1.
Operation of the Executive
1.1 Taking
Executive decisions
The functions of the Executive are set out in Part 3 of the
Constitution. Except as otherwise provided the functions of the
Executive will be discharged by the Executive as a whole .
1.2 Delegation
Arrangements.
The Executive may delegate functions to a Committee or a
sub-committee, or to an officer, in consultation with the
Monitoring Officer and the Section 151 Officer.
An individual Executive member may exercise the functions of the
Executive in accordance with the delegations to Executive Members
contained in Part 3 of the Constitution.
An officer may exercise the functions of the Executive in
accordance with the Delegations to Officers contained in Part 3 of
the Constitution.
1.3 Sub-delegation
of Executive Functions.
Arrangements made by the Leader, Executive, or an individual
Member for the discharge of an Executive function, do not prevent
the discharge of that function by the person or body who delegated
it. Even where Executive functions have been delegated, that fact
does not prevent the discharge of delegated functions by the
delegator.
1.4 The
Council’s scheme of delegation and Executive functions
(a) Subject to
(b) below the Council’s scheme of delegations will be subject
to adoption by the Council and may only be amended by the Council.
It will contain the details required in Article 7.7 and is set out
in Part 3 of this Constitution.
(b) the
Leader may amend the scheme of delegation relating to executive
functions at any time during the year. To do so, the Leader must
give written notice to the Monitoring Officer and to the person,
body or committee concerned. The notice must set out the extent of
the amendment to the scheme of delegation, and whether it entails
the withdrawal of delegation from any person, body, committee or
the executive as a whole. The Monitoring officer will present a
report to the next ordinary meeting of the Council setting out the
changes made by the Leader.
(c) Where the
Leader seeks to withdraw delegation from a committee, notice will
be deemed to be served on that committee when he/she has served it
on its chair.
1.5 Disclosable
Pecuniary Interests
(a) If
any member of the Executive has a disclosable pecuniary interest
they must comply with the requirements set out in the
Council’s Code of Conduct for Members in Part 5 of this
Constitution
(b) If
the exercise of an Executive function has been delegated to a
committee of the executive an individual member of the Executive or
an officer, and should a disclosable pecuniary interest arise, then
the function will be exercised in the first instance by the person
or body by whom the delegation was made and otherwise as set out in
the Council’s Code of Conduct for Members in Part 5 of this
Constitution.
1.6 Arrangements
for Executive meetings
The Executive will meet on the dates and times set out in a
schedule, covering the forthcoming year and reported and agreed at
the Annual meeting of the Council. The Executive shall meet at the
Council’s main offices or another location to be agreed by
the leader. The Leader may cancel, re arrange and arrange extra
ordinary meetings of
the Executive
1.7 Decisions
taken by Executive
Executive decisions which have been delegated to the Executive
as a whole or to a sub committee of the Executive will be taken at
a meeting convened in accordance with the Access to Information
Rules in Part 4 of the Constitution.
1.8
Quorum
The quorum for a meeting of the Executive and any of its sub
committees shall be any three of its members.
1.9 Voting
Decisions of the Executive will be taken by a simple majority of
those present. If there is an equality of votes then the Leader or
other member presiding in the absence of the Leader, will use
his/her casting vote.
2.
Conduct of Executive Meetings
2.1
Chairmanship
If the leader is present he/she will preside. In his/her
absence, then the Deputy Leader will preside
and in his/her absence a person appointed to do
so by those present shall preside.
2.2 All members
of the Executive will be entitled to receive notice of and attend
any meeting of the Executive or any sub committee of the
Executive. The rights of any other person to
attend such meetings will be determined in accordance with the law
and the Access to Information Procedure Rules set out in this part
of the Constitution.
2.3 Business to be
conducted
At each meeting of the Executive the following business will be
conducted:
(i)
Consideration of the minutes of the last meeting;
(ii)
Declarations of
interest, if any;
(iii) Matters
referred to the Executive (whether by a scrutiny committee or by
the Council) for reconsideration by the Executive in accordance
with the provisions contained in the Scrutiny Procedure Rules or
the Budget and Policy Framework Procedure Rules set out in Part 4
of this Constitution;
(iv)
Consideration of reports from scrutiny committees including
recommendations on internal and external audit reports; and
(v)
Matters set out in the agenda for the meeting, which shall indicate
which are key decisions.
2.4
Consultation
All reports to the Executive from any member of the Executive or
an officer on proposals relating to the budget and policy framework
must contain details of the nature and extent of consultation.
Reports about other matters will set out the details and outcome of
consultation as appropriate. The level of consultation required
will be appropriate to the nature of the matter under
consideration.
2.5 Referral of
matters to the Executive
Any member of the Executive may require the monitoring officer
to make sure that an item is placed on the agenda of the next
available meeting of the Executive for consideration. If he/she
receives such a request the monitoring officer will comply.
The monitoring officer will make sure that an item is placed on
the agenda of the next available meeting of the Executive where a
relevant scrutiny committee or the full Council have resolved that
an item be considered by the Executive.
The monitoring officer and/or the chief financial officer and
Head of Paid Service may include an item for
consideration on the agenda of an Executive meeting and may require
the monitoring officer to call such a meeting in pursuance of their
statutory duties or because they are of the
opinion that any matter requires a decision
.