1. EXECUTIVE FUNCTIONS
Executive functions are exercised by:
a. The Cabinet :
b. Cabinet committees, if any
c. The Leader and other individual cabinet members:
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.
The portfolios with any conditions and limitations of each member of the cabinet are set out in full in annexe B of the constitution.
Support officer: Jemma West.
Phone: 01303 853369
Web site: http://www.folkestone-hythe.gov.uk