Councillors Names

 

Councillors Names

1

 

1

 

2

 

2

 

3

 

3

 

4

 

4

 

5

 

5

 

 

Note:

(i)            The Standards and Governance Committee is subject to the rules on political balance.

(ii)           The Independent Persons for Standards are Gillian Baker, Louise Holroyd, James Nelson and Richinda Taylor.


 

Terms of Reference

 

The Standards and Governance Committee will have as its terms of reference, exercising the following roles and functions:

 

[* denotes non-executive functions]

 

* Standards Functions

 

*(a)      all functions of the Council under the Localism Act 2011 relating to ethical standards including but not limited to:

 

*(i)        exercising all functions in respect of the publication of Independent Person for standards’ vacancies (sub-delegated to the Monitoring Officer, in consultation with the Chair of the Committee);

 

*(ii)       assisting in the recruitment of Independent Persons for standards (but not approving individual appointments);

 

*(iii)      assisting, where requested, in the designation and handling of persistent and/or vexatious complaints and complainants against Members and Officers;

 

*(iv)      granting dispensations to Members and voting co-opted Members. This power is sub-delegated to the Monitoring Officer, in consultation with the Independent Persons, where the timescales are such that a Standards and Governance Committee meeting cannot be convened and where the Monitoring Officer has consulted every available Member of the Standards and Governance Committee, all of whom consent to the granting of the dispensation.

 

* Governance functions

 

*(b)      making temporary appointments to parish councils under Section 91 of the Local Government Act 1972.

 

*(c)      making recommendations to Council in relation to Community Governance reviews.

 

*(d)      recommending to Council the appointment of an Electoral Registration Officer and the appointment of a Returning Officer for local government elections under the Representation of the People Act 1983.

 

*(e)      dividing Parliamentary constituencies into polling districts and dividing electoral divisions into polling districts at local government elections under the Representation of the People Act 1983.

 

*(f)       such other election functions which it is necessary for the Council to decide (excluding those delegated directly by statute to the Returning Officer or Electoral Registration Officer or those functions delegated elsewhere in the Constitution).

 

*(g)      All other matters relating to elections, including all powers of the authority listed in Parts D, E and EB of Schedule 1 to the Local Authorities (Functions and Responsibilities)(England)(Regulations) 2001.

 

*(h)      recommending to Council the conferring of the title of Honorary Alderman or Alderwoman.

 

*(i)       recommending to Council the opposition or approval of local or personal Bills under Section 239 of the Local Government Act 1972 to the extent that the power is not delegated to another Committee or Sub Committee or Officer.

 

 


 

Standards and Governance Committee

Hearings Panel

 

Membership

 

Councillors

 

Councillors Names

 

Political Group

1

 

 

 

2

 

 

 

3

 

 

 

4

 

 

 

5

 

 

 

6

 

 

 

7

 

 

 

8

 

 

 

Total Membership

Quorum – (TBC) including one Independent

Con and Ind

Lib Dem and Lib

NY Ind

Labour

Ind

Green Party

Total

 

 

 

 

 

 

 

 

 

 

Substitute Members

 

Conservatives and Independents

North Yorkshire Independents

 

Councillors Names

 

Councillors Names

1

 

1

 

2

 

2

 

Labour

Liberal Democrats and Liberal

 

Councillors Names

 

Councillor Names

1

 

1

 

2

 

2

 

Green Party

 

 

1

Councillors Names

 

 

2

 

 

 

 

NOTE – The appointments to this Panel are made by the Standards and Governance Committee. When the Panel is considering a complaint that a parish/town council Member has breached a parish/town council’s code of conduct for Members, the Panel must contain a parish council representative selected from a pool of parish/town council representatives who have received appropriate training.

 


 

Terms of Reference

 

To undertake all functions of the Standards and Governance Committee, in consultation with the Independent Person for standards, in relation to the consideration of complaint investigation reports and the holding of complaint determination hearings regarding matters referred by the Monitoring Officer, including (but not limited to) the making of findings and the imposition of sanctions (if appropriate) in respect of complaints that Members have breached the relevant Code of Conduct for Members, as set out in the Localism Act 2011 as amended and associated legislation.


 

Audit committee

 

1.   Membership

 

Councillors (10)

 

Councillor name

 

Political group

1

BAKER, Alyson

 

Conservatives and Independents

2

CHANCE, David

 

Conservatives and Independents

3

JABBOUR, George

Vice Chair

Conservatives and Independents

4

LUNN, Cliff

Chair

Conservatives and Independents

5

WILKINSON, Peter

 

Conservatives and Independents

6

SWANNICK, Neil

 

Labour

7

BROADBANK, Philip

 

Liberal Democrats and Liberal

8

MASON, Steve

 

Liberal Democrats and Liberal

9

BROWN, Andy

 

Greens and Independents

10

DONOHUE-MONCRIEFF, Michelle

 

Unaffiliated Independents

Members other than Councillors (Non-voting) (3)

1

BUCKLEY, Vicky

2

MARSH, David

3

PORTLOCK, David

 

 

Total Membership – (13)

Quorum – (3) Councillors



Con and Ind

Lib Dem and Lib

Unaff Ind

Labour

Ind

Greens and Ind

Total

 

5

2

1

1

0

1

10

 

 

 

The current term of appointment of David Marsh and David Portlock as Independent Members to the Audit Committee ends 31 July 2027.  Thereafter, the term of appointment shall be four years from 31 July during the year which follows a Council election in order to provide consistency during the period for production, and subsequent approval of, the Statement of Final Accounts.

 

Terms of Reference

 

1.         In respect of Internal Audit

 

·           to approve the Internal Audit Charter, Annual Audit Plan and performance criteria for the Internal Audit Service.

·           to review summary findings and the main issues arising from internal audit reports and seek assurance that management action has been taken where necessary.

·           to review the effectiveness of the anti-fraud and corruption arrangements throughout the Council.

·           consider the annual report from the Head of Internal Audit.

·           to obtain assurance that the work of internal audit conforms to the Public Sector Internal Audit Standards.

 

2.         In respect of External Audit

           

·           to ensure the independence of External Audit is maintained.

·           to review the annual audit plan and monitor its delivery.

 

3.         To review, and recommend to the Executive, changes to Procurement and Contract, Finance and Property Procedure Rules.

 

4.         In respect of financial statements

 

For both the Council and the North Yorkshire Pension Fund

 

·           to approve the respective annual Statements of Final Accounts.

·           to receive and review the Annual Audit Letters and associated documents issued by the External Auditor.

·           to review changes in accounting policy.

 

5.         In respect of Corporate Governance

 

·         to assess the effectiveness of the Council’s Corporate Governance arrangements.

·         to review progress on the implementation of Corporate Governance arrangements throughout the Council.

·         to approve Annual Governance Statements for both the Council and the North Yorkshire Pension Fund.

·         to liaise, as necessary, with the Standards and Governance Committee on any matter(s) relating to the Codes of Conduct for both Members and Officers.

·         to work with the Standards and Governance Committee to promote good ethical standards within the Council.

·         to review the arrangements in place for ensuring good governance in the Council’s key partnerships and owned companies.

 

6.         In respect of Risk Management

 

·           to assess the effectiveness of the Council’s Risk Management arrangements.

·           to review progress on the implementation of Risk Management throughout the Council.

 

7.         In respect of Information Governance

 

·           to review all corporate policies and procedures in relation to Information Governance.

·           to oversee the implementation of Information Governance policies and procedures throughout the Council.

 

8.         In respect of Treasury Management

 

·           to be responsible for ensuring effective scrutiny of the Council’s Treasury Management strategy and policies as required by the CIPFA Treasury Management Code of Practice.

·           to review these Treasury Management strategies, policies and arrangements and make appropriate recommendations to the Executive.

 

9.         In respect of Value for Money

 

·           to have oversight of the arrangements across the Council in securing Value for Money.

 

10.       To consider any other relevant matter referred to it by the Council, Executive or any other Committee.  In addition any matter of concern can be raised by this Committee to the full Council, Executive or any other Member body.

 

11.       To exercise all functions in relation to the making and changing of policy relating to such audit and counter-fraud matters which fall within the remit of the Committee (save as may be delegated otherwise).

