| n | | n | Welcome to the Constitution of the London Borough of Tower Hamlets. Please check the top of the screen to make sure you are using the latest version (it will say if you aren't). |
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| Welcome to the Constitution of the London Borough of Tower Hamlets. Please check the top of the screen to make sure you are using the latest version (it will say if you aren't). Use the menu on the left to navigate around the content of the Constitution. You will see that most sections are collected into themed areas such as 'Members' and 'Officers'. If you need to find something specific you may also find the Search tool in the top left corner useful, it will show you specific words and phrases and where they appear in the Constitution. If you select a particular paragraph you will see a yellow highlight to the left of the paragraph. When that appears you can copy the web link in your address bar and send it to someone and that will enable them to open and view exactly the same paragraph as you are viewing. | | Use the menu on the left to navigate around the content of the Constitution. You will see that most sections are collected into themed areas such as 'Members' and 'Officers'. If you need to find something specific you may also find the Search tool in the top left corner useful, it will show you specific words and phrases and where they appear in the Constitution. |
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| | | If you select a particular paragraph you will see a yellow highlight to the left of the paragraph. When that appears you can copy the web link in your address bar and send it to someone and that will enable them to open and view exactly the same paragraph as you are viewing. |
| Introduction | | Introduction |
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| Introducing the Council's Constitution | | Introducing the Council's Constitution |
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| This Constitution sets out how the Council operates, how decisions are made and the procedures which are followed to ensure that these are efficient, transparent and accountable to local people. Some of these processes are required by the law, while others are a matter for the Council to determine. | | This Constitution sets out how the Council operates, how decisions are made and the procedures which are followed to ensure that these are efficient, transparent and accountable to local people. Some of these processes are required by the law, while others are a matter for the Council to determine. |
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| The Constitution is divided into nine parts: | | The Constitution is divided into ten parts: |
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| The purpose of the constitution is to ensure that: | | The purpose of the constitution is to ensure that: |
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| The Council will exercise all its powers and duties in accordance with the law and this Constitution. | | The Council will exercise all its powers and duties in accordance with the law and this Constitution. |
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| How the Council Operates | | How the Council Operates |
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| The Council operates the directly elected mayoral form of executive. The Council is composed of a Mayor and forty-five Councillors. The Mayor is directly elected by the electors of the Borough, normally for a four-year term of office. The mayoral election will be held on the same day as the ordinary Council elections, at which Councillors are elected to represent each of the wards within the Borough every four years. Councillors are democratically accountable to residents of their ward. The overriding duty of Councillors is to the whole community, but they have a special duty to their constituents, including those who did not vote for them. | | The Council operates the directly elected mayoral form of executive. The Council is composed of a Mayor and forty-five Councillors. The Mayor is directly elected by the electors of the Borough, normally for a four-year term of office. The mayoral election will be held on the same day as the ordinary Council elections, at which Councillors are elected to represent each of the wards within the Borough every four years. Councillors are democratically accountable to residents of their ward. The overriding duty of Councillors is to the whole community, but they have a special duty to their constituents, including those who did not vote for them. |
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| The Council may also appoint additional ‘Co-opted’ Members to certain Committees and Sub-Committees. Co-optees are people who are chosen to represent a specific area of interest or issue of consideration. These representatives are not elected members of the Council and are appointed because of their level of knowledge and experience. These co-opted members make a very useful contribution to discussions and help make the correct decisions in relation to important matters. | | The Council may also appoint additional ‘Co-opted’ Members to certain Committees and Sub-Committees. Co-optees are people who are chosen to represent a specific area of interest or issue of consideration. These representatives are not elected members of the Council and are appointed because of their level of knowledge and experience. These co-opted members make a very useful contribution to discussions and help make the correct decisions in relation to important matters. |
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| The Mayor, Councillors and Co-optees are together known as ‘Members’ of the Authority. Members have to agree to follow a Code of Conduct for Members to ensure high standards in the way they undertake their duties. The Council’s Standards Advisory Committee is responsible for advising Members on the Code of Conduct and ensuring that they receive training on the requirements of the Code, which they are required to observe in carrying out their duties and responsibilities as Members. | | The Mayor, Councillors and Co-optees are together known as ‘Members’ of the Authority. Members have to agree to follow a Code of Conduct for Members to ensure high standards in the way they undertake their duties. The Council’s Standards Advisory Committee is responsible for advising Members on the Code of Conduct and ensuring that they receive training on the requirements of the Code, which they are required to observe in carrying out their duties and responsibilities as Members. |
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| The Mayor and all Councillors meet together at Council. Meetings of Council are normally open to the public. Here Councillors decide the Council’s overall budget and some policies (including the Budget and Policy Framework). Council appoints annually an Overview and Scrutiny Committee, Regulatory Committees, a Standards Advisory Committee, and other statutory, advisory and consultative bodies. | | The Mayor and all Councillors meet together at Council. Meetings of Council are normally open to the public. Here Councillors decide the Council’s overall budget and some policies (including the Budget and Policy Framework). Council appoints annually an Overview and Scrutiny Committee, Regulatory Committees, a Standards Advisory Committee, and other statutory, advisory and consultative bodies. |
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| The Mayor appoints a Deputy Mayor and (up to eight) additional Cabinet Members who form the Council’s Executive, they are responsible for most day to day decisions and most policies. The Mayor and other Executive Members meet together as the ‘Cabinet’. The Mayor is responsible for the Council’s main executive decision-making powers and the overall delivery of Council services. | | The Mayor appoints a Deputy Mayor and (up to eight) additional Cabinet Members who form the Council’s Executive, they are responsible for most day to day decisions and most policies. The Mayor and other Executive Members meet together as the ‘Cabinet’. The Mayor is responsible for the Council’s main executive decision-making powers and the overall delivery of Council services. |
| | | The Mayor may also establish other Executive decision-making bodies and currently the Council has: Note - The Health and Wellbeing Board can also take some Executive decisions. |
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| The Mayor may also establish other Executive decision-making bodies and currently the Council has: | | |
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| Note - The Health and Wellbeing Board can also take some Executive decisions. | | |
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| Part F (The Mayor and Executive and Executive Procedure Rules) contains out more detail on the Mayor and executive functions. | | Part F (The Mayor and Executive and Executive Procedure Rules) contains out more detail on the Mayor and executive functions. |
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| The Overview and Scrutiny Committee is established to review or scrutinise decisions of the Executive and conduct reviews into functions which are the responsibility of the Executive. Part G of the Constitution sets out a summary and details in relation to Overview and Scrutiny. | | The Overview and Scrutiny Committee is established to review or scrutinise decisions of the Executive and conduct reviews into functions which are the responsibility of the Executive. Part G of the Constitution sets out a summary and details in relation to Overview and Scrutiny. |
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| Suspending, Interpreting and Amending the Constitution and Changes to Executive Arrangements | | Suspending, Interpreting and Amending the Constitution and Changes to Executive Arrangements |
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| Section 3.1: Suspension of the Constitution | | Section 3.1: Suspension of the Constitution |
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| The Rules specified below may be suspended by bodies indicated to the extent permitted within those Rules and the law. | | The Rules specified below may be suspended by bodies indicated to the extent permitted within those Rules and the law. |
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| A motion to suspend any Rules will not be moved without notice unless at least half (½) of the voting members of the meeting in question are present. The extent and duration of suspension will be proportionate to the result to be achieved, taking account of the purposes of the Constitution. | | A motion to suspend any Rules will not be moved without notice unless at least half (½) of the voting members of the meeting in question are present. The extent and duration of suspension will be proportionate to the result to be achieved, taking account of the purposes of the Constitution. |
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| The following Rules may be suspended to the extent permitted by the rules unless this overrides any statutory requirements: | | The following Rules may be suspended to the extent permitted by the rules unless this overrides any statutory requirements: |
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| Section 3.2: Interpretation | | Section 3.2: Interpretation |
| n | | n | A decision of the Speaker of the Council as to the interpretation of this Constitution or any proceedings of the Council shall not be challenged at any meeting of the Council. The Speaker's interpretation will have regard to the purposes of this Constitution as contained in Chapter 1 . |
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| The ruling of the Speaker of the Council as to the construction or application of this Constitution or as to any proceedings of the Council shall not be challenged at any meeting of the Council. Such interpretations will have regard to the purposes of this Constitution as contained in Chapter 1. | | |
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| Section 3.3: Publication | | Section 3.3: Publication |
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| The Monitoring Officer will ensure (1) that the Constitution is published on the Council’s website and that copies are available for inspection at the Town Hall; and (2) can be purchased by members of the local press and the public on payment of a reasonable fee. | | The Monitoring Officer will ensure (1) that the Constitution is published on the Council’s website and that copies are available for inspection at the Town Hall; and (2) can be purchased by members of the local press and the public on payment of a reasonable fee. |
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| The Monitoring Officer will ensure the Constitution is available to all Members and citizens and is updated as necessary. | | The Monitoring Officer will ensure the Constitution is available to all Members and citizens and is updated as necessary. |
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| For the avoidance of doubt, where authority to make changes to any part of the constitution has been delegated to the Monitoring Officer, or any other officer and the change is not reported to the General Purposes Committee or Council, the change will be published direct to the website via the officer decision portal. | | For the avoidance of doubt, where authority to make changes to any part of the constitution has been delegated to the Monitoring Officer, or any other officer and the change is not reported to the General Purposes Committee or Council, the change will be published direct to the officer decision portal on the Council's website. |
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| Section 3.4: Reviews of the Constitution | | Section 3.4: Reviews of the Constitution |
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| The Officer scheme of delegation sets out the Monitoring Officer’s responsibility for reviewing and maintaining an up to date Constitution as set out in the Functions of the Monitoring Officer in Part I Chapter XX. | | The Officer scheme of delegation sets out the Monitoring Officer’s responsibility for reviewing and maintaining an up to date Constitution as set out in the Functions of the Monitoring Officer in Part I, Chapter 57 . |
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| Section 3.5: Changes to the Constitution | | Section 3.5: Changes to the Constitution |
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| The Monitoring Officer can approve all non-material changes to the Constitution including those that reflect decisions taken by the Council or changes in legislation or to correct matters of fact; | | The Monitoring Officer can approve all non-material changes to the Constitution including those that reflect decisions taken by the Council or changes in legislation or to correct matters of fact. |
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| The Monitoring Officer can recommend to Council or General Purposes Committee for approval any material changes to the Constitution with the exception of the Executive Scheme of Delegation (Section xxx) which will be amended by the Monitoring Officer should the Mayor amend his Executive Scheme of Delegation. | | The Monitoring Officer can recommend to Council or General Purposes Committee for approval any material changes to the Constitution with the exception of the Executive Scheme of Delegation ( Chapter 35 ) which will be amended by the Monitoring Officer should the Mayor amend his Executive Scheme of Delegation. |
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| The introduction to the Supplementary Documents Pack sets out the delegated authority to amend each Section within that Pack. Unless indicated otherwise, the Monitoring Officer has delegated authority to amend those documents in consultation with the Chief Executive. | | The introduction to the Supplementary Documents Pack sets out the delegated authority to amend each Section within that Pack. Unless indicated otherwise, the Monitoring Officer has delegated authority to amend those documents in consultation with the Chief Executive. |
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| All Sections of the Constitution remain in place unless explicitly revised or removed. | | All Sections of the Constitution remain in place unless explicitly revised or removed. |
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| Section 3.6: Change of Executive Arrangements | | Section 3.6: Change of Executive Arrangements |
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| The Council must take reasonable steps to consult with local electors and other interested persons in the area when drawing up proposals for a change to its executive arrangements. | | The Council must take reasonable steps to consult with local electors and other interested persons in the area when drawing up proposals for a change to its executive arrangements. |
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| Glossary of Terms | | Glossary of Terms |
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| Version 1.0 25 September 2025. | | |
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| N.B. This glossary is designed to assist in interpreting the Constitution but it does not replace or override statutory definitions and requirements or decision of the Monitoring Officer about the correct interpretation of the provisions of the Constitution. | | N.B. This glossary is designed to assist in interpreting the Constitution but it does not replace or override statutory definitions and requirements or decision of the Monitoring Officer about the correct interpretation of the provisions of the Constitution. |
| | | Access to Information |
| | | Ambassador (Cabinet role) |
| | | Annual Meeting |
| | | Assurance |
| | | Auditor / External Auditor |
| | | Authority / Local Authority |
| | | Basic allowance |
| | | Best Value |
| | | Budget |
| | | Byelaw |
| | | By-election |
| | | Cabinet Committee/Sub Committee |
| | | Cabinet |
| | | Call-in |
| | | Capital |
| | | Chair |
| | | Chief Executive |
| | | Chief Financial Officer |
| | | Chief Officers |
| | | Clear Day |
| | | Code of Conduct for Members |
| | | Committee |
| | | Confidential Information |
| | | Constituent |
| | | Constitution |
| | | Contract Procedure Rules(sometimes referred to as Contract Standing Orders |
| | | Co-Opted Member |
| | | Corporate Plan |
| | | Council Functions |
| | | Councillor |
| | | Delegated Power/Delegated Authority |
| | | Deputy |
| | | Deputy Mayor |
| | | Disclosable Interest / Disclosable Pecuniary Interest |
| | | Dispensation |
| | | Electoral |
| | | Executive |
| | | Executive Arrangements |
| | | Executive Committees |
| | | Executive Functions |
| | | Exempt Information |
| | | Extraordinary Meeting |
| | | Financial Regulations and Procedure Rules |
| | | Forward Plan |
| | | Full Council |
| | | Governance/ Corporate Governance |
| | | Head of Paid Service |
| | | Interests (declaration or register of) |
| | | Joint Committee/Joint Arrangements |
| | | Junior Cabinet Member |
| | | Key Decision |
| | | King George’s Field Charity |
| | | Mayor |
| | | Member |
| | | Members’ Allowances Scheme |
| | | Monitoring Officer |
| | | Officers |
| | | Ordinary meeting |
| | | Overview and Scrutiny Committee |
| | | Parent Committee |
| | | Partnership Arrangement |
| | | Pecuniary Interest |
| | | Policy Framework |
| | | Political Assistant |
| | | Political Balance |
| | | Political Group |
| | | Portfolio |
| | | Procedure Rules |
| | | Proper Officer |
| | | Protocol |
| | | Quasi-Judicial |
| | | Quorum |
| | | Registerable Interest |
| | | Regulatory Committee |
| | | Revenue |
| | | Section 151 Officer |
| | | Speaker/Speaker of the Council |
| | | Special Responsibility Allowance |
| | | Statutory |
| | | Sub-Committee |
| | | Ungrouped (Member) |
| | | Vice-Chair |
| | | Ward |
| Public Rights, Responsibilities and Participation | | Public Rights, Responsibilities and Participation |
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| Public's General Rights and Responsibilities | | Public's General Rights and Responsibilities |
| n | | n | Citizens have various rights as listed below and set out in more detail throughout Part B . |
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| Citizens have various rights as set out below. Their rights to information and to participate are explained in more detail in the Access to Information Procedure Rules in Section 10. | | |
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| Section 5.1: General Rights | | Section 5.1: General Rights |
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| Citizens have a number of general rights including to: | | Citizens have a number of general rights including to: |
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| Section 5.2: Voting and Petitions | | Section 5.2: Voting and Petitions |
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| Citizens on the electoral register have the right to vote at elections. All citizens (that is people living, working or studying in the borough) have the right to present personally or to request a Councillor to present a petition on their behalf to Council, the Cabinet, Scrutiny, Regulatory or other Committees/ Sub Committees or Panels, subject to the detailed provisions laid down in the Petition Scheme and the procedures adopted by those bodies. | | Citizens on the electoral register have the right to vote at elections. All citizens (that is people living, working or studying in the borough) have the right to present personally or to request a Councillor to present a petition on their behalf to Council, the Cabinet, Scrutiny, Regulatory or other Committees/ Sub Committees or Panels, subject to the detailed provisions laid down in the Petition Scheme and the procedures adopted by those bodies. |
