1.0 The functions of the full Council shall be those set out in Article 4.

2.0 The functions of the Executive shall be all those functions not reserved to the full Council in Article 4 or specified in Schedules 1 and 2 of the Local Authorities (Functions and Responsibilities) (England) Order 2000, as amended, and set out in more detail in the Terms of Reference in Paragraph 7 below.

3.0 Responsibility for the functions of the Executive shall be assigned by the Leader of  the Council to the individual members of the Executive (Executive Lead Members) with the Executive remits set out for the time being  in Paragraph 8.0 below. The names and addresses of current members of the Executive, the divisions they represent and the remits they have been assigned are contained in a Register maintained by the Chief Executive.

4.0 The functions of the Council not discharged by the Executive in accordance with Paragraph 2 shall be the responsibility of the following Committees:

• Audit Committee
• Investment and Pension Fund Committee
• Procedures Committee
• Development Control Committee
• Appeals Committee
• Public Rights of Way Committee
• Standards Committee
• Personnel Committee
• County Committees (one for each District Council area)

The Terms of Reference of these Committees are set out in Paragraph 9.0.

4.1 Personnel matters shall be dealt with by a Personnel Partnership (comprising an equal number of elected members and staff representatives with the Chairmanship alternating annually between a Member and a staff representative) and a Personnel Panel.  The terms of reference for both are set out in paragraph 9.7.

5.0 The functions of Overview/Scrutiny Committees are set out in Article 7.

6.0 The Executive will be responsible for the discharge of all the functions of the Council under Education and Social Services legislation and in its capacity as Highway Authority (other than those exercised by the Public Rights of Way Committee,) County Planning Authority (other than the determination of planning applications), Waste Disposal Authority, Public Transport Authority and Traffic Authority and for all its statutory duties, including the exercise of relevant powers, not specifically delegated by the Council to other Committees.

6.1 The Executive shall arrange for the discharge of certain of its functions by the following Committees of the Executive :

1. the management of the County Farms Estate by the Farms Estate Committee;
2. those responsibilities for highways set out in paragraph 9.8 below by area  Highways and Traffic Orders Committees;
3. those responsibilities set out in paragraph 9.11 below by the Strategic Planning, Regional and International Affairs Committee.
4. the powers and duties in respect of travellers, by the Gypsies and Travellers Committee.
5. those responsibilities set out in paragraph 9.12 below by the Commercial & Regulatory Committee.

7.0 In particular the Executive will:

1. participate in the annual budgetary process in accordance with the budget framework;
2. direct the Council’s economic regeneration activities;
3. provide strategic advice in the development of the Regional Spatial Strategy;
4. establish policies and procedures relating to the Council’s property;
5. address all issues of importance or public concern to the County;
6. consider references from Overview/Scrutiny Committees, County Committees and, Highways and Traffic Orders Committees;
7. receive the minutes of other Committees referred to at 6.1 above.

8.0 The responsibilities of the Executive shall be divided into the following Executive Remits. Executive Members will also exercise regular budget monitoring of the resources allocated by the Council for those purposes, seek to achieve best value in the services for which they are responsible and have regard to the Council's policies and strategic objectives with respect to sustainability and Local Agenda 21.  There will be elements of these remits which overlap with other remits and in these circumstances Executive Members will exercise their responsibilities jointly.

8.1 Policy and Resources Remit

The Executive Member will be responsible to the Executive for the coordinated implementation of all Council plans and policies, for the corporate management of its finances, property and IT systems and shall exercise oversight of the preparation of the Council’s annual budget and its medium and long term financial planning

• all revenue and capital expenditure
• the Council’s preparation for and responses to Comprehensive Performance Assessments undertaken by the Audit Commission
• the achievement of Value for Money in all Council services
• the Council’s corporate communications strategy

8.2 Children and Young People’s Services Remit

The Executive Member will be responsible to the Executive for the discharge of all the functions which the Council exercises as a local education authority, for the Youth Service including liaison with the Devon Youth Network and for those functions relating to children which it exercises as a social services authority.

8.3 Adult Services Remit

The Executive Member will be responsible to the Executive for the discharge of all the functions which the Council exercises as a social services authority or under national service frameworks which relate to the care and welfare of adults and for adult learning in the County.

