Operation of the Executive
1.1 Taking Executive
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
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
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
(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
1.6 Arrangements for
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 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.
The quorum for a meeting of the Executive and
any of its sub committees shall be any three of its members.
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.
of Executive Meetings
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
At each meeting of the Executive the following
business will be conducted:
Consideration of the minutes of the last meeting;
(ii) Declarations of interest,
(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
(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
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