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| Section 5.3: Participation in Decision Making | | Section 5.3: Participation in Decision Making |
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| All citizens have the right to participate in Council and Committee meetings and contribute to investigations by Scrutiny Panels. Processes for public participation are set out in the procedures for various Committees and meetings including in Section 26 (Council Procedure Rules) and Section 30 (Overview and Scrutiny Procedure Rules). Individual Committees such as the Licensing and Strategic Development Committee will set out procedures to follow for public participation. | | All citizens have the right to participate in Council and Committee meetings and contribute to investigations by Scrutiny Panels. Processes for public participation are set out in the procedures for various Committees and meetings including in Chapter 17 (Council Procedure Rules) and Chapter 39 (Overview and Scrutiny Procedure Rules) . Individual Committees such as the Licensing and Strategic Development Committee will set out procedures to follow for public participation. |
| | | As a summary, citizens can: |
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| As a summary, citizens can: | | |
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| The Council maintains web pages providing information about its formal decision-making meetings and processes and opportunities for public engagement. These are held at www.towerhamlets.gov.uk/committee . | | The Council maintains web pages providing information about its formal decision-making meetings and processes and opportunities for public engagement. These are held at www.towerhamlets.gov.uk/committee . |
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| Section 5.4: Compliments and Complaints | | Section 5.4: Compliments and Complaints |
| n | | n | All citizens have the right to: |
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| All citizens have the right to: | | |
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| Section 5.5: Citizen's Responsibilities | | Section 5.5: Citizen's Responsibilities |
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| Citizens must not be violent, abusive or threatening to Councillors or officers and must not wilfully damage things owned by the Council, Councillors or officers. | | Citizens must not be violent, abusive or threatening to Councillors or officers and must not wilfully damage things owned by the Council, Councillors or officers. |
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| When attending meetings of Council, Committees/ Sub-Committees/ Panels or the Cabinet, citizens must not behave improperly, offensively or interrupt the business of the meeting as such action will result in their being removed and excluded from the meeting. | | When attending meetings of Council, Committees/ Sub-Committees/ Panels or the Cabinet, citizens must not behave improperly, offensively or interrupt the business of the meeting as such action will result in their being removed and excluded from the meeting. |
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| Where members of the public use specific Council services, for example as a parent of a school pupil or as an occupier of Council land or premises, they have additional rights. These are not covered in this Constitution. | | Where members of the public use specific Council services, for example as a parent of a school pupil or as an occupier of Council land or premises, they have additional rights. These are not covered in this Constitution. |
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| Freedom of the Borough | | Freedom of the Borough |
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| Under Section 249(5) of the Local Government Act 1972, the Council has the power to confer honorary freedom of the Borough to persons of distinction and to persons who have, in the opinion of the authority, rendered eminent services to the borough. | | Under Section 249(5) of the Local Government Act 1972, the Council has the power to confer honorary freedom of the Borough to persons of distinction and to persons who have, in the opinion of the authority, provided notable contributions to the borough. |
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| The title can only be given by a resolution of Council, at a meeting convened for the purpose and the resolution requires a two-thirds majority of the Members present and voting for it to be passed. | | The title can only be given by a resolution of Council, at a meeting convened for the purpose and the resolution requires a two-thirds majority of the Members present and voting for it to be passed. |
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| Similarly, a resolution requires a two-thirds majority of the Members present and voting to rescind a previously made nomination. | | Similarly, a resolution requires a two-thirds majority of the Members present and voting to rescind a previously made nomination. |
| | | Awarding the title of Freedom of the Borough does not confer any rights or responsibilities on that individual. The Council may though choose to engage the individual in the civic business of the borough including such events as: |
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| Under section 249(10), the admission of a person as honorary freedom of the Borough does not carry any right to attend meetings of the Council or its committees or to claim any allowances for attendance at meetings. However, the Council may choose to cover reasonable expenses for attendance at any of the above listed civic events. | | Under section 249(10), the admission of a person as honorary freedom of the Borough does not carry any right to attend meetings of the Council or its committees or to claim any allowances for attendance at meetings. However, the Council may choose to cover reasonable expenses for attendance at any of the above listed civic events. |
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| Public Participation at Meetings | | Public Participation at Meetings |
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| All formal Council, Executive (Cabinet), Overview and Scrutiny, and Regulatory and Non-Executive Committee meetings are generally open to the public, ensuring transparency and civic engagement so that local residents can observe and understand how decisions are made. | | All formal Council, Executive (Cabinet), Overview and Scrutiny, and Regulatory and Non-Executive Committee meetings are generally open to the public, ensuring transparency and civic engagement so that local residents can observe and understand how decisions are made. |
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| Citizens have a right not only to attend but also to actively participate by presenting petitions, deputations, and public questions during Council, Cabinet, Committee and Scrutiny proceedings. Furthermore, members of the public may speak for or against applications before Licensing and Planning Committees, ensuring that local views directly influence decisions that affect their neighbourhoods. | | Citizens have a right not only to attend but also to actively participate by presenting petitions, deputations, and public questions during Council, Cabinet, Committee and Scrutiny proceedings. Furthermore, members of the public may speak for or against applications before Licensing and Planning Committees, ensuring that local views directly influence decisions that affect their neighbourhoods. |
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| Public participation at meetings is managed by the Chair using the procedures set out for that meeting. | | Public participation at meetings is managed by the Chair using the procedures set out for that meeting. |
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| The Council’s Committee Procedure Rules in Part E set out the general principles of public engagement at meetings. These will operate at all meetings unless there are explicit rules which apply to that specific meeting. For example. The Council’s planning and licensing committees have their own operating procedures whilst meetings of Council operate using the Council Procedure Rules. | | The Council’s Committee Procedure Rules in Part E set out the general principles of public engagement at meetings. These will operate at all meetings unless there are explicit rules which apply to that specific meeting. For example. The Council’s planning and licensing committees have their own operating procedures whilst meetings of Council operate using the Council Procedure Rules . |
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| Protocol for Reporting and Filming Council, Cabinet and Committee meetings. | | Protocol for Reporting and Filming Council, Cabinet and Committee meetings. |
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| Section 8.1: Introduction | | Section 8.1: Introduction |
| n | | n | |
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| As set out in the Council Procedure Rules [ ], members of the press and public are welcome to film, audio record, take photographs, use social media or otherwise record or report on (collectively referred to as film/record in this protocol) meetings of the Council, Cabinet and Committees. This facility is important in ensuring the transparency and openness of the Council’s decision making. | | As set out in the Council Procedure Rules , members of the press and public are welcome to film, audio record, take photographs, use social media or otherwise record or report on (collectively referred to as film/record in this protocol) meetings of the Council, Cabinet and Committees. This facility is important in ensuring the transparency and openness of the Council’s decision making. |
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| It should be noted that, unless previously agreed for accessibility reasons, the Council would not normally allow oral reporting/commentary on a meeting as it takes place by someone present at the meeting. | | It should be noted that, unless previously agreed for accessibility reasons, the Council would not normally allow oral reporting/commentary on a meeting as it takes place by someone present at the meeting. |
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| The Speaker/Chair of the meeting will in all cases make the final decision on all matters of dispute in regard to filming/recording meetings. | | The Speaker/Chair of the meeting will in all cases make the final decision on all matters of dispute in regard to filming/recording meetings. |
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| Section 8.2: Webcasting Meetings | | Section 8.2: Webcasting Meetings |
| n | | n | |
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| The Council webcasts many of its meetings and members of the public may find it easier to link to sections of those webcasts rather than make their own recordings. | | The Council webcasts many of its meetings and members of the public may find it easier to link to sections of those webcasts rather than make their own recordings. |
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| Section 8.3: Attendance at Meetings | | Section 8.3: Attendance at Meetings |
| n | | n | |
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| Whilst the Chair of the meeting will look to ensure those present are aware of all filming/recording taking place and request that members of the public gallery are not filmed no guarantee can be given. | | Whilst the Chair of the meeting will look to ensure those present are aware of all filming/recording taking place and request that members of the public gallery are not filmed no guarantee can be given. |
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| Attendees should also be aware that they may be shown in the background of any Council webcast of the meeting they are attending this includes automated and manually controlled webcasts. | | Attendees should also be aware that they may be shown in the background of any Council webcast of the meeting they are attending this includes automated and manually controlled webcasts. |
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| Section 8.4: Recommended actions for those wishing to film/record meetings by attending physical meetings | | Section 8.4: Recommended actions for those wishing to film/record meetings by attending physical meetings |
| n | | n | |
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| Section 8.5: The Role of the Chair of the meeting | | Section 8.5: The Role of the Chair of the meeting |
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| Should the Chair determine at any time that the recording or filming the meeting is causing a disturbance or is otherwise inappropriate then they have the authority to request the activity cease. | | Should the Chair determine at any time that the recording or filming the meeting is causing a disturbance or is otherwise inappropriate then they have the authority to request the activity cease. |
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| Should anyone refuse a request to cease or adjust their filming/recording, the Chair will ask the person to leave the meeting. If the person refuses to leave then the Chair may adjourn the meeting or make other appropriate arrangements for the meeting to continue without disruption. This is in line with the meeting conduct procedures set out in the Council Procedure Rules. | | Should anyone refuse a request to cease or adjust their filming/recording, the Chair will ask the person to leave the meeting. If the person refuses to leave then the Chair may adjourn the meeting or make other appropriate arrangements for the meeting to continue without disruption. This is in line with the meeting conduct procedures set out in the Council Procedure Rules. |
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| Section 8.6: Restrictions | | Section 8.6: Restrictions |
| n | | n | |
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| Whilst officers and others taking part in a Council or Committee meeting can normally be filmed, the Chair may prevent filming of specific individuals where this is necessary. Examples could include cases such as where the individual is a child, or where revealing their identity would impact on their job or could lead to threats or abuse of such an individual. | | Whilst officers and others taking part in a Council or Committee meeting can normally be filmed, the Chair may prevent filming of specific individuals where this is necessary. Examples could include cases such as where the individual is a child, or where revealing their identity would impact on their job or could lead to threats or abuse of such an individual. |
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| Section 8.7: Publishing content | | Section 8.7: Publishing content |
| n | | n | |
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| The Council would expect that those publishing films or recordings made at meetings or from webcast footage would be clear as to the context the recording was made and would not edit the footage in such a way as could lead to misinterpretation or misrepresentation of the proceedings or comments made by attendees. | | The Council would expect that those publishing films or recordings made at meetings or from webcast footage would be clear as to the context the recording was made and would not edit the footage in such a way as could lead to misinterpretation or misrepresentation of the proceedings or comments made by attendees. |
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| The London Borough of Tower Hamlets Petition Scheme | | The London Borough of Tower Hamlets Petition Scheme |
| n | | n | |
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| Section 9.1: Submitting a Petition to the Council | | Section 9.1: Submitting a Petition to the Council |
| n | | n | |
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| Tower Hamlets Council welcomes petitions and recognises that petitions are one way in which people can let us know their concerns. We will treat something as a petition if it is identified as being a petition, or if it seems to us that it is intended to be a petition. | | Tower Hamlets Council welcomes petitions and recognises that petitions are one way in which people can let us know their concerns. We will treat something as a petition if it is identified as being a petition, or if it seems to us that it is intended to be a petition. |
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| are those prepared in the traditional way: a petition organiser creates a paper document that includes a proposed action. Residents physically write their name, address and signature on this document to show their support of the proposed action. | | are those prepared in the traditional way: a petition organiser creates a paper document that includes a proposed action. Residents physically write their name, address and signature on this document to show their support of the proposed action. |
| | | To help you organise a paper petition, the Council has prepared a template that is available on the Council's website should you wish to use it. |
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| To help you organise a paper petition, the Council has prepared a template that is attached as Appendix 3. | | |
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| Paper petitions can be sent to the Democratic Services Team using the details provided at Section 7 of this Scheme. | | Paper petitions can be sent to the Democratic Services Team using the details provided at Section 9.7 of this Scheme . |
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| are created, signed, and submitted entirely online. The petition organiser uses a website to create their petition and residents can electronically add their name via the website to show their support of the action the petition organiser proposes. | | are created, signed, and submitted entirely online. The petition organiser uses a website to create their petition and residents can electronically add their name via the website to show their support of the action the petition organiser proposes. |
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| It is recommended that e-petitions are created via the Council’s e-petition facility www.towerhamlets.gov.uk/petition. e-Petitions created or submitted through third party websites may be accepted if they comply with the provisions of this scheme. | | It is recommended that e-petitions are created via the Council’s e-petition facility www.towerhamlets.gov.uk/petition. e-Petitions created or submitted through third party websites may be accepted if they comply with the provisions of this scheme. |
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| There are no set rules as to how long you can collect signatures for a petition. It is up to you as petition organiser to determine when to close your petition and submit it to the Council. However, the Council will not normally host live petitions on its own e-Petitions site for longer than six months. | | There are no set rules as to how long you can collect signatures for a petition. It is up to you as petition organiser to determine when to close your petition and submit it to the Council. However, the Council will not normally host live petitions on its own e-Petitions site for longer than six months. |
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| Section 9.2: Guidelines for Submitting a Petition | | Section 9.2: Guidelines for Submitting a Petition |
| n | | n | Subsection 9.2.1: Scope of Petition |
| | | Subsection 9.2.2: Signing a Petition |
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| The Monitoring Officer will also consider any request received for the petition to be dealt with in a particular way (e.g. for submission to a particular Committee or to Council). Subject to the guidance within this Petition Scheme, the Monitoring Officer has absolute discretion on how the Council will deal with any petition received and may recommend an alternative course of action to that requested. | | |
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| In addition, there are some circumstances where petitions will not be dealt with under this Scheme. These include any matters relating to planning or licensing applications; where a separate consultation process is active; or any other circumstances which, in the opinion of the Monitoring Officer would mean the petitions would be better dealt with using a different Council procedure. | | |
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| The Council may seek to verify the authenticity of each entry on a petition by reference to existing information such as (where appropriate) the current electoral register or other relevant records. Entries which cannot be verified may not be counted for the purposes of determining whether a petition has exceeded a threshold set out in this scheme. | | |
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| In the period immediately before an election or referendum, when certain legal restrictions apply, we may need to deal with your petition differently – if this is the case we will explain the reasons and discuss the revised timescale which will apply. | | |