8.4 Environment Remit

The Executive Member will be responsible to the Executive for the production and implementation of a Local Transport Plan, an Environmental Strategy and such other policy documents as are required to enable the Council effectively to undertake its duties and exercise its powers as a Highway Authority, a Waste Disposal Authority and a Commons Registration Authorit.  The preparation and delivery of all such plans will take particular account of:

• road safety;
• asset management of the highway network;
• public access to and enjoyment of the countryside;
• conservation and enhancement of the natural and built environment;
• coast protection.

8.5 Economic Regeneration, Strategic Planning and Regional Affairs Remit

The Executive Member will be responsible to the Executive for the encouragement of prosperity and employment in the county through measures for regeneration and inward investment in support of both established and new industries; for the work of the Strategic Planning and Rural Affairs Committee and for cooperation with the South West Regional Development Agency  and for the Council’s involvement in the activities of the Regional Assembly.

8.6 Communities Remit

The Executive Member will be responsible to the Executive for advancing the environmental and social well-being of the county at all levels, through partnerships where appropriate, and for the development and application of policies intended to protect individuals within the community and improve their quality of life.  These will include crime and disorder, trading standards and consumer protection, the Emergency, Coroner and Registration Services and the maintenance of good relationships with the voluntary sector..

8.7 Culture Remit

The Executive Member will be responsible to the Executive for the provision of a public library, archives and records service, its support for the arts, for the protection of the historic built environment and for all the ancillary activities by which the Council seeks to improve and enrich the cultural heritage of Devon.

8.8 Personnel and Corporate Performance Remit

The Executive Member will be responsible to the Executive for all staffing issues relating to employees of the Council which are not covered within paragraph 9.7 below and for the co-ordinated improvement of performance across the County Council, including:

• the Council’s Strategic Plan and Annual Performance Plan;
• the Council’s improvement and efficiency programme;
• the Council’s approach to external assessment;
• regular monitoring of key performance indicators;
• Procurement and Risk Management Issues.

8.9 Advisory Groups

8.9.1 From time to time, the Council may appoint Advisory Groups to advise and assist Executive Members in carrying out their duties, for example, to initiate the review and development of policies or discuss major issues prior to consideration by the Executive.

8.9.2 Where the Council has decided not to appoint Advisory Groups an Executive Member shall, nonetheless, have the right to convene, on an ad hoc basis and at his/her discretion, a small representative group of members of the council (i.e. all party) to assist him/her with particular issues or matters.

8.9.3 It is the Executive Member's prerogative to convene such meetings and frame the agenda.  These Groups are not decision-making bodies and will not therefore be held in public.  Administrative support will be provided by the appropriate Chief Officer including, inter alia, co-ordinating arrangements and preparing and circulating relevant papers and notes of the meeting, which shall be available to all members of the Council.  Meetings must be fixed as far in advance as possible and shown in the Council’s calendar of meetings and on the internet to avoid potential clashes and to give Members as much notice as possible.

9.0 Committees

9.1 Investment & Pension Fund Committee

To discharge the duties of the Council as Administering Authority of the Pension Fund.

9.2 Procedures Committee

To keep under review the operation of the Constitution, the Council’s Standing Orders, conventions, working practices and calendar of meetings; to oversee its civic arrangements and programmes for member development/training and to make recommendations to the Council on the Authority’s Scheme of Members' Allowances.

9.3 Development Control Committee

To discharge the functions of the Council as County Planning Authority:

1. by determining planning applications relating to minerals, waste disposal and the Council’s own development proposals;
2. by dealing with other matters relating to town and country planning legislation;

[A mechanism by which in certain circumstances an appeal against a decision by this Committee to refuse planning consent for proposed County Council development is set out in Section 3 of this Part of the Constitution].

9.4 Appeals Committee

To determine appeals from parents arising from the application of Council policies relating to the provision of school transport and appeals from students arising from the application of Council policies relating to the payment of educational grants and awards.

9.5 Public Rights of Way Committee

To discharge all the Council’s statutory functions relating to the mapping, protection, improvement and variation of the public rights of way network and unsurfaced roads;

To determine issues relating to the registration of village greens or the assertion of other public rights of access to land in the country.