 

12.       To periodically review the effectiveness of the Audit Committee itself. 

 

13.       To meet not less than four times a year on normal business and review its Terms of Reference on an annual basis.


 

Appeals Committee

(Home to School Transport)

 

Membership

 

Councillors (5)

 

Councillor name

 

Political group

1

GOODRICK, Caroline

 

Conservatives and Independents

2

KNAPTON, Nigel

 

Conservatives and Independents

3

WINDASS, Robert

Chair

Conservatives and Independents

4

DUCKETT, Stephanie

Vice-Chair

Labour

5

BRODIGAN, Barbara

 

Liberal Democrats and Liberal

Total Membership – (5)

Quorum – (3)


Con and Ind

Lib Dem and Lib

NY Ind

Labour

Ind

Green Party

Total

 

3

1

0

1

0

0

5

 

 

Substitute Members

 

 

Councillor name

 

Political group

1

BASTIMAN, David

 

Conservatives and Independents

2

JEFFELS, David

 

Conservatives and Independents

3

PARASKOS, Andy

 

Conservatives and Independents

4

JONES, Tom

 

Conservatives and Independents

5

SWIERS, Roberta

 

Conservatives and Independents

6

ALDRED, Chris

 

Liberal Democrats and Liberal

7

SLATER, Monica

 

Liberal Democrats and Liberal

8

BROADBENT, Eric

 

Labour

9

RITCHIE, John

 

Labour

 

Terms of Reference

 

1.            To hear and determine home to school transport appeals as the stage 2 review by an independent Appeal Panel, in accordance with the Department for Education (DfE) Home to School Travel and Transport Guidance.

 

2.         To hear and determine appeals for support for Post 16 transport to education and training, as the stage 2 review by an independent Appeal Panel, in accordance with the Department for Education (DfE) Statutory Guidance.

 

3.         To hear and determine appeals in respect of other grants to students, where provision exists for appeals to a Member level body.

 

4.         The making of arrangements for school admission appeals and independent exclusion reviews. 

 

5.         To hear and determine appeals against decisions of the Executive, where provision exists in law or in this Constitution for such an appeal. (NB: No Member of the Executive may sit on the Appeals Committee (Home to School Transport) when it is exercising this function).

Employment Appeals Committee

 

Membership

 

Councillors (5)

 

Councillors names

 

Political group

1

LUNN, Cliff

 

Conservatives and Independents

2

TAYLOR, Malcolm

 

Conservatives and Independents

3

ALDRED, Chris

 

Liberal Democrats and Liberal

4

SLADDEN, Dan

 

Liberal Democrats and Liberal

5

SCHOFIELD, Mike

 

Green and Independents

Total Membership – (5)

Quorum – (3)




Con and Ind

Lib Dem and Lib

NY Ind

Labour

Ind

Green and Ind

Total

 

2

2

0

0

0

1

5

 

 

Substitute Members

 

Conservatives and Independents

Liberal Democrats and Liberal

 

Councillors Names

 

Councillors Names

1

DICKINSON, Caroline

1

 

2

 

2

 

3

 

3

 

4

 

4

 

5

 

5

 

Labour

 

 

Councillors Names

 

 

1

 

 

 

2

 

 

 

3

 

 

 

4

 

 

 

5

 

 

 

 

NOTE – A group of about 12 Members should develop particular expertise and experience on appeals matters, but only five Members should sit on the committee at any one time.  It is intended, therefore, that the Substitution Scheme should be used to vary membership of the committee in order to ensure that the expertise and experience of all Members of the committee, including all Substitute Members, is developed.

 

Terms of Reference of the Employment Appeals Committee

 

1.         To hear and determine appeals against decisions of Officers of the Council, where provision exists for appeals to a Member level body, or in the event of suspension of delegated budget for Community, Voluntary Controlled, Community Special and maintained nursery schools, to hear and determine appeals for staff of that school. 

 

·         Exceptions:

 

(a)     appeals against dismissals on the ground of redundancy and against selection for redundancy, which shall be determined by a Chief Officer or Senior Manager they have authorised to act in their place in consultation with an HR adviser, and

 

(b)     appeals against dismissals under the Council’s Attendance Management Policy shall be determined, in consultation with a Member to be drawn from the Appeals Committee, by a senior manager who has not previously been involved in the matter, and who is duly authorised to determine the appeal in accordance with paragraph 4.1 of the Officers’ Delegation Scheme.  The appeal will be advised by an HR adviser who has had no previous involvement in the case and who will have no role in decision-making and

 

(c)     appeals against dismissals under the Council’s Capability or Disciplinary Policies shall be determined, in consultation with a Member to be drawn from the Appeals Committee, by a Corporate Director/Assistant Chief Executive who has not been previously involved in the matter and who is duly authorised to determine the appeal in accordance with the Officers’ Delegation Scheme.  The appeal panel will be advised by the Head of HR/Principal Adviser who has had no previous involvement in the case, and who will not take part in decision-making.

 

2.         To exercise all functions (including, but not limited to, hearing and determination) in relation to appeals by the Chief Executive Officer against decisions of the Chief Officers Appointments and Disciplinary Committee to take disciplinary action against them short of dismissal.

 

3.         To exercise all functions (including, but not limited to, hearing and determination) in relation to appeals by the Chief Executive Officer against decisions of the Leader and/or the Chief Officers Appointments and Disciplinary Committee, on appraisal of the Chief Executive Officer, not to award an increment.

 

4.         To hear disciplinary/capability appeals against dismissal by Officers line managed by the Chief Executive Officer where the Chief Executive Officer has been involved in the dismissal process and it would be inappropriate for Members of Management Board, who also report to the Chief Executive Officer, to hear the appeal.

 

Notes:

 

No member of the Chief Officers Appointments and Disciplinary Committee shall sit on the Employment Appeals Committee when the Employment Appeals Committee is hearing appeals by the Chief Executive Officer against decisions of the Chief Officers Appointments and Disciplinary Committee to take disciplinary action against them short of dismissal.

 


 

Chief Officers Appointments and Disciplinary Committee

 

Membership

 

Councillors (10)

 

Councillors Names

 

Political Group

1

CRANE, Mark

 

Conservatives and Independents

2

DADD, Gareth

 

Conservatives and Independents

3

HARRISON, Michael

 

Conservatives and Independents

4

LES OBE, Carl

Chair

Conservatives and Independents

5

SANDERSON, Janet

 

Conservatives and Independents

6

FOSTER, Kevin

 

Green and Independents

7

SHAW-WRIGHT, Steve

 

Labour

8

LACEY, Peter

 

Liberal Democrats and Liberal

9

JEFFERSON, Janet

 

North Yorkshire Independent

10

SESTON, Tom

 

Reform UK

Total Membership – (10)

Quorum – (3)



Con and Ind

Lib Dem and Lib

NY Ind

Labour

Reform UK

Green & Ind

Total

 

5

1

1

1

1

1

10

 

 

Substitute Members

 

Conservatives and Independents

North Yorkshire Independents

 

Councillors Names

 

Councillors Names

1

 

1

 

2

 

2

 

3

 

3

 

Labour

Liberal Democrats and Liberal

 

Councillors Names

 

Councillor Names

1

 

1

BROADBANK, Philip

2

 

2

 

3

 

3

 

Green Party

 

 

1

 

 

 

2

 

 

 

3

 

 

 

 

Note:    This Committee (and any Sub-Committee) must include at least one Member of the Executive.


 

Delegated Powers

 

Appointments

 

1.         Where a vacancy occurs in the position of Chief Executive Officer, to:

 

(a)        interview all qualified applicants for the post; or

 

(b)        select a shortlist of such qualified applicants and interview those on the shortlist;

 

            and (in either case)

 

(c)        having carried out such interviews, either appoint (NB Note 1 below) one of the candidates to the vacancy, or decide not to appoint any of the candidates, but instead to take such further action in relation to the filling of the post as the committee may determine.

 

2.         Where a vacancy occurs in the position of any Chief Officer other than the Chief Executive Officer, to appoint a sub-committee (NB Note 4 below) to perform the functions set out at 1 (a)-(c) above in relation to that vacant post.