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| If a petition does not follow the guidelines set out above, the Council may decide not to do anything further with it. In that case, we will write to you to explain the reasons. | | |
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| - The Council welcomes petitions created and signed by school children and university students. It may be appropriate for young people to give the name of their school or college rather than home address when signing a petition. | | |
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| - Petitioners are asked not to ask council officers to sign their petitions in relation to their service area. It is contrary to the Member / Officer Protocol for officers to lobby Councillors in respect of their specific service. | | |
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| Section 9.3: Action by the Council on Receipt of a Petition | | Section 9.3: Action by the Council on Receipt of a Petition |
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| An acknowledgement will be sent to the petition organiser within 10 working days of us receiving the petition. This will let them know what we plan to do with the petition and when they can expect to receive a formal response to it. If the petition needs more investigation, we will tell the petition organiser the steps we plan to take. | | An acknowledgement will be sent to the petition organiser within 10 working days of us receiving the petition. This will let them know what we plan to do with the petition and when they can expect to receive a formal response to it. If the petition needs more investigation, we will tell the petition organiser the steps we plan to take. |
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| If we can do what the petition asks for, the acknowledgement may confirm that we have taken the action requested and the petition will be closed. | | If we can do what the petition asks for, the acknowledgement may confirm that we have taken the action requested and the petition will be closed. |
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| New article...Petitions will receive a formal response from the relevant Corporate Director within 28 days of receipt. This will usually be the quickest way of addressing the issue. | | Petitions will receive a formal response from the relevant Corporate Director within 28 days of receipt. This will usually be the quickest way of addressing the issue. |
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| If however, the petition meets the requirements to be presented/debated at a meeting of Councillors under the provisions of Section 4 of this scheme, the petition will receive a formal response within 28 days from the meeting. If you request this option, the relevant Corporate Director may still write to you. You may choose not to proceed with presentation at a meeting if you feel their response resolves the matter. | | If however, the petition meets the requirements to be presented/debated at a meeting of Councillors under the provisions of Section 9.4 of this scheme , the petition will receive a formal response within 28 days from the meeting. If you request this option, the relevant Corporate Director may still write to you. You may choose not to proceed with presentation at a meeting if you feel their response resolves the matter. |
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| The acknowledgment will confirm when and how your response will be sent and tell you when and where the meeting will take place (if applicable and if known at that stage). | | The acknowledgment will confirm when and how your response will be sent and tell you when and where the meeting will take place (if applicable and if known at that stage). |
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| To ensure that people know what we are doing in response to the petitions we receive, the details of all petitions submitted to the Council will be published on our website, except in cases where this would be inappropriate. Whenever possible we will also publish all correspondence relating to the petition (all personal details will be removed). | | To ensure that people know what we are doing in response to the petitions we receive, the details of all petitions submitted to the Council will be published on our website, except in cases where this would be inappropriate. Whenever possible we will also publish all correspondence relating to the petition (all personal details will be removed). |
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| Section 9.4: Presentation of a Petition to Elected Councillors | | Section 9.4: Presentation of a Petition to Elected Councillors |
| n | | n | |
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| Subject to your petition containing sufficient signatures as set out below, you may request to present the petition to a meeting of Councillors. There are several ways in which this can be done. | | Subject to your petition containing sufficient signatures as set out below, you may request to present the petition to a meeting of Councillors. There are several ways in which this can be done. |
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| If your petition includes the names, addresses and signatures of 30 persons who live, work or study in the borough it can be presented at an ordinary meeting of the Council or to a Council Committee. | | If your petition includes the names, addresses and signatures of 30 persons who live, work or study in the borough it can be presented at an ordinary meeting of the Council or to a Council Committee. |
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| The procedure for presenting a petition at full Council or Committee meetings is included in Appendix 1 of this scheme. | | The procedure for presenting a petition at full Council or Committee meetings is included in the Appendix to the Petition Scheme . |
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| Separate to the above provision, the Mayor has agreed a scheme for public engagement at executive meetings (the Cabinet and Cabinet sub-committees), which provides a number of different ways that members of the public can make submissions relating to items on the agenda. The Cabinet public engagement scheme is set out later on in this scheme. | | Separate to the above provision, the Mayor has agreed a scheme for public engagement at executive meetings (the Cabinet and Cabinet sub-committees), which provides a number of different ways that members of the public can make submissions relating to items on the agenda. The Cabinet public engagement scheme is set out later on in this scheme. |
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| If your petition includes the names, addresses and signatures of 2,000 persons who live, work or study in the borough, you may request that a debate be held about the petition at a full Council meeting. | | If your petition includes the names, addresses and signatures of 2,000 persons who live, work or study in the borough, you may request that a debate be held about the petition at a full Council meeting. |
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| The procedure for debating a petition at full Council meetings is included later in this scheme. | | The procedure for debating a petition at full Council meetings is included later in this scheme. |
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| If your petition includes the names, addresses and signatures of at least 1,000 persons who live, work or study in the borough, you may request that a relevant senior officer give evidence at a public meeting of the Council’s Overview and Scrutiny Committee. For example, you may request that a senior officer explain progress on an issue, or the advice given to councillors to enable them to make a particular decision. The senior officers who may be called to give evidence under this procedure include the Head of the Paid Service (Chief Executive) and any of the Council’s statutory or non-statutory Chief Officers (Corporate Directors). | | If your petition includes the names, addresses and signatures of at least 1,000 persons who live, work or study in the borough, you may request that a relevant senior officer give evidence at a public meeting of the Council’s Overview and Scrutiny Committee. For example, you may request that a senior officer explain progress on an issue, or the advice given to councillors to enable them to make a particular decision. The senior officers who may be called to give evidence under this procedure include the Head of the Paid Service (Chief Executive) and any of the Council’s statutory or non-statutory Chief Officers (Corporate Directors). |
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| You should be aware that the Overview and Scrutiny Committee may decide that it would be more appropriate for another officer to give evidence instead of any officer named in the petition – for instance if the named officer has changed jobs. The Committee will also call the relevant Executive Councillor(s) to attend the meeting. Committee members will ask the questions at this meeting, but you will be able to suggest questions to the Chair of the Committee by contacting the Democratic Services team [Link] up to three working days before the meeting. | | You should be aware that the Overview and Scrutiny Committee may decide that it would be more appropriate for another officer to give evidence instead of any officer named in the petition – for instance if the named officer has changed jobs. The Committee will also call the relevant Executive Councillor(s) to attend the meeting. Committee members will ask the questions at this meeting, but you will be able to suggest questions to the Chair of the Committee by contacting the Democratic Services team (through the link on the front of the agenda) up to three working days before the meeting. |
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| If you would like your petition to be presented/debated at a meeting, you must submit (1) the petition; (2) a request to present or debate the petition; and (3) any request for additional assistance such as an interpreter, to the Democratic Services Team (see Section 7) by noon, 9 clear working days (not including the day notice is given or the day of the meeting) before the relevant meeting. However, please note that there is likely to be a maximum number of petitions presented at any one meeting and these slots are normally allocated in order of receipt, so early submission is advised. | | If you would like your petition to be presented/debated at a meeting, you must submit (1) the petition; (2) a request to present or debate the petition; and (3) any request for additional assistance such as an interpreter, to the Democratic Services Team (see Section 9.7 ) by noon, 9 clear working days (not including the day notice is given or the day of the meeting) before the relevant meeting. However, please note that there is likely to be a maximum number of petitions presented at any one meeting and these slots are normally allocated in order of receipt, so early submission is advised. |
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| When determining whether a petition has met or exceeded a threshold set out in this scheme, the Council will only count signatories for which a local connection (i.e. that the signatory either lives, works or studies in Tower Hamlets) can be evidenced from the information supplied. There is a risk that petitions created and/or submitted via third party e-petition websites may not satisfy this criterion so it is strongly recommended that e-petitions are created via the Council’s own e-petition facility www.towerhamlets.gov.uk/petition | | When determining whether a petition has met or exceeded a threshold set out in this scheme, the Council will only count signatories for which a local connection (i.e. that the signatory either lives, works or studies in Tower Hamlets) can be evidenced from the information supplied. There is a risk that petitions created and/or submitted via third party e-petition websites may not satisfy this criterion so it is strongly recommended that e-petitions are created via the Council’s own e-petition facility www.towerhamlets.gov.uk/petition |
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| In the event that 2 or more petitions which are substantially the same are received from different petition organisers, the Monitoring Officer may aggregate the number of valid signatures in each petition for the purpose of determining whether the threshold to trigger a Council debate of the matters raised has been reached if that is the wish of the petition organisers. | | In the event that 2 or more petitions which are substantially the same are received from different petition organisers, the Monitoring Officer may aggregate the number of valid signatures in each petition for the purpose of determining whether the threshold to trigger a Council debate of the matters raised has been reached if that is the wish of the petition organisers. |
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| Section 9.5: Petitions on Non-Council Functions | | Section 9.5: Petitions on Non-Council Functions |
| n | | n | |
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| If your petition is about something over which the Council has no direct control (for example the local railway or hospital) it is unlikely you will be able to present it to a Council meeting, but we will consider making representations on behalf of the community to the relevant body. The council works with a large number of local partners and where possible may liaise with these partners to respond to your petition. If we are not able to do this for any reason (for example if what the petition calls for conflicts with Council policy), then we will set out the reasons for this to you. | | If your petition is about something over which the Council has no direct control (for example the local railway or hospital) it is unlikely you will be able to present it to a Council meeting, but we will consider making representations on behalf of the community to the relevant body. The council works with a large number of local partners and where possible may liaise with these partners to respond to your petition. If we are not able to do this for any reason (for example if what the petition calls for conflicts with Council policy), then we will set out the reasons for this to you. |
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| If your petition is about something that a different authority is responsible for we will give consideration to what the best method is for responding to it. This might consist of simply forwarding the petition to the other authority, but could involve other steps. In any event we will notify you of the action we have taken. | | If your petition is about something that a different authority is responsible for we will give consideration to what the best method is for responding to it. This might consist of simply forwarding the petition to the other authority, but could involve other steps. In any event we will notify you of the action we have taken. |
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| You can find more information on the services for which the Council is responsible on our website. www.towerhamlets.gov.uk | | You can find more information on the services for which the Council is responsible on our website. www.towerhamlets.gov.uk |
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| In all cases we will provide the written response as set out in Section 3. | | In all cases we will provide the written response as set out in Section 9.3 . |
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| Section 9.6: If you are not satisfied with the Council's response | | Section 9.6: If you are not satisfied with the Council's response |
| n | | n | |
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| If you feel that we have not dealt with your petition properly you may make a complaint under the Council’s complaints procedure. https://www.towerhamlets.gov.uk/lgnl/council_and_democracy/complaints/complaints.aspx | | If you feel that we have not dealt with your petition properly you may make a complaint under the Council’s complaints procedure. https://www.towerhamlets.gov.uk/lgnl/council_and_democracy/complaints/complaints.aspx |
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| Section 9.7: Further Information | | Section 9.7: Further Information |
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| Should you wish to submit a petition or require any further information, please contact: Petitions, Democratic Services,2nd Floor, Whitechapel Town Hall, 160 Whitechapel Rd, London E1 1BJ Email: councillor.supportteam@towerhamlets.gov.uk Website: http://www.towerhamlets.gov.uk/committee | | Should you wish to submit a petition or require any further information, please contact: Petitions, Democratic Services,2nd Floor, Whitechapel Town Hall, 160 Whitechapel Rd, London E1 1BJ Email: councillor.supportteam@towerhamlets.gov.uk Website: http://www.towerhamlets.gov.uk/committee |
| e-petitions website: http://www.towerhamlets.gov.uk/petition | | e-petitions website: http://www.towerhamlets.gov.uk/petition |
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| Section 9.8: Appendix to the Petition Scheme - Procedure for hearing petitions at Full Council | | Section 9.8: Appendix to the Petition Scheme - Procedure for hearing petitions at Full Council |
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| All petitions received within the deadline (see Section 4 of the Petition Scheme) will be listed on the Council agenda. | | All petitions received within the deadline (see Section 9.4 of the Petition Scheme ) will be listed on the Council agenda. |
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| The agenda will list 4 petitions as ‘to be heard’, which will be listed in order of receipt, except that petitions for debate will take precedence. Any petitions listed as ‘to be heard’ for which the person(s) listed to present are absent, will be noted (see below). | | The agenda will list 4 petitions as ‘to be heard’, which will be listed in order of receipt, except that petitions for debate will take precedence. Any petitions listed as ‘to be heard’ for which the person(s) listed to present are absent, will be noted (see below). |
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| All remaining petitions will be listed as ‘to be noted’. These petitions will not be heard and the Speaker will state where they will go for a full response. | | All remaining petitions will be listed as ‘to be noted’. These petitions will not be heard and the Speaker will state where they will go for a full response. |
| | | Subsection 9.8.1: General guidance on petition hearings at Council meetings |
| | | Subsection 9.8.2: Presentation of Petitions at Non-Executive Committee Meetings (including Overview and Scrutiny Committees) |
| | | Subsection 9.8.3: Petitions presented by young people |
| | | Subsection 9.8.4: PROCEDURE FOR HEARING PETITIONS AT MEETINGS OF THE CABINET |
| | | Subsection 9.8.5: Public Engagement at Cabinet |
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| Executive functions: In relation to executive functions, the Council does not have powers to override any executive decision of the Mayor or substitute its own decision. The Council may however pass a motion expressing a view on the matter or referring the matter to the Mayor, calling on him/her to take some action, or consider or reconsider a decision, with recommendations to inform that consideration. Officers will advise on the constitutional validity of any motion that may be moved. | | |
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| An individual or group may not submit a petition to a meeting of the Council if that individual or group has previously submitted a petition to either of the previous 2 Council meetings. | | |
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| Petitions can also be presented to any Non-Executive Committee meeting providing it is on a subject matter that is within that Committee’s Terms of Reference. | | |
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| Some Committees will have specific procedures for dealing with petitions and those must be followed where they exist. In any other case the petition will be dealt with at the next appropriate Committee meeting. If no other procedures are in place or agreed then the petition will be heard in the same manner as at Council (3 minute presentation, 4 minutes of questions from Members, 2 minutes for a response). The response may come from a Member or officer as appropriate. If the petition relates to an item on the agenda, it will be considered during the discussion of that particular agenda item. | | |
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| The Council welcomes petitions presented by young people including school children. Whilst the standard meeting procedures will be followed where possible, the Chair of the meeting shall have the discretion to vary the procedures to ensure the young people are properly able to represent themselves at the meeting. | | |
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| The procedure for hearing petitions at meetings of the Cabinet is contained in the Executive Procedure Rules in Part F Section xxx of the Council’s Constitution. The relevant provision is replicated below: | | |
