EXECUTIVE FUNCTIONS
1. EXECUTIVE
FUNCTIONS
1.1
Executive functions are exercised by:
a.
The Cabinet :
b.
Cabinet committees, if any
c.
The Leader and other individual cabinet
members:
d.
Officers under delegated powers (scheme of
delegation, Part 6).
1.2 It is the
responsibility of the Leader to decide on the delegation of
executive functions and to maintain a written record of such
delegations.
1.3 This scheme
of delegation has been prepared by the leader in accordance with
those provisions. The executive is responsible for initiating and
developing policy and taking decisions within the budget and policy
framework in respect of all the functions of the council other than
those which, whether by law, or under this constitution, cannot be
the responsibility of the executive. Such functions referred to in
this Scheme as “executive functions”.
1.4
Members of the Executive
The members appointed to the executive by the leader are set out in
annexe A to Part 6.1 of the constitution.
1.5 A
full description of the policy areas and executive functions
included in each portfolio is set out in Part 6.1 of the
constitution. The Leader will determine
any question arising as to whether a policy area or executive
function falls within a particular portfolio
conclusively.
1.6
Paragraph C.2 of annexe B of the constitution sets out the
executive functions, which will be determined by the executive
collectively.
1.7 In
addition, the leader has appointed a deputy leader of the council
to exercise the following powers and duties:
a)
Deputising for the Leader in his absence:
b)
Chairing executive meetings in the absence of the
Leader:
c)
Acting as the council’s spokesperson on all
key corporate issues, consistent with the Council’s overall
budget and policy framework, in the absence of the
leader:
d)
Holding, leading or assisting on any portfolio,
which the Leader may allocate.
1.8 No
deputies will be appointed in respect of portfolio holders and in
their absence their duties and responsibilities will be undertaken
by the leader and in his absence by the deputy leader or such other
portfolio holder as the leader may nominate.
1.9 Duties and
responsibilities of individual portfolio holders
The duties and responsibilities of individual portfolio holders are
to:
a)
Provide political leadership for the designated
functions and services of the council set out in the allocated
portfolio.
b)
Exercise any delegated powers and make decisions in
respect of the relevant portfolio area to the extent authorised to
do so by the leader under this scheme of delegation.
c)
Initiate and promote policies and programmes in
respect of the allocated portfolio both within the council and
externally.
d)
Present and consult on the council’s policies
in respect of the allocated portfolio with the public, both
directly and through appropriate media.
e)
Engage with and represent the council in appropriate
local, regional and national groupings involved with the service
areas set out in the allocated portfolio.
f)
Report to the executive and the council on decisions
made, actions taken and progress achieved within the allocated
portfolio.
g)
Consult with and report as required to the
executive, the council and the relevant overview and scrutiny
committee in respect of the portfolio.
h)
Commission and consider reports/briefs from
appropriate officers as required for the efficient discharge of the
portfolio holder’s duties/responsibilities.
i)
Keep abreast of national best practice/new
initiatives in the areas covered by the portfolio to help ensure
high local service standards and provision.
j)
Consider and act on performance data and reports
from the executive and the relevant overview and scrutiny
committee.
k)
Contribute to the corporate development of the
council’s policies and objectives through active engagement
of and participation in the executive.
l)
Work closely with the relevant senior officers of
the council to help ensure the
efficient management of the authority, to uphold high standards of
performance and conduct and to enable officers to exercise any
powers delegated to them.
m)
Attend meetings of the overview and scrutiny
committees as and when required.
1.10 Non-Key Decisions –
Delegations to Portfolio Holders
Each cabinet
member is authorised to take non-key decisions falling within their
portfolio area unless the matter falls within one of the matters
that the executive must determine collectively.
1.11 If a cabinet member has a
personal or prejudicial interest in a decision to be taken on a
matter within his/her portfolio the Leader of the council will
decide who will take the decision. Although normally a councillor
with a personal interest can take part in the decision making
process it is considered inappropriate for this to occur where one
person takes the decision alone.
1.12
Amendment of scheme
This scheme of delegation may be amended at any time by the leader
as provided for in the cabinet procedure rules set out in appendix
4 of this constitution.
2.
PORTFOLIOS
The portfolios with any conditions and limitations
of each member of the cabinet are set out in full in annexe B of
the constitution.