 

3.         To consider the outcome of the annual appraisal of the performance of the Chief Executive Officer by the Leader of the Council where the outcome will affect the terms and conditions of the Chief Executive Officer and to determine any necessary changes to such terms and conditions. Where, on appraisal of the Chief Executive Officer, the Leader and/or the Chief Officers Appointments and Disciplinary Committee determines that an increment should not be awarded, the Chief Executive Officer will have a right of appeal to the Employment Appeals Committee.

 

Note: for the avoidance of doubt, issues such as the award (or non-award) of an increment within the grade band of the Chief Executive Officer will not amount to a change in their terms and conditions necessitating a referral to this Committee.

 

4.         Subject to the sub-paragraphs below, to consider from time to time the terms and conditions of Chief Officers and make necessary changes to them:

 

(a)        The determination of the remuneration and other terms and conditions which shall apply to a Chief Officer post on appointment must comply with the Pay Policy Statement, provided that if it is proposed to make an appointment on terms and conditions which do not comply, the matter shall be referred to full Council for consideration as to whether the Pay Policy Statement should be amended prior to a final offer being made to any candidate.

 

(b)        Any amendments proposed to Chief Officer remuneration and other terms and conditions, which would comprise an amendment to the Pay Policy Statement, shall be considered by the Chief Officers Appointments and Disciplinary Committee (or, in the case of Assistant Directors and Assistant Chief Executives, by the Chief Executive Officer), and recommended by them to full Council for approval.

 

Notes:

 

1.         Full Council must approve, in advance, any offer of appointment as, or any notice of dismissal to, the Chief Executive Officer.

 

2.         Action under 2 above is to be reported to full Council at the first available opportunity.

 

3.         NB also Rules 5 and 6 of the Staff Employment Procedure Rules.

 

4.         Any Sub-Committee must include at least one member of the Executive.

 

Chief Executive Officer and Statutory Officer Disciplinary and Capability

 

5.         To exercise all functions (save as may be delegated elsewhere) of investigating and disciplinary committee as prescribed in the Joint Negotiating Committee National Salary Framework & Conditions of Service for Local Authority Chief Executives, in relation to disciplinary action in respect of the Chief Executive Officer, the Monitoring Officer or the Section 151 Officer, on the grounds of conduct, capability or for other substantial reasons (and where, in the case of the Monitoring Officer or Section 151 Officer, the likely outcome is dismissal; in this regard such delegation including, but not limited to:

 

(a)        the initial investigation and consideration of allegation(s) relating to the conduct or capability of the Chief Executive Officer, Monitoring Officer or Section 151 Officer, or other substantial issue(s) which may require investigation;

 

(b)        the determination of whether the allegation(s) require any informal or formal action and whether the appointment of an Independent Investigator to investigate the allegation(s) is required;

 

(c)        where necessary, the appointment of an Independent Investigator to investigate the allegation(s);

 

(d)        the consideration of whether precautionary action is required (including the power to suspend the Chief Executive Officer, Monitoring Officer or Section 151 Officer, subject always to the legal requirements regarding such suspension) and, if so, the determination of the extent and terms of such precautionary action;

 

(e)        the receipt and consideration of Independent Investigator reports;

 

(f)        where appropriate, the referral of the matter back to the Independent Investigator for further investigation and report;

 

(g)        the hearing and determination of the allegation(s) at a disciplinary hearing, including the decision as to whether any disciplinary action (including dismissal) is necessary after consideration of the Independent Investigator’s report.

 

5.    Where there is a proposal to dismiss the Chief Executive Officer, the Monitoring Officer or the Section 151 Officer, then the matter must be referred to a Chief Officers Disciplinary Panel, including at least two Independent Persons appointed under section 28(7) of the Localism Act 2011, for the Panel’s views and recommendations, which must be taken into account by full Council in determining the matter.

 


 

Chief Officers Disciplinary and Capability

 

7.         To hear and determine all appeals made by Chief Officers who are not covered by the Local Authorities (Standing Orders) (England) (Amendment) Regulations 2015, of the Council, against decisions made by the Chief Executive Officer in respect of:

 

(a)        Disciplinary and capability action (up to and including dismissal),

(b)        Redundancy and sickness absence/ill health dismissals

(c)        Dismissals for some other substantial reason.

(d)        Grievance/Resolving Issues at Work issues

 

The Committee will be advised by a Head of HR not previously involved.

 

To hear and determine all appeals made by Statutory Chief Officers of the Council, against decisions made by the Chief Executive Officer in respect of:

 

(a)        Capability action (less than dismissal)

(b)        Disciplinary action (less than dismissal)

(c)        Redundancy and sickness absence/ill health dismissals

(d)        Grievance/Resolving Issues at Work issues

 

The Committee will be advised by a Head of HR not previously involved.

 


 

Chief Officers Appointments Sub-Committee

 

Membership

 

Councillors (10)

 

Councillor name

 

Political group

1

DADD, Gareth

 

Conservatives and Independents

2

LES OBE, Carl

Chair

Conservatives and Independents

3

SANDERSON, Janet

 

Conservatives and Independents

4

FOSTER, Richard

 

Conservatives and Independents

5

MYERS, Simon

 

Conservatives and Independents

6

WILKINSON, Annabel

 

Conservatives and Independents

7

SHAW-WRIGHT, Steve

 

Labour

8

FOSTER, Kevin

 

Green & Independents

9

LACEY, Peter

 

Liberal Democrat

10

SESTON, Tom

 

Reform

Total Membership – (10)

Quorum – (3)



Con and Ind

Lib Dem and Lib

NY Ind

Labour

Ind

Green & Ind

Total

 

6

1

1

1

0

1

10

 

 

 

Substitute Members

 

Conservatives and Independents

North Yorkshire Independents

 

Councillors Names

 

Councillors Names

1

 

1

 

2

 

2

 

Labour

Liberal Democrats and Liberal

 

Councillors Names

 

Councillor Names

1

 

1

BROADBANK, Philip

2

 

2

 

Green Party

 

 

1

 

 

 

2

 

 

 

 

Note:

 

1.         Where a vacancy occurs in the position of any Chief Officer other than the Chief Executive Officer, to appoint a sub-committee (NB Notes 2-5 below).

 

2.         Full Council must approve, in advance, any offer of appointment as, or any notice of dismissal to, the Chief Executive Officer.

 

3.         Action under 2 above is to be reported to full Council at the first available opportunity.

 

4.         NB also Rules 5 and 6 of the Staff Employment Procedure Rules.

 

5.         Any Sub-Committee must include at least one member of the Executive.


 

Chief Officers Disciplinary Panel

 

Membership

 

Councillors/Independent Persons ( )

 

Names

 

Political Group

1

 

 

 

2

 

 

 

3

 

 

 

4

 

 

 

5

 

 

 

6

 

 

 

7

 

 

 

8

 

 

 

Total Membership – ( )

Quorum – (3)


Con and Ind

Lib Dem and Lib

NY Ind

Labour

Ind

Green Party

Total

 

 

 

 

 

 

 

 

 

 

NOTE – Where there is a proposal to dismiss the Chief Executive Officer, the Monitoring Officer or the Section 151 Officer, then the matter must be referred to a Chief Officers Disciplinary Panel, including at least two Independent Persons appointed under section 28(7) of the Localism Act 2011, for the Panel’s views and recommendations, which must be taken into account by full Council in determining the matter.

 

The Assistant Chief Executive HR and Business Support makes all appointments to the Chief Officers Disciplinary Panel.