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| Whilst the main focus of Cabinet is as a decision-making body, there is an opportunity for the public to contribute through making submissions that specifically relate to the reports that are set out on the agenda. Members of the public may therefore make written submissions in any form (for example; Petitions, letters, written questions) and which are to be submitted to the Clerk to Cabinet (whose details are on the Cabinet agenda front sheet) by 5 pm the day before the meeting. The consideration of such written submissions will be at the discretion of whosoever presides at the meeting. | | |
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| To Democratic Services, | | |
| Tower Hamlets Council | | |
| 2nd Floor, Town Hall | | |
| London Borough of Tower Hamlets Whitechapel Town Hall 160 Whitechapel Road London E1 1BJ | | |
| Councillor.supportteam@towerhamlets.gov.uk | | |
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| Dear Democratic Services, please find attached a petition relating to… | | |
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| …for your attention. The petition statement, which explains what action we would like the Council to take, and the names, addresses and signature of each person supporting the petition, can be found on the attached pages. | | |
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| Name: Address: Email: Telephone No: Are you also running a petition on this subject on the Council’s website www.towerhamlets.gov.uk/petition? YES / NO (delete as applicable) I believe this petition contains ………….signatures; | | |
| : I would like (tick 1 ONLY): For this petition to be referred to a senior Council officer who will arrange for a response to be sent within 28 days of receipt by the Council; To present this petition in person at a future meeting of the Council or a committee | | |
| For this petition to be debated by Councillors at a future meeting of the Council | | |
| (note to petition organiser – please complete this cover page in full and print copy. Please complete and then print as many copies of the following signature sheet as you feel necessary. All signature sheets must also include the petition statement. Combine all pages and return to the address above.) | | |
| We the undersigned petition the Council to…[Insert your own text] Please complete each row in full in BLOCK CAPITALS (individuals signing this petition must be persons living, working or studying in the London Borough of Tower Hamlets). FULL NAME ADDRESS INC. POSTCODE SIGNATURE | | |
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| Access to Information Procedure Rules | | Access to Information Procedure Rules |
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| Section 10.1: Scope | | Section 10.1: Scope |
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| These rules apply to all meetings of Council, Overview and Scrutiny Committee, Scrutiny Sub-Committees and Panels, the Standards Advisory Committee, regulatory and other Committees, Sub-Committees and public meetings of the Executive (together called “meetings”). | | These rules apply to all meetings of Council, Overview and Scrutiny Committee, Scrutiny Sub-Committees and Panels, the Standards Advisory Committee, regulatory and other Committees, Sub-Committees and public meetings of the Executive (together called “meetings”). |
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| Section 10.2: Additional Rights to Information | | Section 10.2: Additional Rights to Information |
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| These rules do not affect any more specific rights to information contained elsewhere in this Constitution or the law. | | These rules do not affect any more specific rights to information contained elsewhere in this Constitution or the law. |
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| Section 10.3: Rights to attend meetings | | Section 10.3: Rights to attend meetings |
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| Members of the public may attend all meetings subject only to the exceptions in these rules. | | Members of the public may attend all meetings subject only to the exceptions in these rules. |
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| Section 10.4: Notice of Meeting | | Section 10.4: Notice of Meeting |
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| The Council will give at least five clear working days’ notice not including the day that notice is given or the day of any meeting by posting details of the meeting at Tower Hamlets Town Hall, 160 Whitechapel Road, London E1 1BJ (the designated office). | | The Council will give at least five clear working days’ notice not including the day that notice is given or the day of any meeting by posting details of the meeting at Tower Hamlets Town Hall, 160 Whitechapel Road, London E1 1BJ (the designated office). |
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| If the meeting is convened at shorter notice than five clear working days, notice is to be given by the Council in the same manner set out above at the time the meeting is convened. | | If the meeting is convened at shorter notice than five clear working days, notice is to be given by the Council in the same manner set out above at the time the meeting is convened. |
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| Section 10.5: Access to agendas and reports before the meeting | | Section 10.5: Access to agendas and reports before the meeting |
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| The Council will make copies of the agenda and reports open to the public available for inspection on the Council’s website and at the designated office at least five clear working days before the meeting except; | | The Council will make copies of the agenda and reports open to the public available for inspection on the Council’s website and at the designated office at least five clear working days before the meeting except; |
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| Where the meeting is convened at shorter notice, copies of the agenda and report shall be open to inspection from the time the meeting is convened, and | | Where the meeting is convened at shorter notice, copies of the agenda and report shall be open to inspection from the time the meeting is convened, and |
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| Where an item is added to an agenda copies of which are open to inspection by the public, copies of the item (and of the revised agenda) and copies of any report for the meeting relating to that item, shall be open to inspection from the time the item is added to the agenda. | | Where an item is added to an agenda copies of which are open to inspection by the public, copies of the item (and of the revised agenda) and copies of any report for the meeting relating to that item, shall be open to inspection from the time the item is added to the agenda. |
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| Section 10.6: Items of Business | | Section 10.6: Items of Business |
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| An item of business may not be considered at a meeting unless either: | | An item of business may not be considered at a meeting unless either: |
| (a) copy of the agenda including the item (or a copy of the item) is open to inspection by a member of the public for at least five clear working days before the meeting or, where the meeting is convened at shorter notice, from the time the meeting is convened; or | | |
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| “Five clear working days” excludes the day of the meeting, the day on which the meeting is called, weekends and bank holidays. | | “Five clear working days” excludes the day of the meeting, the day on which the meeting is called, weekends and bank holidays. |
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| “Special circumstances” justifying an item being considered as a matter of urgency will relate to both why the decision could not be made by calling a meeting allowing the proper time for inspection as well as why the item or report could not have been available for inspection for five clear days before the meeting. | | “Special circumstances” justifying an item being considered as a matter of urgency will relate to both why the decision could not be made by calling a meeting allowing the proper time for inspection as well as why the item or report could not have been available for inspection for five clear days before the meeting. |
| | | Where the item of business relates to a key decision Sections 10.14 to 10.19 also apply. |
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| Where the item of business relates to a key decision Rules 14-19 also apply. | | |
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| Section 10.7: Supply of Copies | | Section 10.7: Supply of Copies |
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| The Council will supply copies of: | | |
| any agenda and reports which are open to public inspection; | | |
| any further statements or particulars necessary to indicate the nature of the items in the agenda; and | | |
| if the Monitoring Officer thinks fit, any other documents supplied to Councillors in connection with an item, | | |
| to any person who makes a request to view copies of these documents on payment of a charge for postage and any other costs. | | The Council will supply copies of: to any person who makes a request to view copies of these documents on payment of a charge for postage and any other costs. |
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| Section 10.8: Access to Minutes etc after the meeting | | Section 10.8: Access to Minutes etc after the meeting |
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| The Council will make available copies of the following for six years after a meeting: | | The Council will make available copies of the following for six years after a meeting: |
| the minutes of the meeting or records of decisions taken together with reasons, for all meetings excluding any part of the minutes of proceedings when the meeting was not open to the public or which disclose exempt or confidential information; | | |
| a summary of any proceedings not open to the public where the minutes open to inspection would not provide a reasonably fair and coherent record; | | |
| the agenda for the meeting; and reports relating to items when the meeting was open to the public. | | |
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| Section 10.9: Background Papers | | Section 10.9: Background Papers |
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| n | | n | The Director of Legal will set out in every report a list of those documents (called background papers) relating to the subject matter of the report which in her/his opinion: but does not include published works or those which disclose exempt or confidential information (as defined in Section 10.11 ) or in respect of reports to the Executive, the advice of a political adviser or assistant. |
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| The Director of Legal will set out in every report a list of those documents (called background papers) relating to the subject matter of the report which in her/his opinion: | | |
| disclose any facts or matters on which the report or an important part of the report is based; andwhich have been relied on to a material extent in preparing the report, | | |
| but does not include published works or those which disclose exempt or confidential information (as defined in Rule 11) or in respect of reports to the Executive, the advice of a political adviser or assistant. | | |
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| . The Council will publish background papers on the Council’s website and will make available for public inspection for four years after the date of the meeting one copy of each of the documents on the list of background papers. | | . The Council will publish background papers on the Council’s website and will make available for public inspection for four years after the date of the meeting one copy of each of the documents on the list of background papers. |
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| Section 10.10: Summary of Public's Rights | | Section 10.10: Summary of Public's Rights |
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| This constitution sets out the public’s rights to attend meetings and to inspect and copy documents shall be kept at and available to the public at the designated office. | | This constitution sets out the public’s rights to attend meetings and to inspect and copy documents shall be kept at and available to the public at the designated office. |
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| Section 10.11: Exclusion of Access by the Public to Meetings | | Section 10.11: Exclusion of Access by the Public to Meetings |
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| n | | n | – . The public must be excluded from meetings or those part or parts of meetings whenever it is likely in view of the nature of the business to be transacted or the nature of the proceedings that confidential information (as defined in paragraph 4 below ) would be disclosed in breach of the obligation of confidence. |
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| n | | n | – . The public may be excluded from meetings or those part or parts of meetings whenever it is likely in view of the nature of the business to be transacted or the nature of the proceedings that exempt information (as defined in paragraph 5 below ) would be disclosed and the public interest in maintaining the exemption outweighs the public interest in disclosing the information. |
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| – . The public must be excluded from meetings or those part or parts of meetings whenever it is likely in view of the nature of the business to be transacted or the nature of the proceedings that confidential information (as defined in Rule 11.4 below) would be disclosed in breach of the obligation of confidence. | | |
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| – . The public may be excluded from meetings or those part or parts of meetings whenever it is likely in view of the nature of the business to be transacted or the nature of the proceedings that exempt information (as defined in Rule 11.5 below) would be disclosed and the public interest in maintaining the exemption outweighs the public interest in disclosing the information. | | |
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| Where the meeting will determine any person’s civil rights or obligations, or adversely affect their possessions, Article 6 of the Human Rights Act 1998 establishes a presumption that the meeting will be held in public unless a private hearing is necessary for one of the reasons specified in Article 6. | | Where the meeting will determine any person’s civil rights or obligations, or adversely affect their possessions, Article 6 of the Human Rights Act 1998 establishes a presumption that the meeting will be held in public unless a private hearing is necessary for one of the reasons specified in Article 6. |
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| Confidential information means information given to the Council by a Government Department on terms which forbid its public disclosure or information which the disclosure of which to the public is prohibited by or under any enactment or by the order of a court. This includes information excluded under the Freedom of Information Act 2000 or the Data Protection Act 2018. | | Confidential information means information given to the Council by a Government Department on terms which forbid its public disclosure or information which the disclosure of which to the public is prohibited by or under any enactment or by the order of a court. This includes information excluded under the Freedom of Information Act 2000 or the Data Protection Act 2018. |
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| Meaning of Exempt Information. Exempt information is those for the time being specified in Part I of Schedule 12A to the Local Government Act 1972, namely: | | Exempt information is those for the time being specified in Part I of Schedule 12A to the Local Government Act 1972, namely: |
| Information relating to any individual. Information which is likely to reveal the identity of an individual. | | |
| Information relating to the financial or business affairs of any particular person (including the authority handling the information) | | |
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| Information relating to any consultations or negotiations, or contemplated consultations or negotiations, in connection with any labour relations matters arising between the authority or a Minister of the Crown and employees of, or office holders under, the authority. | | |
| Information in respect of which a claim to legal professional privilege could be maintained in legal proceedings. | | |
| Information which reveals that the authority proposes:- | | |
| to give under any enactment a notice under or by virtue of which requirements are imposed on a person; or | | |
| to make an order or direction under any enactment. | | |
| Information relating to any action taken or to be taken in connection with the prevention, investigation or prosecution of crime. | | |
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| Information falling within any of the categories 1-7 of Rule 11.5 above are not exempt by virtue of that paragraph if it relates to proposed development for which the local planning authority can grant itself planning permission under Regulation 3 of the Town and Country Planning General Regulations 1992. | | Information falling within any of the categories 1-7 of paragraph 5 above are not exempt by virtue of that paragraph if it relates to proposed development for which the local planning authority can grant itself planning permission under Regulation 3 of the Town and Country Planning General Regulations 1992. |
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| . Under Reg 4(2) of the Local Authorities (Executive Arrangements) (Meetings and Access to Information) (England) Regulations 2012, members of the public can be excluded from a meeting in order to maintain orderly conduct or to prevent misbehaviour at a meeting. | | . Under Reg 4(2) of the Local Authorities (Executive Arrangements) (Meetings and Access to Information) (England) Regulations 2012, members of the public can be excluded from a meeting in order to maintain orderly conduct or to prevent misbehaviour at a meeting. |
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| Section 10.12: Exclusion of access by the public to reports | | Section 10.12: Exclusion of access by the public to reports |
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| If the Monitoring Officer thinks fit, the Council may exclude access by the public to reports which in their opinion relate to items during which, in accordance with Rule 11, the meeting or those part or parts of the meeting is likely not to be open to the public. Such reports will be marked “Not for publication” together with the category of information likely to be disclosed (see Rule 11.5 above for the categories). | | If the Monitoring Officer thinks fit, the Council may exclude access by the public to reports which in their opinion relate to items during which, in accordance with Section 10.11 , the meeting or those part or parts of the meeting is likely not to be open to the public. Such reports will be marked “Not for publication” together with the category of information likely to be disclosed (see Section 10.11, paragraph 5 above for the categories). |
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| Section 10.13: Application of rules to the Executive | | Section 10.13: Application of rules to the Executive |
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| Rules 14-25 apply to the Executive and its Committees (and which term includes Sub-Committees and other decision making meetings). If the Executive or one of its Committees meets to take a key decision or meets in public then it must also comply with Rules 1-11 unless Rule 18 (urgency - general exception) or Rule 19 (urgency - special urgency) apply. A key decision is defined in [ ] of this Constitution. | | Rules 14-25 apply to the Executive and its Committees (and which term includes Sub-Committees and other decision making meetings). If the Executive or one of its Committees meets to take a key decision or meets in public then it must also comply with Rules 1-11 unless Rule 18 (urgency - general exception) or Rule 19 (urgency - special urgency) apply. A key decision is defined in [ ] of this Constitution. |
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| If the Executive or one of its Committees meets to discuss a key decision to be taken collectively, with an officer other than a political assistant present, within twenty-eight days of the date by which it is to be decided, then it must also comply with Rules 1-11 unless Rule 18 (urgency - general exception) or Rule 19 (urgency - special urgency) apply. This requirement does not include meetings whose sole purpose is for officers to brief Members. | | If the Executive or one of its Committees meets to discuss a key decision to be taken collectively, with an officer other than a political assistant present, within twenty-eight days of the date by which it is to be decided, then it must also comply with Rules 1-11 unless Rule 18 (urgency - general exception) or Rule 19 (urgency - special urgency) apply. This requirement does not include meetings whose sole purpose is for officers to brief Members. |