9.6 Standards Committee

The role of the Standards Committee identified in Article 9 is further defined as follows:

To undertake such other functions as the Secretary of State may by regulations confer upon a Local Authority Standards Committee.

To exercise all the functions of a Standards Committee under the Ethical Framework established by the Local Government Act 2000, as amended and all Statutory Instruments and Regulations made by the Secretary of State thereunder.

To advise the County Council on the adoption of a Members’ Code of Conduct with any appropriate local provisions and on its subsequent monitoring and updating.

To implement the Code of Conduct including the training of members and officers.

To advise members as to the declaration of interests and the grant of dispensations where appropriate to allow members to participate in matters in which they have interests.

To supervise the Registers of Members’ and Officers’ Interests and of politically restricted officers.

To receive reports from the Standards Board or ethical standards officers following investigations and to advise the Council on the implications of any disciplinary sanctions imposed by the Board or condign action within the Council’s own competence.

To oversee the Council’s policy on the Proper Conduct of Business.

To keep up to date the Council's Code of Practice on relations between members and officers.

To be responsible for the Council’s procedures for investigating and responding to complaints.

To adopt contract conditions to apply the Council’s complaints procedure to contractors.

To approve a Local Planning Code.

To consider Findings of Maladministration by the Local Government Ombudsman.

9.7 Personnel Partnership

To deal with the terms and conditions of service and the pension entitlement of all employees of the Council (other than the Head of the Paid Service, Chief Officers, Deputy Chief Officers and Teachers), and to work with staff representatives to ensure through consensus a commom understanding or resolution of personnel issues and the development of personnel policies within the Council.  Where such consensus cannot be achieved the matter shall be referred to the Executive for determination.

9.7.1.Personnel Panel

To determine appeals under the Council's grievance, disciplinary or grading appeals procedures.

9.8 Highways and Traffic Orders Committees

Within the general strategy, polices and operating procedures of the Council to exercise the following powers of the Highway Authority delegated by the Executive:

1. To develop, approve details and monitor and implement the Statutory Devon Local Transport Plan local area improvement programmes, up to a value [works costs] of £250,000.
2. To approve details and implement improvement schemes from the Statutory Devon Local Transport Plan countywide, sub-regional and local safety scheme programmes, up to a value [works costs] of £250,000.
3. To approve details and implement Traffic Regulation Orders, and schemes for the control of parking on the highway and to be involved in the development of proposals for park and ride schemes.
4. To comment on proposals by third parties to stop up or divert highways and stop up private means of highway access.
5. To control the use of highways by the granting of consents, approvals, licences, minor property rights in connection with operations, uses or activities on, under, over or adjacent to the highway.
6. To ensure the effectiveness of the maintenance of highways, bridges and street lighting;
7. To consider and approve proposals for the making up of private streets.
8. To maintain an overview on issues relating to repeated obstruction of the highway and advise when action to enforce public rights of way may be considered appropriate.
9. To approve the establishment or deletion of school crossing patrol sites, within the criteria and budget defined by the Council.
10. To approve the revocation of New Street Orders.
11. To approve applications to the Magistrates' Court for the stopping-up or diversion of a public highway.
12. To make all the Orders required to implement a highway or transportation scheme approved by the Executive recognising that if, following public advertisement of such an Order, a HATOC has concerns about a proposal it should refer it to to Executive for final determination.
13. To make Gateway Orders under the Clean Neighbourhood Act 2005

.

9.9  County Committees (one for each District Council area)

To receive briefings from and discuss with the relevant County Community Strategy Officer (who will act as Lead Officer to the Committee) and with other officers as necessary specific service and community issues and projects within the district and to make recommendations to the Executive on appropriate action.

To improve information and communication with the public about its access to County Council services in the area and to monitor its performance in the delivery of these services.

To develop and ensure effective partnership working with the City, District or Borough Council (as the case may be) and other partners in the discharge of local functions.

To undertake any additional responsibilities and allocate budgets which may be delegated by the Executive from time to time.