 


 

Pension Fund Committee

 

Membership

 

Councillors (10)

 

Councillors’ names

 

Political group

1

GIBBS, Sam

 

Conservatives and Independents

2

LUNN, Cliff

 

Conservatives and Independents

3

THOMPSON, Angus

Chair

Conservatives and Independents

4

WILKINSON, Peter

Vice Chair

Conservatives and Independents

5

BAKER, Alyson

 

Conservatives and Independents

6

NOLAND, David

 

Green and Independents

7

SWANNICK, Neil

 

Labour

8

SLADDEN, Dan

 

Liberal Democrats and Liberal

9

JORDAN, Mike

 

Reform UK

10

DONOHUE-MONCRIEFF, Michelle

 

Unaffiliated Independent

Members other than Councillors

1

KILBANE, Peter

City of York (voting)

2

PORTLOCK, David

Chair of the Pension Board (non-voting)

3

FLETCHER, John

Union representative - UNISON (non-voting)

4

VACANT

Union representative - (non-voting)

5

VACANT

Union representative - (non-voting)

Total Membership – (13)

Quorum – (3) Councillors




Con and Ind

Lib Dem and Lib

Unaff Ind

Labour

Reform

Green & Ind

Other voting members

Total

5

1

1

1

1

1

1

11

 

Delegated Powers

 

1.         To exercise the powers of the Council to invest monies forming part of the North Yorkshire Pension Fund, including:

 

·         to determine and periodically review the Investment Strategy, the Funding Strategy and other governance documents of the Pension Fund

·         to appoint investment managers to manage and invest Pension Fund monies on the Council’s behalf

·         to determine what the Pension Fund requires its investment pooling provider Border to Coast Pensions Partnership to provide, in order to implement its investment strategy

·         to receive reports from the appointed investment managers setting out the action they have taken under their appointment

·         to receive reports from the Investment Adviser and the Investment Consultant regarding the investment performance of the appointed investment managers and the Pension Fund overall

·         from time to time to consider the desirability of continuing or terminating the appointments of any organisations involved in the investment of the monies of the Pension Fund

·         to receive regular reports on the budget and cash flow of the Pension Fund

·         to receive regular reports on the administration of benefits of the Pension Fund covering member and employer issues

·         to approve a Statement of Final Accounts and associated governance statements for submission to the Audit Committee

·         to approve the Annual Report of the Pension Fund; and

·         from time to time reporting to the Executive.

 

2.         To exercise all the Council’s powers as administering authority for the North Yorkshire Pension Fund, subject to any specific instructions that might be given from time to time by the Council.

                 i.          To carry out the Council’s functions relating to local government pensions scheme (LGPS) under

                ii.          The Local Government Pension Scheme Regulations 2013

               iii.          The Local Government Pension Scheme (Transitional Provisions, Savings and Amendments) Regulations 2014

              iv.          The Local Government Pension Scheme (Management and Investment of Funds) Regulations 2016

            and any other Regulations that relate specifically to the Council‘s responsibility to administer the Local Government Pension Scheme.


 

Pension Board

Membership

 

(9)

 

Names

 

1

PORTLOCK, David

Chair – Independent Member (Non-voting)

2

WATSON, Steve

Employer Representative

3

ROWLEY BEM, Martin

Employer Representative

4

BARBERY, Emma

Employer Representative

5

ROBINSON, Andrew

Employer Representative

6

PURCELL, Simon

Scheme Member Representative (retired)

7

HOULGATE, David

Scheme Member Representative (active)

8

THOMPSON, Sam

Scheme Member Representative (active)

9

BRASS, Eddie

Scheme Member Representative (deferred)

 

Quorum – The Board shall be quorate if the Chair, one scheme representative and one employer representative are present.

 

 

 

Terms of Reference and Delegated Authorities

1)         Role of the local Pension Board

The role of the local Pension Board as defined by sections 5 (1) and (2) of the Public Service Pensions Act 2013, is

·      to assist North Yorkshire Council (NYC) as Administering Authority in its role as Scheme Manager

·      to secure compliance with the Local Government Pension Scheme (LGPS) regulations and any other legislation relating to the governance and administration of the LGPS

·      to secure compliance with the requirements imposed in relation to the LGPS by the Pensions Regulator

·      to secure the effective and efficient governance and administration of the LGPS for the North Yorkshire Pension Fund (NYPF, or the Fund)

·      in such other matters as the LGPS regulations may specify

·    to provide the Scheme Manager with such information as it requires to ensure that any member of the Pension Board or person to be appointed to the Pension Board does not have a conflict of interest

the terms “Administering Authority” and “Scheme Manager” are used interchangeably in the Regulations but are separately defined in this document (see section 18).  NYC as the Administering Authority has ultimate responsibility for the Fund and has delegated powers to manage the Fund to the Pension Fund Committee (PFC).

 

These Regulations provide that the Pension Board has the general power to do anything which is calculated to facilitate, or is conducive or incidental to, the discharge of any of its functions.

 

The Pension Board will ensure it effectively and efficiently complies with the code of practice on the governance and administration of public service pension schemes issued by the Pension Regulator.

 

The Pension Board will also help ensure that the NYPF is managed and administered effectively and efficiently and complies with the code of practice on the governance and administration of public service pension schemes issued by the Pension Regulator, with due regard to guidance issued by Government, the Pensions Regulator and the National Scheme Advisory Board.

 

The Pension Board shall meet sufficiently regularly to discharge its duties and responsibilities effectively, but not less than four times in any year. 

 

The Pension Board will determine the precise timing of its own meetings, which will take place at suitable intervals between PFC meetings so that PFC activity relevant to the Board can be considered and responses to recommendations reviewed prior to the next meeting of the PFC.

 

The Pension Board will undertake formal meetings remotely, through an appropriate media platform, and subject to the relevant live broadcast requirements, when circumstances arise that prevent physical meetings from taking place.  The Meetings should be wholly remote or physical and should not be undertaken in a hybrid manner.

 

2)         Membership and appointment process

The Pension Board shall consist of 9 members and be constituted as follows:

            i) 4 scheme member representatives, of whom

1.    2 shall represent and be drawn from active members of the Fund

2.    1 shall represent and be drawn from pensioner and deferred pensioner members of the Fund

3.    1 shall represent and be drawn from either the active or deferred/pensioner members of the Fund

            ii) 4 employer representatives, of whom

1.    1 shall be nominated by NYC who shall meet the requirements of the relevant regulations in relation to avoidance of conflict with the Council’s role as Administering Authority

2.    1 shall be nominated by the City, the Police and Fire bodies and the National Parks which are employers within the Fund

3.    1 shall be nominated by all other employers within the Fund

4.    1 shall be nominated by any employer other than NYC

            iii) 1 independent member, who shall be appointed as Chair of the Pension Board

Elected Members and officers involved in the management and administration of the Fund are not permitted to become Pension Board members.

The Administering Authority will contact employers and members of the Fund to inform them of the Pension Board arrangements and to canvass interest whenever appointments to the Pension Board are required.  Active, pensioner and deferred pensioner members will be eligible to nominate themselves as “scheme member representatives”.  Individuals put forward by the Fund’s employers, whether or not those individuals are members of the Fund, will be eligible to stand as “employer representatives”.

The position of independent member will be advertised publicly.  The Administering Authority will seek an independently minded individual with a track record of dealing with governance issues.

Following receipt of nominations/applications the Administering Authority will arrange an independent as possible appointment process.  This process will include assessing information supplied by candidates in support of their nomination/application and may be supplemented by interviews as appropriate.

Members in all categories will only be appointed to the Pension Board by the Administering Authority if they either meet the knowledge and skills requirements set out in the relevant regulations and guidance (see Section 7) or commit to do so within 3 months of the appointment date.

Members of the Pension Board will serve for a term of 4 years following which they may either retire from the Board or seek nomination for an additional term.  The term of office may otherwise come to an end

1.            for scheme member representatives if they cease to be a member of the relevant group

2.            for employer representatives who are councillors if they cease to hold office as a councillor

3.            for employer representatives who are not councillors when they cease to be employed by their nominating employer

4.            for a councillor member who is appointed to the PFC

5.            for a scheme member or employer representative who is appointed to a role with responsibility for the management or administration of the Fund

6.            where there is a conflict of interest which cannot be managed in accordance with the Pension Board’s Conflicts of Interest Policy

7.            where a member fails to attend meetings, undertake training or otherwise comply with the requirements of being a Pension Board member

Each Pension Board member should endeavour to attend all Board meetings during the year and is expected to attend at least 3 meetings each year.  The chair of the Board is also expected to attend the quarterly meetings of the PFC.

 

Given the nature of the Pension Board as a supervisory body and the need for appropriate knowledge and skills and the clear avoidance of conflicts of interest, substitute members are not permitted.

In the event of consistent non-attendance by any Board member, then the tenure of that membership should be reviewed by the other Board members in liaison with the Administering Authority.

Other than by ceasing to be eligible as set out above, a Board member may also be removed from office during a term of appointment by the unanimous agreement of all of the other members. The removal of the independent member requires the consent of the Administering Authority.