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| Section 10.14: Procedure Before Taking Key Decisions | | Section 10.14: Procedure Before Taking Key Decisions |
| n | | n | Subject to Section 10.23 (Urgency general exception) and Section 10.24 (Urgency special urgency) , a key decision shall not be taken unless: |
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| Subject to Rule 18 (urgency - general exception) and Rule 19 (urgency - special urgency), a key decision shall not be taken unless: | | |
| a notice has been published in connection with the matter in question at both the offices of the Council and on the Council’s website; | | |
| at least twenty-eight days have elapsed since the notice has been published; and | | |
| where the decision is to be taken at a meeting of the Executive or a Committee of the Executive, notice of the meeting has been given in accordance with Rule 4 (notice of meeting). | | |
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| Section 10.15: Notice of Key Decisions | | Section 10.15: Notice of Key Decisions |
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| A notice shall be published under Rule 14 in respect of any matter which the Mayor has reason to believe will be the subject of a key decision to be taken by the Mayor, the Executive, a Committee of the Executive, an individual member of the Executive, an officer or under joint arrangements in the course of the discharge of an executive function. | | A notice shall be published under Section 10.14 in respect of any matter which the Mayor has reason to believe will be the subject of a key decision to be taken by the Mayor, the Executive, a Committee of the Executive, an individual member of the Executive, an officer or under joint arrangements in the course of the discharge of an executive function. |
| | | In addition, a notice shall be published under Section 10.14 in respect of those items of business which the Executive intends to consider and which form part of the policy framework and where the Executive will be making recommendations to Council. |
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| In addition, a notice shall be published under Rule 14 in respect of those items of business which the Executive intends to consider and which form part of the policy framework and where the Executive will be making recommendations to Council. | | |
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| Section 10.16: Content of Key Decision Notices | | Section 10.16: Content of Key Decision Notices |
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| Each notice published under Rule 14 shall contain the below details as far as reasonably practicable: | | Each notice published under Section 10.14 shall contain the below details as far as reasonably practicable: |
| that a key decision is to be made on behalf of the Council;the matter in respect of which the decision is to be made; | | Where, in relation to any matter- then the document referred to in 16.1 must contain particulars of the matter but may not contain any confidential, exempt information or particulars of the advice of a political adviser or assistant. |
| where the decision maker is an individual, her/his name and title, if any; and, where the decision maker is a decision making body, its name and a list of its members; | | Section 10.17: KEY DECISION NOTICES – EXEMPT AND CONFIDENTIAL INFORMATION |
| the date on which or the period within which the decision is to be made; | | Nothing in these Rules (or the Local Authorities (Executive Arrangements) (Meetings and Access to Information) (England) Regulations 2012 (“the 2012 Regulations”)) is to be taken to authorise or require the disclosure of confidential information in breach of the obligation of confidence. |
| a list of the documents submitted to the decision maker for consideration in relation to the matter in respect of which the decision is to be made; | | Nothing in these Rules or the 2012 Regulations- |
| the address from which, subject to any prohibition or restriction on their disclosure, copies of, or extracts from, any document listed is available; | | Section 10.18: URGENCY - GENERAL EXCEPTION |
| that other documents relevant to those matters may be submitted to the decision maker; and | | If a matter which is likely to be a key decision is to be considered and the matter has not been published in advance in accordance with Section 10.14 then, subject to Section 10.24 (Urgency special urgency) , the decision may still be taken if: |
| the procedure for requesting details of those documents (if any) as they become available. | | Where such a decision is taken collectively, it must be taken in public unless it involves consideration of confidential or exempt information. |
| | | Section 10.19: URGENCY - SPECIAL URGENCY |
| | | If by virtue of the date on which a decision must be taken Section 10.23 (Urgency general exception) cannot be followed, then a decision can only be taken if the decision taker (or the Chair of the body making the decision) has obtained agreement from the following — that the taking of the decision cannot reasonably be deferred. |
| | | As soon as reasonably practicable after the Proper Officer has complied with the above they must make available a notice setting out the reasons why compliance with Section 10.14, paragraph 1 is impracticable and publish that notice on the Council’s website. |
| | | The Mayor will submit an annual report to Council on the executive decisions taken under this Rule in the preceding year. The report will include the number of decisions so taken and a summary of the matters in respect of which each decision was made. |
| | | Section 10.20: RIGHTS OF OVERVIEW AND SCRUTINY |
| | | If the Overview and Scrutiny Committee thinks that a key decision has been taken which was not: the Committee may require the Executive to submit a report to Council within such reasonable time as the Committee specifies. The power to require a report rests with the Committee, but is also delegated to the Chief Executive, who shall require such a report on behalf of the Committee when so requested in writing by: Alternatively the requirement may be raised by resolution passed at a meeting of the Overview and Scrutiny Committee. |
| Section 10.17: Meetings of the executive and its committees to be held in public | | Section 10.21: Meetings of the executive and its committees to be held in public |
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| Any meeting of the Executive or a Committee of the Executive shall be open to the public except to the extent that the public are excluded under Rule 21.2 | | Any meeting of the Executive or a Committee of the Executive shall be open to the public except to the extent that the public are excluded under paragraph 2 below |
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| The public must be excluded from a meeting during an item of business whenever— | | The public must be excluded from a meeting during an item of business whenever— |
| | | A resolution under paragraph 2, point 2 above must–— |
| | | The public may only be excluded under sub-paragraph (a) or (b) of paragraph 2 above for the part or parts of the meeting during which it is likely that confidential information or exempt information would be disclosed. |
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| A resolution under Rule 21.2 (b) must–— | | |
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| The public may only be excluded under sub-paragraph (a) or (b) of Rule 21.2 for the part or parts of the meeting during which it is likely that confidential information or exempt information would be disclosed. | | |
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| Without prejudice to any power of exclusion to suppress or prevent disorderly conduct or other misbehaviour at a meeting, the Executive and its Committees do not have the power to exclude members of the public from a meeting while it is open to the public. | | Without prejudice to any power of exclusion to suppress or prevent disorderly conduct or other misbehaviour at a meeting, the Executive and its Committees do not have the power to exclude members of the public from a meeting while it is open to the public. |
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| While a meeting of the Executive or one of its Committees is open to the public, any person attending the meeting for the purpose of reporting the proceedings is, so far as practicable, to be afforded reasonable facilities for taking their report. | | While a meeting of the Executive or one of its Committees is open to the public, any person attending the meeting for the purpose of reporting the proceedings is, so far as practicable, to be afforded reasonable facilities for taking their report. |
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| The Council must ensure that members of the public are aware that a meeting is to be broadcast where the council or a person attending the meeting for the purpose of reporting proceedings intends to use facilities to record or broadcast the proceedings. | | The Council must ensure that members of the public are aware that a meeting is to be broadcast where the council or a person attending the meeting for the purpose of reporting proceedings intends to use facilities to record or broadcast the proceedings. |
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| Any decision made by the Executive or one of its Committees to hold a meeting in private is a prescribed decision for the purpose of section 9GA(5) of the Local Government Act 2000 (regulations requiring prescribed information about prescribed decisions). | | Any decision made by the Executive or one of its Committees to hold a meeting in private is a prescribed decision for the purpose of section 9GA(5) of the Local Government Act 2000 (regulations requiring prescribed information about prescribed decisions). |
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| At least twenty-eight clear days before a private meeting of the Executive of one of its committees, the Executive must— | | At least twenty-eight clear days before a private meeting of the Executive of one of its committees, the Executive must— |
| | | A notice under paragraph 9 above must include a statement of the reasons for the meeting to be held in private. |
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| A notice under Rule 21.9 must include a statement of the reasons for the meeting to be held in private. | | |
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| At least five clear days before a private meeting of the Executive or one of its committees, the Executive must— | | At least five clear days before a private meeting of the Executive or one of its committees, the Executive must— |
| | | A notice under paragraph 11 above must include— |
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| A notice under Rule 21.11 must include— | | |
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| Where the date by which a meeting must be held makes compliance with Rules 21.9 to 21.12 impracticable, the meeting may only be held in private where the decision-making body has obtained agreement from the following that the meeting is urgent and cannot reasonably be deferred — | | Where the date by which a meeting must be held makes compliance with paragraphs 9 to 12 above impracticable, the meeting may only be held in private where the decision-making body has obtained agreement from the following— that the meeting is urgent and cannot reasonably be deferred. |
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| As soon as reasonably practicable after the decision-making body has obtained agreement under Rule 21.13 to hold a private meeting, it must— | | As soon as reasonably practicable after the decision-making body has obtained agreement under paragraph 13 above to hold a private meeting, it must— |
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| The Executive or one of its Committees may meet in private if it meets with officers for the purposes only of briefing. | | The Executive or one of its Committees may meet in private if it meets with officers for the purposes only of briefing. |
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| The Head of Paid Service, the Chief Finance Officer and the Monitoring Officer, and their nominees are entitled to attend any meeting of the Executive and its Committees. The Executive may not meet unless the Chief Executive has been given reasonable notice that a meeting is to take place. A meeting of the Executive may not meet to take any decisions unless the Head of Paid Service, the Chief Finance Officer or the Monitoring Officer or their nominee are present or have waived their entitlement to attend. The meeting may only take a decision if there is an officer present with responsibility for recording and publishing the decision. | | The Head of Paid Service, the Chief Finance Officer and the Monitoring Officer, and their nominees are entitled to attend any meeting of the Executive and its Committees. The Executive may not meet unless the Chief Executive has been given reasonable notice that a meeting is to take place. A meeting of the Executive may not meet to take any decisions unless the Head of Paid Service, the Chief Finance Officer or the Monitoring Officer or their nominee are present or have waived their entitlement to attend. The meeting may only take a decision if there is an officer present with responsibility for recording and publishing the decision. |
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| Section 10.18: Record of Decisions | | Section 10.22: Record of Decisions |
| | | Subsection 10.22.1: Executive Decisions made at Meetings |
| | | Subsection 10.22.2: Executive Decisions made by Individual Members of the Executive |
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| As soon as is reasonably practicable after a meeting of a decision-making body at which an executive decision has been made, whether held in public or private, the Monitoring Officer or nominated officer shall ensure that a written statement is produced in respect of every executive decision made at that meeting including: | | |
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| Decisions taken at a meeting may only be taken on the basis of a written report, setting out key legal, financial, service and corporate implications and may not be taken unless the Monitoring Officer or their nominee is present. | | |
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| All decisions taken individually by Members of the Executive must be based on written reports setting out key legal, financial, service and corporate implications and may not be taken unless the Monitoring Officer (or an officer nominated by them) has agreed the report. | | |
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| When an officer prepares a report which is to be given to an individual Member for decision, they must first give a copy of that report to the Monitoring Officer (or an officer nominated by them). | | |
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| The Monitoring Officer will publish the report to the Overview and Scrutiny Committee, the Chief Executive and the Chief Finance Officer. The report will be made publicly available as soon as reasonably practicable. | | |
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| Individual decisions by Members of the Executive can only be taken in the presence of an officer. | | |
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| Subject to Rules 18 and 19, the individual decision maker may not make any key decision until notice of the decision has been available for public inspection for at least twenty-eight days before the decision is made. | | |
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| As soon as is reasonably practicable after an individual Member has made an executive decision they shall produce, or cause to be produced, a written statement including: | | |
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| A copy of the written statement setting out the decision must be sent to the Monitoring Officer. All decisions of the Executive must be published on the Council’s website and will be subject to call in as set out in Part G Section xxx of this Constitution. | | |
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| Nothing in these rules relating to the taking of decision by individual Members shall require them to disclose confidential or exempt information or the advice of a political adviser or assistant. | | |
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| Section 10.19: Decisions made by Officers | | Section 10.23: Decisions made by Officers |
| | | Subsection 10.23.1: Key Decisions |
| | | Subsection 10.23.2: Other Executive Decisions (Non-Key Decisions) |
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| Where officers are taking delegated key decisions, they must follow the procedure set out above for decisions taken by Individual Members of the Executive. This includes ensuring the decision is taken on the basis of a written report setting out key legal, financial and corporate implications. | | |
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| Any officer decisions taken in accordance with Rule 23.1 will be subject to call-in as set out in Part G of this Constitution. | | |
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| As soon as is reasonably practicable after an officer has made a non-key decision delegated to the officer by a specific decision of the Executive, or another decision which incurs expenditure or savings over the threshold specified in Part C Section 7 (currently £250k) the officer must produce a written statement including: | | |
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| Non-key decisions taken by officers are not subject to call in. | | |
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| Nothing in these rules relating to the taking of a decision by individual officers shall require them to disclose confidential or exempt information or the advice of a political adviser or assistant. | | |
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| Rule 23 must be read in conjunction with the Recording of Officers’ decisions at [currently Part C section 7 of this Constitution]. | | |
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| Section 10.20: OVERVIEW AND SCRUTINY COMMITTEE ACCESS TO DOCUMENTS - AFTER A DECISION HAS BEEN MADE | | Section 10.24: OVERVIEW AND SCRUTINY COMMITTEE ACCESS TO DOCUMENTS - AFTER A DECISION HAS BEEN MADE |
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| Subject to Rule 24.2 below, any member of the Overview and Scrutiny Committee or of a Scrutiny Panel will be entitled to copies of any document which is in the possession or control of the Executive or any of its Committees, and contains material relating to: | | Subject to paragraph 2 below , any member of the Overview and Scrutiny Committee or of a Scrutiny Panel will be entitled to copies of any document which is in the possession or control of the Executive or any of its Committees, and contains material relating to: |
| | | Subsection 10.24.1: Limits on Rights |
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| Overview and Scrutiny Committee Members and Scrutiny Panel Members shall not be entitled to: | | |
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| Section 10.21: ADDITIONAL RIGHTS OF ACCESS FOR ALL MEMBERS | | Section 10.25: ADDITIONAL RIGHTS OF ACCESS FOR ALL MEMBERS |
| | | Subsection 10.25.1: Material Relating to Council and Committee Meetings |
| | | Subsection 10.25.2: Material Relating to Executive Meetings |
| | | Subsection 10.25.3: Material Relating to Key Decisions |
| | | Subsection 10.25.4: Nature of Rights |
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| All Members are entitled to inspect any document which is in the possession or under the control of the Council and contain material relating to any business to be transacted at a meeting of Council or its Committees or Sub Committees unless 25.1.1 below applies: | | |
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| . All Members are entitled to inspect any document which is in the possession or under the control of the Executive and contains material relating to any business to be transacted at a public meeting unless either 25.2.1 or 25.2.2 below applies: | | |
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| After the conclusion of a private meeting of the Executive at which an Executive decision has been made, all Members are entitled to inspect any document which is in the possession or under the control of the Executive and contain material relating to business transacted at the meeting in the terms set out at 25.2 above. | | |
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| All Members are entitled to inspect any document which is in the possession or under the control of the Executive and contains material relating to any key decision in the terms set out at 25.2 above. | | |
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| These rights are additional to any rights of access to information a Member may have. | | |
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| Section 10.22: KEY DECISION NOTICES – EXEMPT AND CONFIDENTIAL INFORMATION | | |
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| Nothing in these Rules (or the Local Authorities (Executive Arrangements) (Meetings and Access to Information) (England) Regulations 2012 (“the 2012 Regulations”)) is to be taken to authorise or require the disclosure of confidential information in breach of the obligation of confidence. | | |