To confirm grants or awards proposed by individual members from locality budget funds allocated by the Executive in line with the Locality Budget Operating Principles set out at Section Four hereunder.

To administer those educational trusts in the Committee's area for which the County Council is Trustee

9.10 Audit Committee

Audit Activity

To consider the Head of Internal Audit's annual report and opinion, and a summary of internal audit activity (actual and proposed) and the level of assurance it can give over the Council's corporate governance arrangements.

To consider summaries of specific internal audit reports as requested.

To consider reports dealing with the management and performance of the providers of internal audit services.

To consider a report from internal audit on agreed recommendations not implemented within a reasonable timescale

To consider the external auditor's annual letter, relevant reports, and the report to those charged with governance.

To consider specific reports as agreed with the external auditor.

To comment on the scope and depth of external audit work and to ensure it gives value for money.

To liaise with the Audit Commission over the appointment of the Council's external auditor.

To commission work from internal and external audit.

Regulatory Framework

To make recommendations as appropriate to the Standards Committee and the Procedures Committee in respect of contract procedure rules, financial regulations, codes of conduct and behaviour, whistleblowing policies and the Council's internal complaints procedure.

To monitor the effective development and operation of risk management and corporate governance in the Council.

To oversee the production of the Council's Annual Governance Statement and to recommend its adoption.

To consider the Council's arrangements for corporate governance and agreeingnecessary actions to ensure compliance with best practice.

To consider the Council's compliance with its own and other published standards and controls.

Accounts

To review and approve the annual statement of accounts; specifically, to consider whether appropriate accounting policies have been followed and whether there are concerns arising from the financial statements or from the audit that need to be brought to the attention of the Council.

To consider the external auditor's report to those charged with governance on issues arising from the audit of the accounts.

9.11 Strategic Planning, Regional and International Affairs Committee

To advise and make recommendations to the Executive on all aspects of strategic planning and regional affairs and in particular:

In relation to Regional and Sub Regional Matters:  

• to advise the Regional Assembly on regional and sub regional issues affecting Devon that the Regional Spatial Strategy should address
• to receive and agree draft advice on spatial development options from sub regional study steering groups, for inclusion in the RSS
• to undertake and consider responses to consultation on matters relating to the County Council’s advisory role in the preparation of RSS
• to prepare responses on behalf of Devon County Council to consultation on the Regional Spatial Strategy [including the Regional Transport Strategy] and other regional strategies and programmes that have a bearing on the County Council’s responsibilities and interests
• to prepare responses on behalf of Devon County Council to draft Government guidance and consultation papers relating to regional issues
• to consider and advise the County Council on the implications of regional planning matters arising from Regional Governance and the activities of regional agencies and organisations.

In relation to the County Council’s Minerals and Waste Local Development Frameworks

• to prepare and review Minerals and Waste Local Development Frameworks [including the Local Development Scheme and Statement of Community Involvement]
• to agree the publication of documents associated with the LDF process
• to consider and respond to, consultation undertaken by the County Council in the discharge of its minerals and waste planning functions
• to prepare responses on behalf of Devon County Council to draft Government guidance and consultation papers relating to minerals and waste LDF issues.

In relation to Other Local Development Frameworks

• to advise Local Planning Authorities in the preparation of their Local Development Frameworks, particularly where proposals impact on the statutory roles of the County Council
• to monitor the implementation of the Devon Structure Plan 2001 - 2016
• to prepare responses on behalf of Devon County Council to draft Government guidance and consultation papers relating to LDF issues.

In relation to European and International matters:

• to maintain an overview of international matters and European Regional links and to direct and focus the Council's European activities and efforts in the wider international scene to build relationships that enhance the economic well being of the County of Devon.

To undertake or exercise any of these functions delegated to it by the Executive.

9.12 Commercial and Regulatory Committee

To have oversight of:

• the trading performance and operational framework of the Council's own business and trading activities; and
• the performance of those services, such as Trading Standards, engaged in the regulation of external businesses;

and to act as a mechanism for those members who, as nominated as directors of companies, are expected to report back to the Council on their involvement.

[N.B. bullet point two above is not intended to alter the responsibility for the overall policy and direction of the Trading Standards service which is specified in the remit for the Executive Member for Communities].

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