 

3)         Conflicts of interest

The policy for identifying, monitoring and managing conflicts of interest is set out in a separate policy document, which should be regularly reviewed by the Pension Board.

4)         Standards of conduct

The role of Pension Board members requires the highest standards of conduct and therefore the “seven principles of public life” will be applied to all Pension Board members and embodied in their code of conduct.

These are:

  1. selflessness
  2. integrity
  3. objectivity
  4. accountability
  5. openness
  6. honesty
  7. leadership

5)         Knowledge and skills

A member of the Pension Board must be conversant with:

·         The legislation and associated guidance of the LGPS

·         Any document recording policy about the administration of the LGPS which is for the time being adopted by the NYPF

A member of the Pension Board must have knowledge and understanding of:

·         the law relating to pensions, and

·         any other matters which are prescribed in the regulations

Individual Pension Board members must satisfy themselves that they have the appropriate degree of local knowledge and understanding to enable them to properly exercise their functions as a member of the Pension Board.  This includes being fully aware of all requirements detailed in these terms of reference for example on standards of conduct and conflicts of interest, and being conversant with the investment strategy of the Fund.

In line with this requirement Pension Board members are required to be able to demonstrate their knowledge and understanding and to refresh and keep their knowledge up to date. Pension Board members are therefore required to maintain a written record of relevant training and development.

Pension Board members will undertake a personal training needs analysis and regularly review their skills, competencies and knowledge to identify gaps or weaknesses.

6)         Board review process

The Board will undertake each year a formal review process to assess how well it and its members are performing with a view to seeking continuous improvement in the Board’s performance.

7)         Accountability

The Pension Board will be collectively and individually accountable to the Administering Authority.

8)         Remit of the Board

The Pension Board must assist the Administering Authority with such matters as the scheme regulations may specify. It is for scheme regulations and the Administering Authority to determine precisely what the Pension Board’s role entails.  Examples of activity include, inter alia:

1.            reviewing the Fund’s governance and policy documents, such as the Governance Compliance Statement and the Communications Policy Statement

2.            reviewing the Fund’s Annual Report

3.            reviewing the administrative performance of the Fund

4.            reviewing shareholder voting and engagement arrangements

5.            reviewing the Fund’s Risk Register

6.            reviewing the NYPF website

7.            supporting and challenging PFC actions as a critical friend

8.            reviewing the governance of the new pooling arrangements, to assist in ensuring compliance, effective and efficient reporting, and the monitoring of investment management.


 

9)         Decision making

Each Pension Board member who is a scheme member or employer representative will have an individual voting right but it is expected that the Pension Board will as far as possible reach a consensus.  The Chair of the Pension Board will not be entitled to vote.

10)       Quorum

The Board shall be quorate if the Chair, 1 scheme member representative and 1 employer representative are present.

11)       Board meetings – notice, minutes and reporting

The Administering Authority shall give notice to all Pension Board members of every meeting of the Pension Board and shall ensure that a formal record of Pension Board proceedings is maintained.  Following the approval of the minutes by the Chair of the Board, they shall be circulated to all Pension Board members.

The Pension Board is a committee of the Council and as such the Council’s rules on notice of meetings, publishing agendas, reports and minutes and that meetings and papers (unless exempt) are open to the public will apply.  At the discretion of the Administering Authority items may be edited or excluded on the grounds that they would either involve the likely disclosure of exempt information as specified in Part 1 of Schedule 12A of the Local Government Act 1972 or it being confidential for the purposes of Section 100A(2) of that Act and/or they represent data covered by the Data Protection Act 1998.

The Pension Board shall annually report to the Administering Authority on its nature and activities.  The precise content of this report will be subject to consideration and agreement at a meeting of the Board but as a minimum should include

1.            details of members attendance at meetings of the Pension Board

2.            details of training and development activities made available to Pension Board members and attendance at such activities

3.            details of any recommendations made by the Pension Board to the Scheme Manager and the Scheme Manager’s response to those recommendations

4.            details of costs incurred in the operation of the Pension Board

5.            a review of the effectiveness of the Board (see Section 6)

In consideration of items of business at its ordinary meetings the Pension Board shall determine whether it wishes to make recommendations to the Scheme Manager, to which the Scheme Manager shall respond at the subsequent meeting.

The Pension board shall also report as required by the regulations to the Pensions Regulator and the National Scheme Advisory Board.

12)       Reporting breaches

Any breach brought to the attention of the Pension Board, whether potential or actual, shall be dealt with in accordance with the procedure set out in the draft code of practice 14 issued by the Pensions Regulator, Governance and Administration of Public Service Pension Schemes.

 

13)       Escalation of matters of serious concern

 

Where a matter of serious concern arises regarding compliance or a potential breach of the regulations, the Pension Board must inform the Scheme Manager immediately, and may escalate reporting to the Monitoring Officer, to the National Scheme Advisory Board and the Pensions Regulator if considered necessary and appropriate.

 

14)       Publication of Pension Board information

Scheme members and other interested parties will want to know that the NYPF is being efficiently and effectively managed.  They will also want to be confident that the Pension Board is properly constituted, trained and competent in order to comply with scheme regulations, and to carry out its role in relation to the governance and administration of the scheme and requirements of the Pension Regulator.

Up to date information will be posted on the NYPF website showing:

2.    the names of the Pension Board members and other relevant information

3.    how the scheme members are represented on the Pension Board

4.    the responsibilities of the Pension Board as a whole

5.    the full terms of reference and policies of the Pension Board and how they operate

6.    the Pension Board appointment process

7.    any specific roles and responsibilities of individual Pension Board members

The Administering Authority will also consider requests for additional information to be published or made available to individual scheme members to encourage scheme member engagement and promote a culture of openness and transparency.

15)       Advice to the Board

The Board will be supported in its role and responsibilities by the Administering Authority through advice and support as appropriate.

16)       Expense reimbursement, remuneration and allowances

The Administering Authority will determine remuneration and allowances to be paid to Pension Board members based on recommendations made by the Independent Panel on Members Remuneration.  These arrangements are reviewed annually.

Expenses in connection with fulfilling Pension Board responsibilities will be met by the Fund based on the Council’s Members Scheme of Allowances and officers Travel and Expenses Policy as appropriate.  The costs of appropriate training will also be met by the Fund.

 

17)       Insurance

 

The Council’s Public Liability Insurance applies to members of the Pension Board.

18)       Updating the Pension Board Terms of Reference

Approval for significant amendments must be pursued through the Council’s Constitution Working Group.  General updating or housekeeping can be carried out without the need to seek formal approval.

19)       Definitions

The undernoted terms shall have the following meaning when used in this document:

“Pension Board” or “Board”

Means the Pension Board for the Council as the Administering Authority of the NYPF as required under the Public Service Pensions Act 2013

“Administering Authority”

Means the Council

”Scheme Manager”

Means the PFC of the Council

“Chair”

The individual responsible for chairing meetings of the Pension Board and guiding its debates

“LGPS”

The Local Government Pension Scheme as constituted by the Local Government Pension Scheme Regulations 2013, the Local Government Pension Scheme (Transitional Provisions, Savings and Amendment) Regulations 2014 and the

The Local Government Pension Scheme (Management and Investment of Funds) Regulations 2009

“Scheme”

Means the Local Government Pension Scheme as defined under “LGPS”


 

Area Committees

Harrogate and Knaresborough Area Committee

Membership

Councillors (13)

 

Councillors name

 

Political group

Electoral division

1

GIBBS, Sam

 

Conservatives and Independents

Valley Gardens and Central Harrogate

2

HARRISON, Michael

 

Conservatives and Independents

Killinghall, Hampsthwaite and Saltergate

3

MANN, John

 

Conservatives and Independents

Oatlands and Pannal

4

WINDASS, Robert

 

Conservatives and Independents

Boroughbridge and Claro

5

HASLAM, Paul

Vice Chair

Independent Unaffiliated

Bilton and Nidd Gorge

6

ALDRED, Chris

Chair

Liberal Democrats and Liberal

High Harrogate and Kingsley

7

BROADBANK, Philip

 

Liberal Democrats and Liberal

Fairfax and Starbeck

8

GOSTLOW, Hannah

 