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| Nothing in these Rules or the 2012 Regulations- | | |
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| Section 10.23: URGENCY - GENERAL EXCEPTION | | |
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| If a matter which is likely to be a key decision is to be considered and the matter has not been published in advance in accordance with Rule 14 then, subject to Rule 19 (urgency - special urgency), the decision may still be taken if: | | |
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| Where such a decision is taken collectively, it must be taken in public unless it involves consideration of confidential or exempt information. | | |
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| Section 10.24: URGENCY - SPECIAL URGENCY | | |
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| If by virtue of the date on which a decision must be taken Rule 18 (urgency - general exception) cannot be followed, then a decision can only be taken if the decision taker (or the Chair of the body making the decision) has obtained agreement from the following that the taking of the decision cannot reasonably be deferred. | | |
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| As soon as reasonably practicable after the Proper Officer has complied with the above they must make available a notice setting out the reasons why compliance with rule 14.1 is impracticable and publish that notice on the Council’s website. | | |
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| The Mayor will submit an annual report to Council on the executive decisions taken under this Rule in the preceding year. The report will include the number of decisions so taken and a summary of the matters in respect of which each decision was made. | | |
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| Section 10.25: RIGHTS OF OVERVIEW AND SCRUTINY | | |
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| If the Overview and Scrutiny Committee thinks that a key decision has been taken which was not: | | |
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| (a) published in advance in accordance with Rule 14, or | | |
| (b) the subject of the urgency - general exception procedure (see Rule 18), or | | |
| (c) the subject of an agreement with the Chair of the Overview and Scrutiny Committee, or the Speaker under Rule 19; | | |
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| the Committee may require the Executive to submit a report to Council within such reasonable time as the Committee specifies. The power to require a report rests with the Committee, but is also delegated to the Chief Executive, who shall require such a report on behalf of the Committee when so requested in writing by: | | |
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| (a) the Chair of the Overview and Scrutiny Committee; or | | |
| (b) three (3) Members of the Overview and Scrutiny Committee. | | |
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| Alternatively the requirement may be raised by resolution passed at a meeting of the Overview and Scrutiny Committee. | | |
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| Decision Making | | Decision Making |
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| How Decisions are Made | | How Decisions are Made |
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| Section 11.1: Principles of Decision-Making | | Section 11.1: Principles of Decision-Making |
| n | | n | All decisions of the Council will be made in accordance with the following principles: |
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| All decisions of the Council will be made in accordance with the following principles: proportionality (i.e. the action must be proportionate to the desired outcome); due consultation and the taking of professional advice from officers; respect for human rights; a presumption in favour of openness; clarity of aims and desired outcomes; take account of all relevant matters; discount irrelevant matters; and explaining what options were considered and giving the reasons for the decision. | | |
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| Section 11.2: Responsibility for Decision-Making (Executive / Non-Executive) | | Section 11.2: Responsibility for Decision-Making (Executive / Non-Executive) |
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| The Council will issue and keep up to date a record of what part of the Council or individual has responsibility for particular types of decisions or decisions relating to particular areas or functions. This record is set out in Section 12 below. | | The Council will issue and keep up to date a record of what part of the Council or individual has responsibility for particular types of decisions or decisions relating to particular areas or functions. This record is set out in Chapter 13 below. |
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| The form of the Council’s Executive Arrangements is a ‘Mayor and Cabinet’ model as defined in section 9C of the Local Government Act 2000 (as amended). Therefore, decision-making at the Council is split into the following types: ‘Executive’ Including ‘Executive Key Decisions’ ‘Non-Executive’ functions. | | The form of the Council’s Executive Arrangements is a ‘Mayor and Cabinet’ model as defined in section 9C of the Local Government Act 2000 (as amended). Therefore, decision-making at the Council is split into the following types: ‘Executive’ Including ‘Executive Key Decisions’ ‘Non-Executive’ functions. |
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| Section 11.3: Executive and Non-Executive Examples | | Section 11.3: Executive and Non-Executive Examples |
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| [Insert picture] | | |
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| Section 11.4: Executive Decision Making | | Section 11.4: Executive Decision Making |
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| The Mayor is responsible for Executive decision-making and is therefore responsible for most day to day decisions. The Mayor can take these decisions at Cabinet, in a Cabinet Sub-Committee or the decisions can be delegated to officers. | | The Mayor is responsible for Executive decision-making and is therefore responsible for most day to day decisions. The Mayor can take these decisions at Cabinet, in a Cabinet Sub-Committee or the decisions can be delegated to officers. |
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| These decisions must be in line with the Council’s Budget and Policy Framework (XXX Link). If any of these decisions change the Framework then these must be referred to Council. | | These decisions must be in line with the Council’s Budget and Policy Framework . If any of these decisions change the Framework then these must be referred to Council. |
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| Section 11.5: Executive Key Decisions Definition | | Section 11.5: Executive Key Decisions Definition |
| n | | n | A “key decision” is an executive decision which is likely to: |
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| A “key decision” is an executive decision which is likely to: | | |
| result in the local authority incurring expenditure or the making of savings of: Savings - Where the proposal is expected to result in savings of above £1 Million Revenue expenditure - Where the proposal involves revenue expenditure of above £1 Million Capital expenditure - Where the proposal involves capital expenditure of above £5 Million | | |
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| be significant in terms of its effects on communities living or working in an area comprising two or more wards or electoral divisions. | | |
| • In considering whether a decision is likely to have a significant impact, the decision maker is to consider the strategic nature of the decision and whether the outcome will have a significant material impact, for better or worse, on the local amenity or wellbeing (including social and environmental impact) of the community or the quality of service provided to a significant number of people living or working in the locality affected. | | |
| • When officers consider the impact on the Community they will, for example, consider the effect on specific groups within that Ward (defined by other characteristics such as ‘age’, ‘culture’ etc) where those groups make up a significant proportion of that Ward’s population. | | |
| • In determining the meaning of “significant” for the purposes of these paragraphs, regard must be had to any guidance for the time being issued by the Secretary of State in accordance with section 9Q of the Local Government Act 2000. | | |
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| A decision to approve, update or amend a policy, strategy, plan, scheme (or similar) will only be a key decision if criterions (A) or (B) above would apply to the implementation of the document once approved, updated or amended. | | A decision to approve, update or amend a policy, strategy, plan, scheme (or similar) will only be a key decision if criterions (A) or (B) above would apply to the implementation of the document once approved, updated or amended. |
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| Documents listed in Section 7 under the Budget and Policy Framework, are non-executive decisions reserved to Full Council and therefore cannot be key decisions. However, they are required to be prepared and developed by Cabinet in accordance with the Budget and Policy Framework Procedure Rules at Part D section xxx. | | Documents listed in Chapter 18 under the Budget and Policy Framework, are non-executive decisions reserved to Full Council and therefore cannot be key decisions. However, they are required to be prepared and developed by Cabinet in accordance with the Budget and Policy Framework Procedure Rules at Part D, Chapter 19 . |
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| A decision or report in relation to preparation and development of an issue, for example to begin a public consultation exercise, will not normally be a key decision unless criterions (A) or (B) above would also apply to that specific action. Even if the final determination of that issue would result in a Key Decision. | | A decision or report in relation to preparation and development of an issue, for example to begin a public consultation exercise, will not normally be a key decision unless criterions (A) or (B) above would also apply to that specific action. Even if the final determination of that issue would result in a Key Decision. |
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| A decision not fulfilling the criteria at (A) or (B) above may follow the same process as a key decision if, in the professional opinion of the Chief Executive or the appropriate Corporate Director, it is a matter of particular political sensitivity. | | A decision not fulfilling the criteria at (A) or (B) above may follow the same process as a key decision if, in the professional opinion of the Chief Executive or the appropriate Corporate Director, it is a matter of particular political sensitivity. |
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| A decision which is the same or similar to one taken in the past (for example, the approval of a previous iteration of a plan or strategy), and does not fulfil criterions (A) or (B) above, is not a Key Decision even if the comparable previous decision was identified as a Key Decision. | | A decision which is the same or similar to one taken in the past (for example, the approval of a previous iteration of a plan or strategy), and does not fulfil criterions (A) or (B) above, is not a Key Decision even if the comparable previous decision was identified as a Key Decision. |
| | | Section 11.6: Taking Key Decisions |
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| A decision taker, when making a decision may only take a Key Decision in accordance with the requirements of the Executive Procedure Rules set out in Part F of the Constitution. | | A decision taker, when making a decision may only take a Key Decision in accordance with the requirements of the Executive Procedure Rules set out in Part F of the Constitution. |
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| When Key Decisions are to be made, notice of these decisions must be published in advance, in so far as they can be anticipated. If these Key Decisions are to be taken at an Executive meeting (for example Cabinet) this will generally be open for the public to attend, except for restricted agenda items which include, for example, personal, commercially sensitive or confidential matters. | | When Key Decisions are to be made, notice of these decisions must be published in advance, in so far as they can be anticipated. If these Key Decisions are to be taken at an Executive meeting (for example Cabinet) this will generally be open for the public to attend, except for restricted agenda items which include, for example, personal, commercially sensitive or confidential matters. |
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| The Health and Wellbeing Board is a statutory committee under the provisions of the Health and Social Care Act 2012 but does have certain executive functions and if this Board is making a Key decision then this will be published in advance. The meeting generally is open for the public to attend, except where restricted matters are being discussed in the same way as for other Executive meetings. | | The Health and Wellbeing Board is a statutory committee under the provisions of the Health and Social Care Act 2012 but does have certain executive functions and if this Board is making a Key decision then this will be published in advance. The meeting generally is open for the public to attend, except where restricted matters are being discussed in the same way as for other Executive meetings. |
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| n | | n | Part F (The Mayor and Executive) provides more detail of Executive Decision Making. |
| | | Section 11.7: Executive Decision Making by Officers |
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| Part F, Section xxx provides more detail of Executive Decision Making. | | |
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| The Supplementary Document (Part J) contains the Corporate Scheme of Delegation which must be read in conjunction with the Council-wide Operating Procedures and Directorate Schemes of Delegation also published in the Supplementary Documents Pack (Part J). | | The Supplementary Document ( Part J ) contains the Corporate Scheme of Delegation which must be read in conjunction with the Council-wide Operating Procedures and Directorate Schemes of Delegation also published in the Supplementary Documents Pack ( Part J ). |
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| These documents set out where Officers have delegated powers to take Executive Decisions. However, the following must always be followed in respect of officer decisions: | | These documents set out where Officers have delegated powers to take Executive Decisions. However, the following must always be followed in respect of officer decisions: |
| | | Section 11.8: Non-Executive Decision Making |
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| The Council has responsibility for all Non-Executive functions and for approving the Budget and Policy Framework. The Council, as a whole, retains responsibility for regulatory functions and has a role in holding the Executive to account. The exception is some licensing functions which are discharged through a statutory licensing committee. | | The Council has responsibility for all Non-Executive functions and for approving the Budget and Policy Framework. The Council, as a whole, retains responsibility for regulatory functions and has a role in holding the Executive to account. The exception is some licensing functions which are discharged through a statutory licensing committee. |
| | | Section 11.9: Decision-Making by Council |
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| Certain decisions, such as the overall Council Budget, Council tax and the policy framework are reserved to Council. Section 7 sets out more details of how Council operates. | | Certain decisions, such as the overall Council Budget, Council tax and the policy framework are reserved to Council. Part D, Chapter 15 sets out more details of how Council operates. |
| | | Section 11.10: Decision-Making by Other Committees and Sub-Committees Established by the Council |
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| Council has established a number of other Committees and Sub-Committees to undertaken specific decision-making functions. Section 10 provides more information about the Council’s Committees. | | Council has established a number of other Committees and Sub-Committees to undertaken specific decision-making functions. Part E, Chapter 20 provides more information about the Council’s Committees. |
| | | Section 11.11: Non-Executive Decision Making by Officers |
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| Section 12 of this part of the constitution sets out the Council’s Non-Executive Functions and any delegations to officers for those functions. Where decisions have been delegated to officers the following must be followed: | | Chapter 13 of this part of the constitution sets out the Council’s Non-Executive Functions and any delegations to officers for those functions. Where decisions have been delegated to officers the following must be followed: |
| | | Section 11.12: Decision-Making by the Overview and Scrutiny Committee and Scrutiny Panels |
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| The Council has established an Overview and Scrutiny Committee whose main responsibility is to review or scrutinise decisions made, or other action taken in connection with the discharge of any functions which are the responsibility of the Executive. | | The Council has established an Overview and Scrutiny Committee whose main responsibility is to review or scrutinise decisions made, or other action taken in connection with the discharge of any functions which are the responsibility of the Executive. |
| | | The Overview and Scrutiny Committee, and any Scrutiny Sub-Committees it appoints, will follow the Overview and Scrutiny Procedure Rules in Part G and relevant parts of the Committee Procedure Rules in Part E of this Constitution which apply to them when considering any matter. |
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| n | | n | Part G, Chapter 38 also sets out a summary about the Overview and Scrutiny Committee. |
| | | Section 11.13: Decision-Making by Council Bodies Acting as Tribunals |
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| The Overview and Scrutiny Committee, and any Scrutiny Sub-Committees it appoints, will follow the Overview and Scrutiny Procedure Rules and relevant parts of the Council Procedure Rules set out in Part D Section xxx of this Constitution which apply to them when considering any matter. | | |
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| Part G Section xxx also sets out a summary about the Overview and Scrutiny Committee. | | |
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| The Council, any Members, Committee, Sub-Committee, Panel or an officer acting as a tribunal, or in a quasi-judicial manner, or determining/considering (other than for the purposes of giving advice) the civil rights and obligations or the criminal responsibility of any person, will follow a proper procedure which accords with the requirements of natural justice and the right to a fair trial contained in Article 6 of the European Convention on Human Rights. | | The Council, any Members, Committee, Sub-Committee, Panel or an officer acting as a tribunal, or in a quasi-judicial manner, or determining/considering (other than for the purposes of giving advice) the civil rights and obligations or the criminal responsibility of any person, will follow a proper procedure which accords with the requirements of natural justice and the right to a fair trial contained in Article 6 of the European Convention on Human Rights. |
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| Council, Cabinet and Committee Structure Chart | | Council, Cabinet and Committee Structure Chart |
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| The chart below sets out the three elements of the Council's decision-making structure (Cabinet/Executive, Council/Non-Executive and the Scrutiny function). It sets out the main committees and sub-committees and the links between different functions. | | The chart below sets out the three elements of the Council's decision-making structure (Cabinet/Executive, Council/Non-Executive and the Scrutiny function). It sets out the main committees and sub-committees and the links between different functions. |
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| Detailed Responsibility for Functions List | | Detailed Responsibility for Council Functions List |
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| Section 13.1: Introduction | | Section 13.1: Introduction |
| n | | n | |
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| Local Authority Functions are split between Executive Functions which are the responsibility of the Mayor and Executive and then Non-Executive Functions which are the responsibility of Council and its Committees. | | Local Authority Functions are split between Executive Functions which are the responsibility of the Mayor and Executive and then Non-Executive Functions which are the responsibility of Council and its Committees. |
