CLEVELAND EMERGENCY JOINT COMMITTEE

Introduction

The Emergency Planning Joint Committee is an Executive Committee of the four constituent unitary Local Authorities in the former area of the County of Cleveland, namely Hartlepool Borough Council; Stockton-on-Tees Borough Council; Middlesbrough Borough Council and Redcar & Cleveland Borough Council.

Hartlepool Borough Council is the nominated “host / lead” authority for the Cleveland Emergency Planning Unit (CEPU) and provide the following services and facilities for/to the CEPU:

• Human Resources
• Finance
• Democratic Services
• Legal Services
• Information Technology (IT)

Legal and Constitutional Position

The Cleveland Emergency Planning Unit is a “Joint Unit” established under articles in the constitution of each of the four local authorities, for example, article 11 and part 7, schedule ‘A’ of the constitution of Hartlepool Borough Council provide the power to establish a joint arrangement with one or more local authority and to exercise executive functions.

The power to establish a joint arrangement under the constitution of the four local authorities is conferred from Section 101 of the Local Government Act 1972 - ‘Arrangements for discharge of functions by local authorities’.  Section 102 – ‘Appointment of Committees’ allows local authorities (two or more) to appoint a Joint Committee with respect to any joint arrangement made under section 101. 

The definition of ‘public authority’ is set out in Schedule 1 of the Freedom of Information Act 2000. Whilst the definition is lengthy it does include at Part II section 25 that a public authority includes a joint committee constituted in accordance with sections 101 and 102 of the Local Government Act

Therefore, the legal position is that both the Emergency Planning Joint Committee and Cleveland Emergency Planning Unit are a public authority for the purposes of the Local Government Act and the Freedom of Information Act and are classed as and “outside body”.

Membership of the Emergency Planning Joint Committee

On a yearly basis the four constituent Local Authorities elect an Elected Member (Councillor) to act on their behalf as a member of the Joint Committee.
Due to the Committee having executive powers, membership is made up of a leading/senior Councillor from each of the four Local authorities, for example, a Portfolio Holder or Cabinet member.

The Joint Committee meets on a quarterly basis to meet the terms of reference of the committee. Meetings are arranged and administered through the Democratic Services Officer of Hartlepool Borough Council.

The Chair of the Committee is elected on a yearly basis from the membership of the committee. This election occurs at the first meeting in the fiscal year.

2011 – 2012 membership is:

• Elected Mayor Stuart Drummond, Hartlepool Borough Council
• Councillor David Rose, Stockton-on-Tees Borough Council
• Councillor Steven Goldswain, Redcar and Cleveland Borough Council
• Councillor Julia Rostrum, Middlesbrough Borough Council

Terms of Reference of the Joint Committee

To exercise the executive duties and functions of the four unitary authorities in relation to the following matters:

• To approve for each Borough the annual budget required by the Cleveland Emergency Planning Unit to fulfil its duties and responsibilities on behalf of the four unitary authorities and the basis of disaggregation to be met by the constituent authorities.

• To approve ‘year end’ reports on the budgetary performance of the Emergency Planning Unit, in accordance with financial regulations and procedures, including requests to place unspent money in ‘reserves’ or carry money forward.

• To approve the Annual Plan of the Emergency Planning Unit and receive a report thereon at each year end.

• To oversee the performance and effectiveness of the Emergency Planning Unit and its value to the four unitary authorities.

• To draw to the attention of each of the constituent authorities best practice in the field of emergency planning and the impact of new legislation and regulations.

• To undertake the appointments procedure in relation to the post of Chief Emergency Planning Officer.

• To get and review the staffing establishment of the Emergency Planning Unit in accordance with the budget provision approved by the four constituent authorities.

• To be responsible for, and keep under review, the accommodation and provision of equipment / facilities in the Emergency Planning Unit.

• To approve the holding of Members Seminars in relation to emergency planning responsibilities and activities. 

• The Committee should meet at least 4 times per year at times to be determined by the Chair of the Joint Committee.

• The quorum for meetings of the Joint Committee is 3.

• The Chair of the Joint Committee will be appointed for the following 12 months at the first meeting in each fiscal year.

Agendas, Reports and Minutes from the Joint Committee

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