Liberal Democrats and Liberal

Knaresborough East

9

LACEY, Peter

Liberal Democrats and Liberal

Coppice Valley and Duchy

10

TIMOTHY, Andrew

 

Liberal Democrats and Liberal

Stray, Woodlands and Hookstone

11

SLATER, Monika

Liberal Democrats and Liberal

Bilton Grange and New Park

12

WALKER, Matt

 

Liberal Democrats and Liberal

Knaresborough West

13

SCHOFIELD, Mike

 

North Yorkshire Independent

Harlow and St Georges

Total Membership – (13)

Quorum – (3)

 


 

Richmond (Yorks) Area Committee

Membership

Councillors (16)

 

Councillors name

 

Political group

Electoral division

1

DICKINSON, Caroline

Vice Chair

Conservatives and Independents

Northallerton South

2

HUGILL, David

 

Conservatives and Independents

Hutton Rudby and Osmotherley

3

JONES, Tom

 

Conservatives and Independents

Scotton and Lower Wensleydale

4

LES OBE, Carl

 

Conservatives and Independents

Catterick Village and Brompton-on-Swale

5

MOORHOUSE, Heather

 

Conservatives and Independents

Great Ayton

6

PEACOCK, Yvonne

Chair

Conservatives and Independents

Upper Dales

7

SEDGWICK, Karin

 

Conservatives and Independents

Leyburn and Middleham

8

THOMPSON, Angus

 

Conservatives and Independents

North Richmondshire

9

WATSON, Steve

 

Conservatives and Independents

Northallerton North and Brompton

10

WEBSTER, David

 

Conservatives and Independents

Bedale

11

WEIGHELL OBE, John

 

Conservatives and Independents

Aiskew and Leeming

12

WILKINSON, Annabel

 

Conservatives and Independents

Morton-on-Swale and Appleton Wiske

13

WILKINSON, Peter

 

Conservatives and Independents

Romanby

14

FOSTER, Kevin

 

Green Party

Hipswell and Colburn

15

GRIFFITHS, Bryn

 

Liberal Democrats and Liberal

Stokesley

16

PARSONS, Stuart

 

North Yorkshire Independent

Richmond

Total Membership – (16)

Quorum – (3)

 

 


 

Scarborough and Whitby Area Committee

Membership

Councillors (15)

 

Councillors name

 

Political group

Electoral division

1

BASTIMAN, Derek

 

Conservatives and Independents

Scalby and the Coast

2

CHANCE, David

 

Conservatives and Independents

Danby and Mulgrave

3

JEFFELS, David

 

Conservatives and Independents

Derwent Valley and Moor

4

PEARSON, Clive

 

Conservatives and Independents

Esk Valley and Coast

5

PHILLIPS, Heather

 

Conservatives and Independents

Seamer

6

SWIERS, Roberta

 

Conservatives and Independents

Cayton

7

TRUMPER, Phil

 

Conservatives and Independents

Whitby West

8

MAW, Rich

 

Independent (Unaffiliated)

Weaponnes and Ramshill

9

SESTON, Tom

 

Reform UK

Eastfield

10

BROADBENT, Eric

 

Labour

Northstead

11

COLLING, Liz

Chair

Labour

Falsgrave and Stepney

12

RITCHIE, John

 

Labour

Woodlands

13

SHARMA, Subash

 

Labour

Newby

14

SWANNICK, Neil

 

Labour

Whitby and Streonshalh

15

JEFFERSON, Janet

Vice Chair

North Yorkshire Independent

Castle

Total Membership – (15)

Quorum – (3)


 

Selby and Ainsty Area Committee

Membership

Councillors (16)

 

Councillors name

 

Political group

Electoral division

1

ARTHUR, Karl

 

Reform UK

Cliffe and North Duffield

2

CRANE, Mark

 

Conservatives and Independents

Brayton and Barlow

3

GROGAN, Tim

 

Conservatives and Independents

Monk Fryston and South Milford

4

LEE, Andrew

 

Conservatives and Independents

Appleton Roebuck and Church Fenton

5

LUNN, Cliff

 

Conservatives and Independents

Thorpe Willoughby and Hambleton

6

PARASKOS, Andy

 

Conservatives and Independents

Spofforth with Lower Wharfedale and Tockwith

7

WARNEKEN, Arnold

 

Green

Ouseburn

8

DAVIS, Melanie

Chair

Labour

Selby West

9

DUCKETT, Stephanie

 

Labour

Barlby and Riccall

10

PACKHAM, Bob

 

Labour

Sherburn in Elmet

11

PROUD, Jack

 

Labour

Selby East

12

SHAW-WRIGHT, Steve

 

Labour

Selby West

13

CATTANACH, John

 

North Yorkshire Independent

Cawood and Escrick

14

JORDAN, Mike

 

Reform UK

Camblesforth and Carlton

15

McCARTNEY, John

 

North Yorkshire Independent

Osgoldcross

16

POSKITT, Kirsty

Vice Chair

North Yorkshire Independent

Tadcaster

Total Membership – (16)

Quorum – (3)

 


 

Skipton and Ripon Area Committee

Membership

Councillors (15)

 

Councillors name

 

Political group

Electoral division

1

BROWN, Nick

 

Conservatives and Independents

Wathvale and Bishop Monkton

2

FOSTER, Richard

Chair

Conservatives and Independents

Wharfedale

3

HULL, Nathan

 

Conservatives and Independents

Washburn and Birstwith

4

IRETON, David

 

Conservatives and Independents

Bentham and Ingleton

5

MYERS, Simon

 

Conservatives and Independents

Mid Craven

6

STAVELEY, David

 

Conservatives and Independents

Settle and Penyghent

7

HESELTINE, Robert

 

Conservatives and Independents

Skipton East and South

8

WILLIAMS, Andrew

 

Conservatives and Independents

Ripon Minster and Moorside

9

BROWN, Andy

 

Green Party

Aire Valley

10

NOLAND, David

 

Green Party

Skipton North and Embsay-with-Eastby

11

CUNLIFFE-LISTER, Felicity

 

Liberal Democrats and Liberal

Masham and Fountains

12

BRODIGAN, Barbara

 

Liberal Democrats and Liberal

Ripon Ure Bank and Spa

13

MURDAY, Andy

 

Liberal Democrats and Liberal

Pateley Bridge and Nidderdale

14

BARRETT, Philip

 

North Yorkshire Independent

Glusburn, Cross Hills and Sutton-in-Craven

15

SOLLOWAY, Andy

Vice Chair

North Yorkshire Independent

Skipton West and West Craven

Total Membership – (15)

Quorum – (3)


 

Thirsk and Malton Area Committee

Membership

Councillors (15)

 

Councillors name

 

Political group

Electoral division

1

BAKER, Alyson

 

Conservatives and Independents

Hillside and Raskelf

2

DADD, Gareth

 

Conservatives and Independents

Thirsk

3

DUNCAN, Keane

 

Conservatives and Independents

Norton

4

JABBOUR, George

 

Conservatives and Independents

Helmsley and Sinnington

5

KNAPTON, Nigel

Chair

Conservatives and Independents

Easingwold

6

SANDERSON, Janet

 

Conservatives and Independents

Thornton Dale and Wolds

7

TAYLOR, Malcolm

 

Conservatives and Independents

Huby and Tollerton

8

WHITE, Greg

 

Conservatives and Independents

Kirkbymoorside

9

GOODRICK, Caroline

Vice Chair

Conservatives and Independents

Sheriff Hutton and Derwent

10

CROSS, Sam

 

Independent (Unaffiliated)

Filey

11

DONOHUE-MONCRIEF, Michelle

 

Independent (Unaffiliated)

Hunmanby and Sherburn

12

ANDREWS, Joy

 

Liberal Democrats and Liberal

Pickering

13

MASON, Steve

 

Liberal Democrats and Liberal

Amotherby and Ampleforth

14

SLADDEN, Dan

 

Liberal Democrats and Liberal

Sowerby and Topcliffe

15

BURR, Lindsay MBE

 

North Yorkshire Independent

Malton

Total Membership – (15)

Quorum – (3)

 

 

Membership

The Council will appoint the Area Committees in accordance with Article 10.

Quorum

The quorum will be not less than 3 Members.

Substitute Members

Substitute Members are not permitted on the Area Committees.