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| Most Council business is classified as ‘Executive’. Non-Executive functions derive from specific legislation and cannot be the responsibility of the Executive. The Council is required to set out where there are delegations of Council functions to Committees and officers. Where the delegation is to be exercised by a Committee/Officer, the matters reserved to the Committee are specified in the relevant Committee’s functions and terms of reference set out in Part E of this constitution. | | Most Council business is classified as ‘Executive’. Non-Executive functions derive from specific legislation and cannot be the responsibility of the Executive. The Council is required to set out where there are delegations of Council functions to Committees and officers. Where the delegation is to be exercised by a Committee/Officer, the matters reserved to the Committee are specified in the relevant Committee’s functions and terms of reference set out in Part E of this constitution. |
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| These functions derive from specific legislation. When changes to legislation require it, the Monitoring Officer will update the Council Functions’ Section as necessary. | | These functions derive from specific legislation. When changes to legislation require it, the Monitoring Officer will update the Council Functions’ Section as necessary. |
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| Note that the tables only includes those functions applicable to a London Borough Council. Where two or more posts are listed either post can take the decision unless otherwise stated. | | Note that the tables only includes those functions applicable to a London Borough Council. Where two or more posts are listed either post can take the decision unless otherwise stated. |
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| Section 13.2: Table of Functions | | Section 13.2: Table of Functions |
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| Subsection 13.2.1: | | Subsection 13.2.1: |
| n | | n | 1. B - Licensing and Registration Functions |
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| 1. B - Licensing and Registration Functions | | |
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| n | | n | |
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| Detailed Local Choice Functions and Local Act Functions | | Detailed Local Choice Functions and Local Act Functions |
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| Section 14.1: Introduction | | Section 14.1: Introduction |
| n | | n | Local Authority Functions are split between Executive Functions which are the responsibility of the Mayor and Executive and then Non-Executive Functions which are the responsibility of Council and its Committees. |
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| Local Authority Functions are split between Executive Functions which are the responsibility of the Mayor and Executive and then Non-Executive Functions which are the responsibility of Council and its Committees. | | |
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| This Section includes functions which the Council can choose to set as Executive or Non-Executive Functions. The Council is required to set out where there are delegations of Council functions to Committees and officers. Where the delegation is to be exercised by a Committee/Officer, the matters reserved to the Committee are specified in the relevant Committee’s functions and terms of reference set out in Part E Section xxx of this constitution. | | This Section includes functions which the Council can choose to set as Executive or Non-Executive Functions. The Council is required to set out where there are delegations of Council functions to Committees and officers. Where the delegation is to be exercised by a Committee/Officer, the matters reserved to the Committee are specified in the relevant Committee’s functions and terms of reference set out in Part E of this constitution. |
| | | Any changes to whether these are Executive or Non-Executive functions must be agreed by Council. |
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| Any changes to whether these are Executive or Non-Executive functions must be agreed by Council. | | |
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| Section 14.2: Local Choice and Local Act Functions List | | Section 14.2: Local Choice and Local Act Functions List |
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| Section 14.3: Responsibility for Council Functions - Other Local Choice Functions List | | Section 14.3: Responsibility for Council Functions - Other Local Choice Functions List |
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| Council | | Council |
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| Council - an Introduction | | Council - an Introduction |
| n | | n | |
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| Section 15.1: Summary | | Section 15.1: Summary |
| n | | n | Council is a meeting consisting of all elected Councillors plus the elected Mayor. |
| | | Council is one of the most long-standing features of Local Government decision-making with a history stretching back to at least 1888. |
| | | The Council has responsibility for all Non-Executive functions and for certain statutory functions such as approving the budget and policy framework. Council as a whole also retains responsibility for regulatory functions. |
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| Council is a meeting consisting of all elected Councillors plus the elected Mayor. | | |
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| Council is one of the most long-standing features of Local Government decision-making with a history stretching back to at least 1888. | | |
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| The Council has responsibility for all Non-Executive functions and for certain statutory functions such as approving the budget and policy framework. Council as a whole also retains responsibility for regulatory functions. | | |
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| Section 15.2: Function of Council | | Section 15.2: Function of Council |
| n | | n | Only Council itself will exercise a number of functions such as appointing the Speaker of the Council, agreeing bylaws and determining Community Governance Reviews. The full list is set out in the Council Terms of Reference set out in Part D, Chapter 16 of this Constitution. |
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| Only Council itself will exercise a number of functions such as appointing the Speaker of the Council, agreeing bylaws and determining Community Governance Reviews. The full list is set out in the Council Terms of Reference in Section xxx of this part of the Constitution. | | |
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| Section 15.3: Council Meetings | | Section 15.3: Council Meetings |
| n | | n | There are four types of Council meetings: |
| | | They will be conducted in accordance with Chapter 17 (Council Procedure Rules) of this Part of the Constitution. |
| | | The Mayor and all Councillors may attend meetings of Council and may participate as set out in the Council Procedure Rules. |
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| There are four types of Council meetings: | | |
| The annual meeting; | | |
| The budget meeting; | | |
| Ordinary meetings, and | | |
| Extraordinary meetings. | | |
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| They will be conducted in accordance with the Council Procedure Rules in Section xxx of this part of the Constitution. | | |
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| The Mayor and all Councillors may attend meetings of Council and may participate as set out in the Council Procedure Rules. | | |
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| Section 15.4: Responsibility for Functions | | Section 15.4: Responsibility for Functions |
| n | | n | As part of this Constitution, the Council will maintain a document setting out the “Responsibilities for the Council’s functions” which are not the responsibility of the Executive. |
| | | The functions listed in the 'Responsibilities for the Council's functions' are those determined by legislation. If the legislation changes, the Monitoring Officer will change the Constitution in accordance with their delegated powers set out in the Supplementary Documents (Part J) . |
| | | Subject to Section 11.13 (Decision-Making by Council Bodies Acting as Tribunals) , the Council meeting will follow Chapter 17 (Council Procedure Rules) of this Part of the Constitution when considering any matter. |
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| As part of this Constitution, the Council will maintain a document setting out the “Responsibilities for the Council’s functions” which are not the responsibility of the Executive. | | |
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| Decisions relating to the functions listed in the “Responsibilities for the Council’s functions” document will be allocated by legislation, therefore, if the legislation changes, the Constitution will be changed by the Monitoring Officer in accordance with delegated powers set out in Supplementary Documents Pack (Part J). | | |
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| Subject to Section 3, Paragraph 27, the Council meeting will follow the Council Procedure Rules set out in Section xxx of this part of the Constitution when considering any matter. | | |
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| Section 15.5: Housing Land Transfers | | Section 15.5: Housing Land Transfers |
| n | | n | |
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| Housing Land Transfer means the approval or adoption of applications or a programme of applications (whether in draft form or not) for approval of a programme of disposal of 500 or more properties to a person for which a levy would be payable to the Secretary of State under the Leasehold Reform, Housing and Urban Development Act 1993 or to dispose of land used for residential purposes where approval is required under sections 32 or 43 of the Housing Act 1985. | | Housing Land Transfer means the approval or adoption of applications or a programme of applications (whether in draft form or not) for approval of a programme of disposal of 500 or more properties to a person for which a levy would be payable to the Secretary of State under the Leasehold Reform, Housing and Urban Development Act 1993 or to dispose of land used for residential purposes where approval is required under sections 32 or 43 of the Housing Act 1985. |
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| Council Terms of Reference | | Council Terms of Reference |
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| Section 16.1: Summary description | | Section 16.1: Summary description |
| n | | n | The Council is responsible for all Non-Executive functions (with the exception of certain licensing functions) and for approving the budget and policy framework. The Council is responsible for a range of functions that it alone may carry out. These are listed below. The Council also provides a forum for questioning and debate with the Executive including the consideration of petitions as set out in the Council Procedure Rules. |
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| The Council is responsible for all Non-Executive functions (with the exception of certain licensing functions) and for approving the budget and policy framework. | | |
| The Council is responsible for a range of functions that it alone may carry out. These are listed below. The Council also provides a forum for questioning and debate with the Executive including the consideration of petitions as set out in the Council Procedure Rules. | | |
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| Section 16.2: Membership | | Section 16.2: Membership |
| n | | n | All elected Members of the Authority and the Executive Mayor. |
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| All elected Members of the Authority and the Executive Mayor. | | |
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| Section 16.3: Functions | | Section 16.3: Functions |
| n | | n | Quorum: Twelve voting Members of Council Additional Information is contained in: |
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| Quorum: Twelve voting Members of Council | | |
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| Council Procedure Rules | | Council Procedure Rules |
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| Section 17.1: Annual Meeting of Council | | Section 17.1: Annual Meeting of Council |
| n | | n | At the Annual Meeting, the Council will: but this is without prejudice to the right of the Council at any time to establish or dissolve any non-Executive Committee or to review its size and terms of reference. |
| | | The Mayor will lead an `Annual State of Borough` debate to provide an opportunity for a discussion on policy matters and issues affecting the Council and the Borough; the following procedure shall apply: |
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| n | | n | In a year when there is an ordinary election of Councillors, the annual meeting will take place within 21 days of the retirement of the outgoing councillors. In any other year, the annual meeting will take place in March, April or May. The annual meeting will: |
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| Subsection 17.1.1: | | |
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| Section 17.2: Budget Meeting(s) | | Section 17.2: Budget Meeting(s) |
| n | | n | A meeting will take place on a date decided by Council or the Chief Executive. The purpose of this meeting will be to determine the Council’s budget and set the Council Tax for the following financial year. The Budget Meeting will be conducted in accordance with the provisions of this rule. |
| | | The order of business at the Budget Meeting will be as follows:- |
| | | Rules 10 and 11 of these Rules shall not apply to the Budget Meeting. |
| | | Motions proposing amendments to the proposals shall be submitted in writing to the Monitoring Officer by no later than 5.00 p.m. on the Friday before the Budget Meeting to enable the preparation of the advice of the Chief Finance Officer and any amendments shall be circulated to the Mayor and Councillors, with any officer comments, at least 24 hours, before the meeting. |
| | | Other than amendments notified in advance as above, any Member must state the reason for urgency for their amendment and in particular why the need for the amendment could not reasonably have been foreseen prior to the deadline for submission of amendments set out in Paragraph 2.4 above and, when introducing the topic, the Speaker will remind Members of this provision. Following the above statement, the advice of the Monitoring Officer, Section 151 Officer and Chief Executive must be sought should Council wish to debate any further substantial amendment without notice. |
| | | The Speaker will remind the Councillors at the start of the meeting of the importance, where possible, of all amendments being moved at the beginning of the debate or as soon as the need for the amendment is identified; and before moving to the ‘right of reply’ and voting stage of the meeting, the Speaker will give a final invitation for any further amendments. No new amendment may be proposed once the call for the vote has commenced. |
| Subsection 17.2.1: | | When moving the budget proposals of the Mayor and Executive, the Mayor and/or another Executive Councillor may speak for up to 10 minutes. |
| | | Once the proposals of the Executive have been moved and seconded the other Political Group Leaders (or their nominee) shall then be invited to speak for up to 5 minutes. The order of speaking shall be commensurate with the number of Councillors in each group from the Leader of the largest group to the Leader of the smallest group. Where groups are of equal size, the order of speaking shall be at the Speaker of the Council’s discretion. |
| | | During the course of their speeches Group Leaders (or their nominees) shall move any amendments they have notified prior to the deadline. |
| | | Once each Group Leader (or their nominee) has been invited to speak the Speaker of the Council shall invite any other Councillor who has notified an amendment prior to the deadline to speak for up to 3 minutes and during the course of their speech that Councillor shall move their amendment. |
| | | The Council will then debate the matters before it for consideration. The order of speakers shall be at the discretion of the Speaker of the Council. Subject to Rules 2.12 and 2.13 below, a Councillor may speak only once during the debate and in the course of their speech may address the proposals of the Executive and/or any amendment(s) that may be moved. All speeches shall be limited to a maximum of 3 minutes. |
| | | At the discretion of the Speaker of the Council a Group Leader (or their nominee) who has previously spoken in accordance with Rule 2.8 of these Procedure Rules may speak again during the general debate and any such further speech by a Group Leader (or their nominee) or any other Councillor shall be in accordance with the time limits and procedural requirements of Rule 13 of these Rules. |
| | | At the conclusion of the general debate the Mayor or on his behalf any other Executive Councillor who may have moved the proposals of the Executive may exercise a right of reply for up to 3 minutes. |
| | | The Council will then vote on any amendments that have been moved and seconded and not withdrawn, in the order in which they were moved. Each amendment shall be disposed of in turn and in its entirety. |
| | | Following the voting on all amendments Council shall make its determination. Pursuant to the Budget and Policy Framework Procedure Rules if the Council adopts the proposals of the Executive without amendment the decision shall become effective immediately. |
| | | If Council wishes to make any objection or amendment to the Executive’s proposals, it shall require the Mayor and Executive to re-consider in the light of those objections or amendments. |
| | | At the Budget Meeting Rules 12.1(k)(iii) (Motion without notice to suspend a Procedure Rule) and 24 (Suspension and amendment of Council Procedure Rules) of these Procedure Rules shall not apply. |
| Section 17.3: Ordinary Meetings | | Section 17.3: Ordinary Meetings |
| n | | n | Ordinary meetings of the Council will take place in accordance with the programme below: |
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| Subsection 17.3.1: | | |
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| Section 17.4: Extraordinary Meetings | | Section 17.4: Extraordinary Meetings |
| n | | n | Those listed below may request the Chief Executive to call extraordinary Council or Committee meetings in addition to ordinary meetings: (a) Council by resolution; (b) The Speaker; (c) The Monitoring Officer; or (d) Any 5 Councillors of Council if they have signed a requisition that has been presented to the Speaker of the Council and they have refused to call a meeting or has failed to call a meeting within 7 days of such. |
| | | When requested, the Monitoring Officer will, in consultation with the Chief Executive, call a meeting of the Council or Committee unless the Chief Executive is of the opinion that holding such a meeting would not be an efficient use of resources and the subject matter of the business can conveniently wait until the next Ordinary Meeting of the Council or Committee. |
| | | Only the business specified in the resolution, request or requisition which led to the calling of the Extraordinary Meeting can be conducted at this meeting. |
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| Subsection 17.4.1: | | |
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| Section 17.5: Time, Place, Postponement and Cancellations of Meetings | | Section 17.5: Time, Place, Postponement and Cancellations of Meetings |
| n | | n | All Council meetings will commence at 7.00pm and take place at the Town Hall unless the Speaker or the Chair of the relevant Committee/Sub-Committee decides otherwise. This will be in consultation with the Monitoring Officer. |
| | | The Monitoring Officer in consultation with the Chief Executive is authorised to either cancel or postpone a meeting of Council if it is deemed that there is insufficient business to transact or some other appropriate reason warranting its cancellation/ postponement. |
| | | The Monitoring Officer is authorised to vary the time, date and place of any meeting where there is good justification in consultation with the Chief Executive , the Speaker, the Mayor, Chair of the Committee/Sub-Committee and other Political Group Leaders as appropriate. |
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| Subsection 17.5.1: | | |
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| Section 17.6: Notice of and Summons to Meetings | | Section 17.6: Notice of and Summons to Meetings |
| n | | n | The Monitoring Officer will give notice to the public of the time and place of any meeting of Council in accordance with the Access to Information Procedure Rules set out in Part B, Chapter 10 of the Constitution. |
