Executive Procedure Rules
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.
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.
2. Conduct 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 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.
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 .
Support officer: Cheryl Evans, Democratic Services and Elections Manager. (01522 873439)