Constitution Part 3 - Director of Legal, Governance and Human Resources

9. Director of Legal, Gvernance and Human Resources

9.1 The Director of Legal, Governance and Human Resources is responsible for all legal services required by the Council. The managed team is staffed by solicitors and legal executives with relevant qualifications and experience; being directly responsible, for example, for child and adult safeguarding cases, all land transactions – sales and purchases of land and property, preparation of contracts for goods and services required by the Council, the preparation of statutory orders, such as traffic regulation orders, tree preservation orders and byelaws, and litigation in the Magistrates and other courts, Employment Tribunals etc. The Director of Legal, Governance and Human Resources is responsible for the following services:

  • Legal Services
  • Elections
  • Members’ Services
  • Statutory Scrutiny
  • Democratic Services
  • School Appeals
  • Human Resources
  • Workforce Support
  • TU Relations
  • Job Evaluation
  • Chief Executive and Statutory Officer support
  • Returning Officer

9.2 In addition to the general delegations set out in section 6 of the scheme, the Director of Legal, Governance and Human Resources is authorised to exercise the following specific functions: 

General

No Delegation
DLGHR1 Power to seek Counsel’s opinion on any matter affecting the Council’s affairs and instruct Counsel as necessary in the Council’s interests. 
DLGHR2 Power to institute, withdraw from, compromise or participate in any legal proceedings (including prospective legal proceedings) involving the Council. In accordance with the Statutory Guidance on Special Severance Payments the Director of Legal, Governance and Human Resources can approve payments up to £20,000. 
DLGHR3 Power to take any legal action necessary to give effect to a decision of the Council. 
DLGHR4 To authorise the relevant officers of the Authority for the purposes of any matter coming within appropriate legislation, bye-laws, regulations and orders. 
DLGHR5 To authorise staff pursuant to section 223 of the Local Government Act 1972 to appear on behalf of the Authority in proceedings before a Magistrates Court where those staff members would otherwise not have rights of audience before the Court. 
DLGHR6 To receive and record declarations of hospitality received from Elected Members
DLGHR7 To maintain a register of Elected Member Interests. 
DLGHR8

Power to confirm, without modification, the creation, diversion or extinguishment of Orders in respect of:

  • Public Rights of Way, following the statutory advertising period.
  • Footpath and footway conversion orders following the statutory advertising period.
  • Definitive Map Modification Orders following the statutory advertising period.
  • Where two or less objections have been received. 
DLGHR9 To appoint panels of persons from whom Education Appeals Panel can be constituted and to constitute and to act as Clerk to Education Appeals Panels.
DLGHR10 To consider admission appeals and exclusion reviews in accordance with the School Standards and Framework Act 1998 and the Education Act 2002 as amended. 
DLGHR11 To make requests for information relating to land use and ownership under section 16(1) of the Local Government (Miscellaneous Provisions) Act 1976. 
DLGHR12 To serve notices under section 146 of the Law and Property Act 1925 (notice before forfeiture requiring breach of covenant to be remedied). 
DLGHR13 To act as the Proper Officer to receive and acknowledge receipt of complaints of failure to comply with the Code of Conduct for Members and Co-opted Members in accordance with the Authority’s adopted arrangements. 
DLGHR14

To review complaints received in respect of any alleged breach by any elected or co-opted Member of the Council of the Code of Conduct for Members and Co-opted Members and determine, in consultation with the Independent Person:

  • (a) whether the allegation, if proven, would constitute a failure to observe the Code of Conduct; and
  • (b) if it would constitute such a failure, determine (applying the Authority’s adopted assessment criteria), whether the complaint should be investigated or referred for local resolution, and following such determination to refer the complaint for either purpose. 
DLGHR15 To refer the review of any such complaint received to the Audit and Governance Committee where the Monitoring Officer considers it inappropriate for him/her to take the decision as to whether a complaint should be accepted as a complaint and/or investigated or referred for informal resolution. 
DLGHR16 To determine requests for anonymity received from a complainant in relation to a complaint that a Member has failed to comply with the Code of Conduct for Members and Co-opted Members. 
DLGHR17 Where a request for anonymity has been granted, to determine when the identity of the complainant will be provided to a Member who is the subject of a complaint that he/she has failed to comply with the Code of Conduct for Members and Co-opted Members. 
DLGHR18 To undertake informal/local resolution with respect to complaints that a Member has failed to comply with the Code of Conduct for Members and Co-opted Members, in consultation with the Independent Person and/or the Chair Audit and Governance Committee as appropriate in accordance with the Authority’s adopted arrangements. 
DLGHR19 To appoint an Investigating Officer to investigate a complaint that a Member has failed to comply with the Code of Conduct for Members and Co-opted Members. 
DLGHR20 To provide reports to the Audit and Governance Committee in relation to the number and nature of complaints received, advice on the progress of any investigations and to advise the committee of matters where training or other action may lead to the promotion or maintenance of high standards of conduct by the Authority’s elected or co-opted Members. 
DLGHR21  To undertake any other necessary or appropriate actions to facilitate the administration of the Authority’s adopted arrangements in relation to the Code of Conduct for Members and Co-opted Member
DLGHR22 To refer the report of the Investigating Officer which identifies a breach of the Code of Conduct, where informal/local resolution of a complaint is unsuccessful, to the Audit and Governance Committee for a formal hearing and determination. 
DLGHR23 To act as the Authority’s Senior Responsible Officer under the Regulation of Investigatory Powers Act (RIPA) 2000 and be responsible for maintaining effective procedures on behalf of the Authority under this Act. Such procedures to include the appointment of authorising officers, the maintenance of a list of authorising officers, the maintenance of a register of authorisations and ensuring appropriate training provision. A report to be submitted to Audit and Governance Committee annually on the operation of a RIPA policy. 
DLGHR24 Assisting Elected Members and Co-opted members to observe the requirements of the Council’s Code of Conduct 
DLGHR25 To advise and offer guidance to Elected Members and Co-opted members on the adoption or revision of the Code of Conduct 
DLGHR26 To grant dispensations to Elected Members and Co-opted members (including Parish Council representatives) from requirements relating to interests as set out within the relevant Code of Conduct. 
DLGHR27 Power to ensure that all Council policies and practices, and all legislation, with regard to personnel matters be adhered to. 
DLGHR28 Power to institute payment of honoraria in accordance with the Council’s scheme. 
DLGHR29 Power to implement all national and local conditions of service. 
DLGHR30 Power to determine car allowances in accordance with the Council’s provisions. 
DLGHR31 Power to authorise payment of appropriate Officers professional subscriptions where a legal requirement exists. 
DLGHR32 Power to consult, negotiate and reach agreements with the Trade Unions on corporate staffing/employment matters within the overall policy and financial framework determined by Elected Members, and in consultation with the Chief Executive, Executive Directors/Directors/Chief Officers as appropriate 
DLGHR33 That any in-year informal, ad hoc vacancies on Committees, Partnerships or Boards be implemented in accordance with the agreed proportionality for the committee/body and Group wishes. 
DLGHR34

Functions relating to elections with the exceptions of the Statutory Powers reserved for Full Council:

  • (a) Power to assign Officers in relation to requisitions of the Electoral Registration Officer.
  • (b) Power to divide electoral wards into polling districts at Local Government elections.
  • (c) Powers in respect of holding elections.
  • (d) Power to pay expenses properly incurred by Electoral Registration Officers.
  • (e) Duty to declare vacancy in office in certain cases.
  • (f) Duty to give public notice of a casual vacancy.
  • (g) Duty to declare vacancy in office in certain cases.
  • (h) Power to make temporary appointments to Parish Councils.
  • (i) Power to determine fees and conditions for supply of copies of, or extracts from, election documents.
  • (j) Power to submit proposals to the Secretary of State for an order under section 10 (pilot schemes for local elections in England and Wales) of the Representation of the People Act 2000.