Lead Member – Mr Malcolm Price, Portfolio Holder for Planning, Housing and Commissioning (Central).

Exempt report of the Director of Commissioning is to follow.

Contact – George Candler (01743 255003)

That agreement be given to the following, subject to approval of the Council’s Financial Strategy by full Council on the 26 February 2015:

(a)  That certain Council services, comprising Development Management, Building Control, Land Charges, Street Naming and Numbering and Local Land and Property Gazetteer, Public Protection (including Trading Standards, Environmental Health and Licensing functions and Parking Enforcement), Historic and Natural Environment and regulation of Private Sector Housing, including the business support elements of these services (the  Services), will be delivered by ip&e Ltd for a period of up to 12 months whilst issues relating to a longer term transfer of the services and staff are resolved.

(b)  To delegate authority to the Director of Commissioning in consultation with the Portfolio Holder for Business Growth, ip&e, Culture and Commissioning (North) and the Portfolio Planning, Housing and Commissioning (Central) to agree the terms of the contract between the Council and ip&e Ltd for the delivery of the Services for a period of up to 12 months and to agree the date upon which ip&e Ltd will commence delivery of the Services.

(c)  To second staff currently employed in the delivery of the Services into ip&e Ltd for the period of the service contract referred to in Recommendation (a) above.

(d)  To delegate authority to the Director of Commissioning in consultation with the Portfolio Holder for Business Growth, ip&e, Culture and Commissioning (North) and the Portfolio Planning, Housing and Commissioning (Central) to second such other staff into ip&e Ltd where there is a clear need to do so to assist the delivery of the Services through ip&e Ltd for the period of the service contract referred to in Recommendation (b) above.

(e)  To delegate authority to the Director of Commissioning in consultation with the Portfolio Holder for Business Growth, ip&e, Culture and Commissioning (North) and the Portfolio Planning, Housing and Commissioning (Central), to finalise the Council’s governance arrangements and commissioning staff structure requirements in respect of the ongoing commissioning and monitoring of the Services.

(f)   To delegate authority to the Chief Executive in consultation with the Leader of the Council to agree an appropriate employment model which would enable the transfer of Council staff to ip&e Limited in accordance with the Transfer of Undertakings (Protection of Employment) Regulations (TUPE) whilst retaining the ability for the Council to authorise officers as necessary to exercise the Council’s statutory powers. 

(g)  Within the 12 month period referred to in recommendation (a) and subject to the Chief Executive approving an employment model in accordance with recommendation (f) above, to delegate authority to the Director of Commissioning and the Section 151 officer in consultation with the Portfolio Holder for Business Growth, ip&e, Culture and Commissioning (North) and the Portfolio Planning, Housing and Commissioning (Central) to agree, upon receipt of a satisfactory business plan from ip&e Ltd, to transfer the Services to ip&e Ltd and agree the duration, budget and terms of a service contract between the Council and ip&e Ltd for the delivery of the Services for a period of up to 5 years.

104.1  The Portfolio Holder for Planning, Housing and Commissioning (Central) presented a report by the Director of Commissioning – copy attached to the signed minutes – on the proposed transfer of Development Management, Public Protection and Environment Services and the Regulatory function of Private Sector Housing into ip&e Ltd.

104.2  In response to concerns raised by a Member regarding the responsibilities of ip&e Ltd and the Council in the decision making process the Director of Commissioning indicated that he would speak with the Member on the issue after the meeting.

104.3  RESOLVED:

That agreement be given to the following, subject to approval of the Council’s Financial Strategy by full Council on the 26 February 2015:

(a)  That certain Council services, comprising Development Management, Building Control, Land Charges, Street Naming and Numbering and Local Land and Property Gazetteer, Public Protection (including Trading Standards, Environmental Health and Licensing functions and Parking Enforcement), Historic and Natural Environment and regulation of Private Sector Housing, including the business support elements of these services (the  Services), will be delivered by ip&e Ltd for a period of up to 12 months whilst issues relating to a longer term transfer of the services and staff are resolved.

(b)  To delegate authority to the Director of Commissioning in consultation with the Portfolio Holder for Business Growth, ip&e, Culture and Commissioning (North) and the Portfolio Planning, Housing and Commissioning (Central) to agree the terms of the contract between the Council and ip&e Ltd for the delivery of the Services for a period of up to 12 months and to agree the date upon which ip&e Ltd will commence delivery of the Services.

(c)  To second staff currently employed in the delivery of the Services into ip&e Ltd for the period of the service contract referred to in Recommendation (a) above.

(d)  To delegate authority to the Director of Commissioning in consultation with the Portfolio Holder for Business Growth, ip&e, Culture and Commissioning (North) and the Portfolio Planning, Housing and Commissioning (Central) to second such other staff into ip&e Ltd where there is a clear need to do so to assist the delivery of the Services through ip&e Ltd for the period of the service contract referred to in Recommendation (b) above.

(e)  To delegate authority to the Director of Commissioning in consultation with the Portfolio Holder for Business Growth, ip&e, Culture and Commissioning (North) and the Portfolio Planning, Housing and Commissioning (Central), to finalise the Council’s governance arrangements and commissioning staff structure requirements in respect of the ongoing commissioning and monitoring of the Services.

(f)   To delegate authority to the Chief Executive in consultation with the Leader of the Council to agree an appropriate employment model which would enable the transfer of Council staff to ip&e Limited in accordance with the Transfer of Undertakings (Protection of Employment) Regulations (TUPE) whilst retaining the ability for the Council to authorise officers as necessary to exercise the Council’s statutory powers. 

(g)  Within the 12 month period referred to in recommendation (a) and subject to the Chief Executive approving an employment model in accordance with recommendation (f) above, to delegate authority to the Director of Commissioning and the Section 151 officer in consultation with the Portfolio Holder for Business Growth, ip&e, Culture and Commissioning (North) and the Portfolio Planning, Housing and Commissioning (Central) to agree, upon receipt of a satisfactory business plan from ip&e Ltd, to transfer the Services to ip&e Ltd and agree the duration, budget and terms of a service contract between the Council and ip&e Ltd for the delivery of the Services for a period of up to 5 years.