Terms of Reference

1.    In relation to Area Committees, see also Article 10 of the Constitution.

2.    Area Committees should not make decisions which significantly affect parts of North Yorkshire outside the Committee’s area.

3.    Area Committees shall provide for visible local democracy and accountability for Division and Executive Members through public meetings held in each of the Constituency Committee areas.

4.    The Area Committees shall act as a forum for local issues to be raised by the public and/or Community Partnerships through questions and statements.

5.    The Area Committees shall empower and enable delivery of Community Area Action Plans and other local priorities brought to its attention by Division Members, Town and Parish Councils, Community Partnerships and members of the public.

6.    The Area Committees shall engage in cross boundary discussions whenever appropriate.

7.    To support and be consulted on development plan documents at formal decision making stages of the plan making process.

8.    To support and be consulted in respect of Neighbourhood Plans within the constituency area

Delegated powers

1.            To act as consultees in major decisions affecting their area and to influence policy development and the strategic agenda of the Council.

2.            To provide meaningful scrutiny of local issues within their area, complementing the strategic work undertaken by the Council’s six Overview and Scrutiny Committees.

3.            To receive corporate performance information and to hold the Executive to account by constructively challenging performance data or service delivery in respect of issues with local significance.

4.            To engage upon, receive reports and be consulted on, major educational health care and leisure issues affecting their locality.

5.            To engage throughout the year with the 6 North Yorkshire MPs to develop a shared understanding of key local issues and opportunities affecting the area.

6.            To engage with relevant partnerships and partner organisations in identifying potential areas for support and issues to challenge and to join up relevant partners in areas of shared interest.

7.            To advise the Council on boundary consultations.

8.            To monitor and act as a consultee in relation to major projects within the Area Committee boundary.

9.            To make appointments to outside bodies in accordance with paragraphs 2 and 3 of Schedule 5 to Part 3 of the Constitution.

10.          To exercise, within the approved budget and policy framework, the following powers and duties:

*(a)  aspects of the Private Street Works procedure for which objections have been received;

*(b)  the making and enforcement of new street Byelaws and Orders;

(c)   the stopping up or diversion of highways (other than public rights of way) where an objection is received from any person or body entitled under the relevant statute;

*(d)  the stopping-up and provision of access to premises from highways;

(e)   the promotion of road safety information, advice or training;

11.          To act as a consultee on Traffic Regulation Orders where it is considered by the Corporate Director of Environment in consultation with the relevant Executive Member(s) that a proposed Traffic Regulation Order meets the criteria for having a wide area impact.

12.          To respond to any consultation under the Local Government (Miscellaneous Provisions) Act 1982, Section 3.

13.          To consider other matters referred to it by the Council, the Executive or overview and scrutiny committees.

14.          To make recommendations to the Corporate Director of Community Development in respect of ‘seed funding’ or match funding for projects to be allocated from any delegated Area Committee Budget the Director may have.

15.          To lead, consider and make recommendations concerning the promotion of economic development within the Area Committee area.

16.           To promote and encourage enterprise and investment in the Area Committee area and to maintain and sustain the economic well-being and regeneration of the area.

17.           To develop a climate where businesses and individuals can innovate, compete and contribute to the economic development and regeneration of the area, and excellence in local business.

18.           To encourage the growth of existing businesses in the area and access to the skills and training necessary to support them.

19.           To consider and make recommendations relating to the promotion, maintenance and enhancement of the vitality and viability of shopping centres / market towns within the area.

20.           To make recommendations to the Corporate Director of Community Development on the expenditure of Community Infrastructure Levy and appropriate section 106 expenditure.

21.           To consult with the Chamber of Commerce, Federation of Small Businesses, residents and other interested third parties.

22.           To promote and encourage tourism and heritage, arts, leisure and culture, and to scrutinise progress of plans and proposals related to this and also decarbonisation, agriculture, transport and the care sector.

23.           To consider making recommendations in relation to parking (off street provision in Council owned / leased off street parking places).

24.           To consider and review crime and disorder and community safety.

25.           To check upon the working of double devolution deals within the AC boundary.

26.           With the agreement of the Chair of the Area Committee, to make recommendations to the appropriate officer and/or body regarding the following matters as they affect the Area Committee’s area:

a)  Housing

b)  Transport

c)   Estate needs for North Yorkshire Council

d)  Climate change and environmental issues

NB:      Items marked * are delegated to Area Committees by the Council; other items are delegated to Area Committees by the Executive. 

 


 

North Yorkshire Health and Wellbeing Board

 

Membership

 

Councillors (3)

1

HARRISON, Michael (Chair)

Executive Member for Health and Adult Services

2

MYERS, Simon

Executive Member for Culture, Arts and Housing

3

SANDERSON, Janet

Executive Member for Children and Families

Local Authority Officers (5)

4

BARRON, Abigail

North Yorkshire Council, Corporate Director, Health and Adult Services

5

MAYHEW, El

North Yorkshire Council, Corporate Director, Children and Young People’s Service

6

WALLACE, Louise

North Yorkshire Council, Director of Public Health

7

HARNE, Nic

North Yorkshire Council, Corporate Director of Community Development

Integrated Care Boards (3)

8

SANDFORD, Matt

Director of Partnership and Place, Bradford District and Craven Health and Care Partnership (part of NHS West Yorkshire Integrated Care Board)

9

BLOOR, Amanda

Chief Operating Officer, NHS Humber and North Yorkshire Integrated Care Board

10

BRADLEY, Mark

Place Director for North Yorkshire, NHS Humber and North Yorkshire Integrated Care Board

Other Members (3)

11

Vacancy

 

12

GREEN, Ashley

Chief Executive Officer, Healthwatch, North Yorkshire

13

QUINN, Jill

Chief Executive of Dementia Forward (Voluntary Sector Representative)

Co-opted Members (5) – Voting

14

CAMPBELL, Zoe

Managing Director, North Yorkshire, York and Selby Care Group, Tees, Esk and Wear Valleys NHS Foundation Trust (Mental Health Trust Representative)

15

COULTER, Jonathan

Chief Executive, Harrogate District NHS Foundation Trust

16

TYRER, Dr Sally

Chair of the North Yorkshire Branch, YORLMC (Primary Care Representative)

17

Vacancy

Chief Constable (Emergency Services Representative)

18

PADGHAM, Mike

Chief Executive, Independent Care Group (Care Providers Representative)

Substitute Members

 

AJAYI, Foluke

Chief Executive of Airedale NHS Foundation Trust

 

CRANNA, Brian

North Yorkshire, York and Selby Director of Operations and Transformation, Tees, Esk and Wear Valleys NHS Foundation Trust

 

DIXON, Catherine Dr

YORLMC (Primary Care)

 

DYSON, Jonathan

Chief Fire Officer, Emergency Services

 

PATTINSON, John

Operations Director, Independent Care Group

 

Notes:

·         The Health and Wellbeing Board is exempt from the requirements as to political balance set out in Sections 15-16, Schedule 1 Local Government Housing Act 1989.

·         The Councillor Membership of the Board is nominated by the Leader of the Council. In the event that the number of portfolio holders responsible for health and well related issues increases, the additional portfolio holders will also be a Member of the Board.   

·         All members of the Health and Wellbeing Board or any sub committees of the Health and Wellbeing Board are voting Members unless the Council decides otherwise.

 

 

Terms of Reference

 

1.         Core functions

 

1.1       The Health and Social Care Act 2012 requires the Council to establish a Health and Wellbeing Board (the Board) for its area to encourage the improvement and integration of working of health and social care for North Yorkshire.

 

1.2       To promote integration and partnership across the Council’s area including promoting joined up commissioning plans across the NHS and Social Care.

 

1.3       To support joint commissioning and pooled budgets.

 

1.4       To assess the needs of the population in the Council’s area and lead the statutory Joint Strategic Needs Assessment (JSNA) and the Joint Health and Wellbeing Strategy (JHWS).

 

1.5       To be a forum for discussions about strategic and operational co-ordination in the delivery of services already commissioned.

