Purpose

1.   
To delegate the exercise of the executive functions
relating to enforcement set out in the Anti-Social Behaviour, Crime
and Policing Act 2014, Environmental Protection Act 1990, Traffic
Management Act 2004, Road Traffic Regulation Act 1984, Road Traffic
Act 1991, Clean Neighbourhoods and Environment Act 2005 and Health
Act 2006.
 

2.   
To authorise the Strategic Director of Regeneration
and Environment, in consultation with the Strategic Director of
Finance and Customer Services, begin negotiations to enter into a
shared service arrangement with Doncaster City Council.

Decision

 

ROTHERHAM METROPOLITAN BOROUGH COUNCIL

 

RECORD OF OFFICER EXECUTIVE DECISION

 

Date of Decision:

02/05/2023
 

Title:

Delegation of Powers to City of
Doncaster Council

Decision Maker:
(Including Job
Title)

Paul Woodcock
Strategic Director Regeneration
and Environment.
 
 

Details of Specific Cabinet
Delegation
or Delegation contained in the
relevant Sub-Scheme of Delegation.
 

The Local Authorities
(Arrangements for the Discharge of Functions) (England) Regulations
2012 enable arrangements to be made for the discharge of functions,
which are the responsibility of a local authority executive, by
another local authority or an executive of another local
authority.  Rotherham Council’s
Constitution makes provision for delegating powers to other Local
Authorities in Article 12 (Joint Arrangements), which
states:
 
Joint arrangements with other
Councils
 
12.2 The Council may establish
joint arrangements with one or more councils or their executives
(or both) to exercise non-executive functions in any of the
participating authorities, or advise the Council.
 
12.3 The Cabinet may establish
joint arrangements with one or more councils, or their executives,
or both to exercise functions that are executive
functions.
 
 
At Section 4C of Appendix 9:
Responsibility for Functions, of the Constitution, it
states:
 
1 This officer delegation
scheme sets out the executive functions delegated to officers by
the Leader under his/her Executive Arrangements (The executive
functions delegated by the Leader should be construed in a broad
and inclusive fashion to include the doing of anything which is
calculated to facilitate or is conducive or incidental to the
discharge of those functions. They should not however be understood
to include any Council function)
.
 
8. Delegations set out in this
scheme will be read in conjunction with all provisions of the
Council’s Constitution, and decisions taken by officers in
accordance with this scheme will be taken in accordance with all
relevant rules and protocols.
 
Appendix 9 continues, at
Section 4C6, stating:
 
The Strategic Director of
Regeneration and Environment is authorised to discharge executive
functions for:-
1. Community Safety and Street
Scene
(a) Community Safety,
Resilience and Emergency Planning
(b) Highways and Network
Management
(c) Regulation and
Enforcement
(d) Waste and Street
Scene
 
 
The Constitution continues at
the Sub Scheme of Delegation Strategic Director of Regeneration of
Environment at page 1, to state:
 
The Strategic Director has
chosen to sub-delegate some or all of those functions to officers
of suitable experience and seniority in his/her own directorate or
in another directorate

Decision:

1.    
To authorise entering into a further shared service
arrangement with City of Doncaster Council, which delivers on the
spot enforcement for a range of offences.

2.    
To delegate to City of
Doncaster Council the exercise of executive functions relating to
enforcement of various environmental, anti-social behaviour and
parking enforcement matters, where fixed penalty notices may be
issued.
 

Reasons for the
Decision:

In order to allow for the
continuation of littering and associated enforcement

Details of alternative
options considered and rejected:

Option 1: A decision may be
made to no longer engage in service provision via agreement with
the City of Doncaster Council. The Council no longer has the
capacity to deliver these enforcement functions, and this option
would require additional investment in in-house service provision
to fulfil these duties.
 
Option 2: Relevant powers
should be delegated to the City of Doncaster Council to ensure the
Council are in a position to engage in the future arrangements for
new service provision.

Conflicts of interest
declared by any Cabinet Member consulted by the decision maker
which relates to the decision:

None

Dispensations
Granted:
(If any)

None
 

Reports or parts of
reports considered

Report - Delegation of Powers
to City of Doncaster Council
Report Author-  Lewis Coates Service Manager - Regulation and
Enforcement

 
I
certify that this is a true record of the executive decision to
authorise entering into a further shared service
arrangement with City of Doncaster Council, which delivers on the
spot enforcement for a range of offences and to delegate to City of
Doncaster Council the exercise of executive functions relating to
enforcement of various environmental, anti-social behaviour and
parking enforcement matters, where fixed penalty notices may be
issued
 
Signed by the
Decision Maker  

Dated: 2nd May, 2023
 
Name:
Paul Woodcock             
Job
Title: Strategic Director, Regeneration
& Environment