5. Functions of the Monitoring Officer - Constitution - Chapter 1, The Articles

5.1. The Monitoring Officer will have the following functions and areas of responsibility:-

5.1.1.  Maintaining the Constitution. Subject to the provisions of Article A16, the Monitoring Officer will maintain an up-to-date version of the Constitution and will ensure that it is widely available for consideration by Members, staff and the public.

5.1.2.  Ensuring lawfulness and fairness of decision making. After consulting with the Head of Paid Service and the S.151. Officer, the Monitoring Officer will report to the full Council or to the Cabinet in relation to a Cabinet function if they consider that any proposal, decision or omission would give rise to unlawfulness or if any decision or omission has given rise to maladministration. Such a report will have the effect of stopping the proposal or decision being implemented until the report has been considered.

5.1.3.  Supporting the Governance Committee and Standards Sub-Committee. The Monitoring Officer will contribute to the promotion and maintenance of high standards of conduct through provision of support to the Governance Committee and Standards Sub-Committee.

5.1.4.  Be the Proper officer to receive complaints for the failure to comply with the Code of Conduct

5.1.5.  Proper officer for access to information. The Monitoring Officer will ensure that Cabinet decisions, together with the reasons for those decisions and relevant officer reports and background papers are made publicly available as soon as possible.

5.1.6.  Advising whether Cabinet decisions are within the budget and policy framework. The Monitoring Officer will advise whether decisions of the Cabinet are in accordance with the budget and policy framework.

5.1.7.  Providing advice. The Monitoring Officer will provide advice on the scope of powers and authority to take decisions, maladministration, financial impropriety, probity and budget and policy framework issues to all Councillors and will support and advise Councillors and officers in their respective roles.

5.1.8.  They will, in consultation with the Chairman of the Licensing Committee be authorised to adjourn a Licensing Hearing in accordance with the Licensing Act 2003 (Hearing) Regulations 2005.

5.1.9.  They will be authorised to exercise powers to extend the time limits set out within the Licensing Act 2003 (Hearing) Regulations 2005.

5.1.10.  In consultation with the Chairman or Vice-Chairman of the Licensing Committee be authorised to suspend Hackney Carriage and/or Private hire Drivers licences under Section 61 of the Local Government (miscellaneous Provisions) Act 1976 (as amended) immediately, if in their opinion it is the interest of public safety that the suspension should have immediate effect, such suspension to last until the day after the next meeting of the Drivers’ Panel

5.1.11.  They will issue certificates of opinion in connection with politically restricted posts.

5.1.12.  To issue certificates for Major Projects under the Local Government (Contracts) Act 1997

5.1.13.  The Monitoring Officer cannot be the S.151 Officer or the Head of Paid Service.