 

2.         Key responsibilities

 

The main responsibilities of the Board are:

 

(a)        to actively participate in the development of Integrated Care Strategies of the Integrated Care Partnership (ICP) within North Yorkshire, by working with the ICPs collaboratively and iteratively

 

(b)        to ensure the JSNA (including the Pharmaceutical Needs Assessment) based on the needs of the population in the Council’s area, is prepared and implemented effectively with the aim of improving healthy life expectancy and reducing health inequalities and to undertake an annual review

 

(c)        to determine priorities, prepare and publish the JHWS for North Yorkshire, and undertake an annual review

 

(d)        to be mindful of, and include throughout its activities a concern for both adults’ and children’s health and wellbeing

 

(e)        to encourage integrated working between health and social care commissioners including the provision of advice, assistance or other support to encourage arrangements under Section 75 of the National Health Service Act 2006, such as leading commissioning, pooling budgets and/or integrated provision in connection with the provision of Health and Social Care Services and to sign off the Integrated Better Care Fund submission annually

 

(f)        to encourage closer working between the commissioners and providers of health-related services, with other local government services and the commissioners of health and social care services and, as part of that to

 

-           advise relevant commissioners whether their plans observe the JHWS and to express concerns to the ICP and the Local Authority, respectively, if the content of their plans deviate from the JHWS

 

-           ensure the effective commissioning of services to help to deliver the priorities of the JHWS and to achieve public health outcomes; and

 

-           provide advice to commissioners and providers of health related services on meeting the assessed needs of the population through effective interventions to improve health

 

(g)        to provide strong leadership, system leadership and direction to the health and wellbeing agenda by agreeing priority outcomes for the JHWS

 

(h)        to provide a platform for partners to work together to ensure the people of North Yorkshire are able to benefit from improvements in health and wellbeing

 

(i)         to undertake any of the other functions that are delegated to the Board by the Council under Section 196 (2) of the Health and Social Care Act 2012

 

(j)         to advise all commissioners and providers of health and social care services as to whether their commissioning plans observe the JHWS and to express concerns to the ICP and the Local Authority, respectively, if the content of CCG commissioning plans deviate from the JHWS

 

(k)        to engage with commissioners to ensure the effective commissioning of services to help to deliver the priorities of the JHWS and to achieve public health outcomes.

 

(l)         to provide advice to commissioners and providers of health-related services on meeting the assessed needs of the population through effective interventions to improve health:

 

(m)      to receive reports annually through arrangements agreed by the UK Health Security Agency/Office for Health Improvement and Disparities and the Director of Public Health on health protection arrangements, including the local agreement of health protection priorities

 

(n)        to receive such other reports as are necessary for the reporting of serious incidents or areas of concern with a view to ensuring acute and longer term health protection responses and strategies delivered by the Office for Health Improvement and Disparities/the UK Health Security Agency are delivered to properly meet the health needs of the local population

 

(o)        to report annually to NHS England, as part of their annual assessment of the ICSs, as to how the ICSs have helped to deliver the JHWS

 

(p)        to receive the Annual Report of the Director of Public Health and to consider its recommendations in reviewing the priorities for improving population health and reducing health inequalities

 

(q)        to work with ICPs and Integrated Care Boards (ICB) to determine the integrated approach that will best deliver holistic care and prevention activities, including action on wider determinants in their communities

 

(r)        to comment on the draft Five Year Forward Plan produced by each ICB in North Yorkshire.

 

3.         Governance and accountability

 

3.1       The Board will be accountable for its actions to its individual member organisations. 

 

3.2       The Board will liaise with key statutory and non-statutory national and local organisations which have a remit to improve health and wellbeing in North Yorkshire.  These will include the Integrated Care Systems; North Yorkshire Safeguarding Adults Board and North Yorkshire Safeguarding Children’s Partnership.

 

3.3       The representatives of the Board will be accountable through their own organisations decision making processes for the decisions they take.  It is expected that Members of the Board will have delegated authority from their organisations to take decisions within the Terms of Reference of the Board.

 

3.4       Subject to 3.5 below, decisions within the Terms of Reference will be taken at meetings and will not normally be subject to ratification or a formal decision process by partner organisations (provided that at least 10 clear calendar days notice of forthcoming decisions has been given).  However, where decisions are not within the delegated authority of the Board Members, these will be subject to ratification by constituent bodies.

 

3.5       The JHWS will be referred to the Council for approval as part of the Council’s Policy Framework.

 

4.         Conduct of meetings of the Board

 

4.1       Meetings of the Board will, generally, take place four times each year, to transact formal business and will normally be conducted in public subject to the provisions as to exempt information. Additional meetings of the Board may be called if agreed by the Chair to be essential to the effective transaction of business.  Prior to or following the formal meetings, the Board may hold Workshop/Development Sessions.  These are informal and not open to the public.

 

4.2       The meetings will be chaired by the Leader of the Council, or the relevant portfolio holder nominated by him/her.  The Deputy Chair will be appointed by the Board and should be from the NHS.

 

4.3       The quorum for meetings shall be 50% of its statutory membership.

 

4.4       Any elected Member of North Yorkshire Council can substitute for one of the elected Member representatives on the Board, should they not be able to attend.  A substitute for other Members of the Board, by someone from their organisation, is also permissible.

 

4.5       It will invariably be clear that a consensus has been reached and the Chair will seek confirmation that Members agree with the recommendations.  A formal vote will be taken where this consensus is not evident.

 

4.6       Each meeting will have an open forum session where members of the public may ask questions.  In accordance with the Council’s Constitution, notice of these questions will normally be required three clear working days prior to the meeting.

 

4.7       The Chair shall sign the Minutes as a true and accurate record of the meeting.

 

4.8       The Board may establish sub committees to undertake any of their functions.

 

4.9       The Board may set up strategy groups or task groups to assist in the undertaking of its functions, but such strategy or task groups will not have decision making powers, and Terms of Reference for each group will be agreed.

 

5.         Codes of Conduct and conflicts of interest

 

5.1       All non-Councillor Members of the Board who are entitled to vote are governed by the Council’s Members’ Code of Conduct and will be required to sign an undertaking to comply with the Code and complete a register of interests and observe requirements as to the disclosure of pecuniary and other interests.  Members of the Board are prohibited from participating in discussion or voting on any matter relating to an interest contained in their register of interests.

 

6.         Scrutiny

 

6.1       The discharge of functions by the Board falls within the remit of scrutiny, but the core functions are not subject to call-in as they are not Executive functions.

 

6.2       The review and scrutiny of decisions made or other action taken by the Board in connection with discharge of the functions of the Local Authority should not be undertaken by any Member who is involved in the decision making or actions of the Board.  Accordingly Members of the Board should not also be Members of any Overview and Scrutiny Committee(s) undertaking scrutiny of the work and decisions of the Board.

 


 

North Yorkshire Police, Fire and Crime Panel

 

Membership (10)

 

Councillor name

Council

 

Political group

CHANCE, David

North Yorkshire Council

 

Conservative and Independents

GROGAN, Tim

North Yorkshire Council

 

Conservative and Independents

MOORHOUSE, Heather

North Yorkshire Council

 

Conservative and Independents

WILKINSON, Peter

North Yorkshire Council

Chair

Conservative and Independents

ALDRED, Chris

North Yorkshire Council

 

Liberal Democrats

SHAW-WRIGHT, Steve

North Yorkshire Council

 

Labour

FOSTER, Kevin

North Yorkshire Council

 

Green and Independents

KNIGHT, Emilie

City of York Council

 

Liberal Democrats

MYERS, Danny

City of York Council

Vice Chair

Labour

PAVLOVIC, Michael

City of York Council

 

Labour

 

Voting

 

Co-opted Members (3)

 

1.         FORSYTH, Fraser

2.         GODDERIDGE, Mags

3.         O’NEILL, Caroline

 

Substitutes

 

COLLING, Liz

North Yorkshire Council

Labour

CUNLIFFE-LISTER, Felicity

North Yorkshire Council

Liberal Democrats and Liberal

WHITE, Greg

North Yorkshire Council

Conservative and Independents

 

Terms of Reference

 

The detailed Terms of Reference for the North Yorkshire Police, Fire and Crime Panel are outlined in the ‘Rules of Procedure’ and ‘Panel Arrangements’ documents. These have been agreed between the local authorities in the police force area and a copy of both of these documents can be accessed upon request from North Yorkshire Council Democratic Services.