| | | At least 5 clear working days before a meeting not including the day the notice is given and the day of the meeting, the Monitoring Officer will send a summons to the Mayor and Councillors giving the date, time and place of the meeting, specify the business to be transacted, and will be accompanied by any available reports. If necessary, additional reports to the reports on the agenda will be permitted within the preceding five days to the meeting or at the meeting subject to the report setting out ‘reasons for urgency’. The Speaker must also agree to the submission of late reports. |
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| Subsection 17.6.1: | | |
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| Section 17.7: Chair of Meeting | | Section 17.7: Chair of Meeting |
| n | | n | Participation in a Cabinet, Committee, Panel or other formal meeting by a Councillor or other person who is not an appointed Councillor or substitute Councillor of the meeting shall be at the discretion of the person chairing the meeting. |
| | | The Chair of a meeting has the final say on the interpretation of these Procedure Rules for implementation at their meeting and their decision shall not be challenged at the meeting. |
| | | The Chair of a meeting also has the discretion to vary these rules where to do so would aid democratic participation and engagement unless this would contravene any legal requirement or the Council’s Codes or Protocols. |
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| Subsection 17.7.1: | | |
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| Section 17.8: Quorum | | Section 17.8: Quorum |
| n | | n | Subject to any specific quorum requirements set out in the terms of reference of a particular body, the quorum of a meeting will be one quarter of the whole number of Councillors or 3 voting Councillors, whichever is the greater. |
| | | Subject to any exceptions in Rule 25 , if a quorum is not reached at the scheduled start time for a meeting, the Chair/Vice-Chair shall have the discretion to extend the start time by up to 15 minutes. If a quorum is not achieved at the scheduled start time, or after any extension, the meeting will stand adjourned. |
| | | During any meeting if the Chair counts the number of Councillors present and declares there is not a quorum, then the meeting will adjourn immediately. Remaining business will be considered at a time, date and place fixed by the Speaker, Chair or Monitoring Officer. If a date is not fixed, the remaining business will be considered at the next ordinary meeting. |
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| Subsection 17.8.1: | | |
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| Section 17.9: Duration of Meeting | | Section 17.9: Duration of Meeting |
| n | | n | All Council Meetings will end after a period of 3 hours but an extension may be agreed by resolution to extend the meeting for an additional period of up to 30 minutes. |
| | | If the business of a Council meeting has not been concluded after it has convened for 3 hours or 3½ hours (if the extension in rule 9.1 is applied), when the Councillor speaking has concluded their speech, the Chair will draw the attention of the meeting to this rule. If a matter is being debated, the debate shall immediately be concluded as if the motion, ‘That the question be now put’ had been moved and carried. |
| | | Any matters, (other than motions on notice) on the agenda that have not been dealt with by the end of the meeting shall be deemed formally moved and seconded together with amendments notified in writing to the Monitoring Officer by noon on the day of the meeting. They will be put to the meeting without any further discussion. A recorded vote under rule 16.4 will be taken, if called for and the requirements of that rule are met, on matters dealt with under this guillotine. During the process in this rule the only other matters which may be raised are points of order. When all matters have been dealt with, the Chair will declare the meeting closed. Any motions on notice under Rule 12 not dealt with before the guillotine is applied shall be deemed to have been dropped with the exception of the motions for ‘Administration and Opposition Motion Debates’ which will be voted on along with any amendments received by noon on the day of the meeting. |
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| Subsection 17.9.1: | | |
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| Section 17.10: Questions by Councillors | | Section 17.10: Questions by Councillors |
| n | | n | A Councillor may ask the Mayor or the Chair of a Committee/Sub-Committee questions without notice about an item in a report of the Executive or of that Committee/Sub-Committee when it is being considered. |
| | | Subject to rule 10.4 , at an Ordinary meeting of Council a Councillor may ask the Speaker or the Mayor, a question about any matter in relation to which the Council has powers or duties or which affects the Borough. Questions can also be put to the Chair of any Committee/Sub-Committee in relation to any matters that is within the Committee/Sub-Committee’s remit. |
| | | Questions at an Extraordinary Council meeting must relate to a matter on that agenda only. |
| | | Questions relating to Executive functions and decisions taken by the Mayor/Cabinet will be put to and should be answered by the Mayor/Lead Member for the function. In the absence of the Mayor, the Deputy Mayor will answer questions directed to the Mayor. The Mayor should answer any questions cutting across two or more portfolios. |
| | | A Councillor may only ask a question under Rule 10.2 above if either: (a) notice in writing of the question has been given by noon at least 9 clear working days before the meeting not including the day that notice is given and the day of the meeting to the Monitoring Officer; or (b) the question relates to an urgent matter; they have the consent of the Councillor to whom the question is to be put; and the content of the question is given to The Monitoring Officer by noon on the day of the meeting; or (c) at an Extraordinary Council meeting notice in writing has been given by noon at least 2 clear working days before the meeting to The Monitoring Officer. |
| | | The Monitoring Officer may reject a question if it: (a) is not about a matter for which the local authority has a responsibility or which affects the Borough; (b) is defamatory, frivolous or offensive; is substantially the same as a question which has been put at a meeting of Council in the past 6 months; (c) requires the disclosure of confidential or exempt information; and/or (d) seeks to pursue or further a complaint against the Council, where other channels already exist for the determination of complaints. |
| Subsection 17.10.1: | | If a question is rejected, the Councillor who submitted it will be notified in writing before the meeting and given an explanation for the rejection. |
| | | An answer may take the form of: (a) a verbal response of up to 1 minute given at the meeting; or (b) if a verbal response is not possible (for example because there is no time at the meeting) a written answer circulated to the questioner; or (c) where the desired information is in a publication of the Council or other published work, a reference to that publication; |
| | | A Councillor asking a question under Rule 10.2 may ask one supplementary question without notice, but the supplementary question must arise directly out of the original question or reply. The Speaker may reject a supplementary question on any of the grounds in Rule 10.6 above or if the question takes the form of a speech. |
| | | The provisions of 10.2 above also apply to questions about the business of a joint authority of which the Council is a partner or questions about the activities of a company or external organisation to which the Council nominates and in these cases the question is put to the Councillor who has been appointed as the Council's representative. |
| | | Questions are limited to 1 per Councillor per meeting, plus 1 supplementary question unless the Councillor has indicated that only a written reply is required and in these circumstances a supplementary question is not permitted. A question that requires an answer in respect of 2 or more points (a multi-question) is not deemed to be 1 question. |
| | | Written responses will be published after the meeting. Where a question is put at the meeting, a time limit of 1 minute shall be applied to the question and to the oral response. Supplementary questions and responses will also be time-limited to 1 minute each. |
| | | Subject to time available at the Meeting, there will be a maximum time-limit of 30 minutes on Councillors ' questions with no extension of time, and questions not dealt with in this time will be dealt with by written responses and which are to be provided within 28 days of the Meeting. Unless the Speaker decides otherwise, the order of Councillors’ questions shall alternate between the administration and one of the other Political Groups, with the questions from other Political Groups drawn in turn, starting with the largest Group. The Speaker shall have discretion, within the 30 minutes allocated for Questions, to vary the printed order of questions to allow an ‘ungrouped’ Councillor to put their question or to ensure that at least one Councillor from each Political Group has the opportunity to put a question. |
| | | Councillors will confine their contributions to questions and answers and must not make statements or attempt to debate. The Speaker will decide whether a Councillor is contravening this rule and if so will stop the Councillor concerned and move on to the next question if necessary. The Speaker’s ruling is final. |
| Section 17.11: Motions - On Notice | | Section 17.11: Motions - On Notice |
| n | | n | Except for motions which can be moved without notice under Rules 12 and 14, written notice of every motion, signed by the Member of Council proposing the motion and a seconder, must be delivered to the Monitoring Officer no later than noon nine clear working days before the meeting not including the day of delivery of the notice and the day of the meeting. The notice shall specify the Council meeting for which it is submitted. For any meeting, no Member of Council may propose more than one motion by way of written notice. A Member may second as many motions as they so wish. |
| | | A Member of Council who wishes to move the suspension of this Rule to enable a motion to be debated where prior notice has not been given as above must provide a copy of the proposed motion to the Monitoring Officer at least 24 hours before the meeting. They must also state the reason for urgency before the proposal to suspend this Rule is put to the meeting. If the Speaker does not accept the reason for urgency then the Motion will not be accepted. |
| | | Ungrouped Councillors may submit a motion under paragraph 11.1 without a named seconder. |
| | | Motions will be included on the agenda in order with the Administration Motion for debate first, followed by the Opposition Motion for debate. Any remaining motions shall be placed on the agenda to alternate between the administration and the other Political Groups, with the Opposition Group motions starting with the largest Political Group not to have that meeting’s Opposition Motion Debate slot. It is for the Mayor/Administration Leader to select the Administration Motion for Debate. It is for the Leader of the relevant Opposition Group to select the Opposition Motion for debate. |
| | | A motion must be about a matter for which the Council has a responsibility or which affect the area. The Monitoring Officer may reject a motion if it: (a) is not about a matter for which the local authority has a responsibility either directly or with its partners; (b) does not contain a clear action or resolution which is within the power of the Authority to pursue; (c) is defamatory, frivolous or offensive or otherwise unsuitable; (d) is substantially the same as a motion which has been put at a meeting of the Council in the past 6 months and does not meet the requirements of Rule 13.2 ; (e) requires the disclosure of confidential or exempt information or a case which is currently under judicial scrutiny; and/or (f) seeks to pursue or further a complaint against the Council, where other channels already exist for the determination of complaints; (g) is not clear or to the point or includes repetition or does not have a clear recommendation. |
| | | If a motion is rejected the person who submitted it will be notified in writing before the meeting and given the reasons for the rejection. The Speaker of the Council may also, on the advice of the Chief Executive, refuse any motion which contravenes these requirements. |
| Subsection 17.11.1: | | At each ordinary meeting of Council there will be specific time set aside for one Administration and one Opposition Motion debate. The following rules will apply: (a) The debates will be on the first administration and opposition motions set out in the Motions report included in the agenda; (b) Motions tabled without notice may not take the place of either of these motions; (c) Notice in writing of any amendment must be given to the Monitoring Officer by noon the day before the meeting; (d) The opposition motion debate will alternate in sequence between the opposition groups starting at the first ordinary meeting following the local elections with the largest opposition group and then going in sequence until the next local elections. Should there be changes to the number of political groups this sequence will be adjusted as necessary; (e) Both the administration and opposition motion debates will be for a maximum of 30 minutes each. (f) Standard procedures for a motion debate will apply to the debate itself (including on length of speeches and tabling amendments). (g) If the guillotine falls during or before the debate the motions and any amendments already tabled will be voted on along with any other amendments received by noon on the day before the meeting. |
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| Section 17.12: Motions and Amendments - without notice | | Section 17.12: Motions and Amendments - without notice |
| n | | n | Subject to Rule 11.2 the following motions and amendments may be moved without notice provided they do not contravene the requirements of Rule 11.5 above. Once such a motion or amendment has been moved, seconded and has been accepted by the Speaker it shall unless the Speaker decides otherwise be put and voted on without debate:- (a) to appoint a Chair of the meeting at which the motion is moved; (b) in relation to the accuracy of the Minutes; (c) to change the order of business in the Agenda in circumstances where the Speaker is satisfied that there are exceptional circumstances to permit such change. In addition, the Councillor seeking to change the order must address such exceptional circumstances; (d) to refer something to an appropriate body or individual; (e) to appoint a Committee or Councillor arising from an item on the summons for the meeting; (f) to receive reports and recommendations of Committees or officers and to make any decisions necessarily arising; (g) to withdraw a motion; (h) to amend a motion; (i) to proceed to the next business; (j) that the question be now put; (k) to adjourn a debate; (l) to adjourn a meeting; (m) to extend the meeting under Rule 9 : (n) to suspend a Procedure Rule to which Rule 24 applies; (o) to exclude the public in accordance with the Access to Information Procedure Rules; (p) not to hear a Councillor further because of misconduct (as set out in rule 22.2 ); (q) to require a Councillor to leave the meeting for continued improper behaviour (as set out in rule 22.3 ); (r) to give the consent of Council where its consent is required by this Constitution; and (s) To request a recorded vote in line with Procedure Rule 16 . |
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| Subsection 17.12.1: | | |
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| Section 17.13: Rules of Debate | | Section 17.13: Rules of Debate |
| n | | n | Except for Motions submitted through Rule 11.3 , no speeches may be made after the mover has moved a proposal and explained the purpose of it until the motion has been seconded. |
| | | Unless notice of the motion has already been given in writing, the Speaker shall require any motion or amendment to a motion to be presented with enough copies for circulation to all Councillors. The Speaker can request the motion be handed to her/him so that it can be read out to Members of Council before it is discussed. |
| | | When seconding a motion or amendment, a Member of Council may reserve their speech until later in the debate. |
| | | No speech may exceed 3 minutes without the consent of the Speaker except for the proposer of any motion who shall be allowed up to 4 minutes. |
| | | Subject to these procedure rules, the order of speakers shall be determined by the Speaker. The Member of Council who wishes to speak shall indicate and shall wait until called by the Speaker. In determining the order of speakers the Speaker may take into consideration whether previous speakers have supported or opposed the motion under debate; the particular concerns of any ward councillors; and/or any notification by a political group of Members of Council of their group who wish to speak on the matter. |
| | | An amendment to a motion must be relevant to the motion and may:- (a) refer the motion to an appropriate body or individual for consideration or re-consideration; (b) leave out words; (c) leave out words and insert or add others; and/or (d) insert or add words; as long as the effect is not to completely re-write or negate the motion. |
| Subsection 17.13.1: | | If an amendment is carried, the motion as amended takes the place of the original motion. This becomes the substantive motion to which any further amendments are moved. |
| | | After an amendment has been carried, the Speaker may choose to read out the amended motion before putting it to the vote. |
| | | A Member of Council may alter a motion of which they have given notice with the consent of the meeting. The meeting’s consent will be signified without discussion. This amendment can be at the suggestion of another Member of Council at the meeting and is often referred to as a ‘friendly amendment’. |
| | | A Member of Council may alter a motion which they have moved without notice with the consent of both the meeting and the seconder. The meeting’s consent will be signified without discussion. |
| | | Only alterations which could be made as an amendment may be made under this rule. |
| | | A Member of Council may withdraw a motion or amendment before or after they have moved it with the consent of both the meeting and the seconder. Consent will be signified without discussion. No Member of Council may speak on the motion after the mover has asked permission to withdraw it unless permission is refused. |
| | | The mover of a motion has a right to reply at the close of the debate on the motion, immediately before it is put to the vote. |
| | | If an amendment is moved, the mover of the original motion also has a right of reply at the close of debate on the amendment, but may not otherwise speak on the amendment. |
| | | Where there is a debate on a report at Council. The Member who introduces the report shall have a right of reply in the same manner as if a motion was being debated. |
| Section 17.14: Procedural Motions | | Section 17.14: Procedural Motions |
| n | | n | When a motion is under debate, no other motion may be moved except the following: (a) to withdraw the motion; (b) to amend the motion; (c) to proceed to the next business; (d) that the question be now put; (e) to adjourn a debate; (f) to adjourn a meeting; (g) that the meeting continue for a further 30 minutes; (h) to exclude the press and public; (i) that a Member of Council be not further heard or to exclude the Member of Council from the meeting; and (j) To request a recorded vote in line with Procedure Rule 16 . |
| | | At the end of a speech by another Member of Council, a Member of Council may move without comment the following motions: 1. to proceed to next business; 2. that the question be now put; 3. to adjourn a debate; or 4. to adjourn a meeting. |
| | | If a motion to proceed to next business is seconded and the Speaker thinks the item under discussion has been sufficiently discussed, they will give the mover of the original motion a right of reply and then put the procedural motion to the vote. |
| | | If a motion that the question be now put is seconded and the Speaker thinks the item has been sufficiently discussed, they will put the procedural motion to the vote. If it is passed, they will give the mover of the original motion a right of reply before putting her/his motion to the vote. |
| | | If the Speaker considers that the item has not been sufficiently discussed and cannot reasonably be discussed on that occasion, they will adjourn the debate or adjourn the meeting without giving the mover of the original motion the right of reply. |
| | | A Member of Council may raise a point of order at any time and the Speaker will hear them immediately. A point of order may only relate to the alleged breach of these Council Procedure Rules or the law. The Member of Council must indicate the rule or law which must be specified at the outset and the way in which the Member of Council considers it has been broken. The ruling of the Speaker on the matter is final. |
| Subsection 17.14.1: | | A Member of Council may make a personal explanation at any time. A personal explanation may only relate to some material part of an earlier speech by the Member of Council which may appear to have been misunderstood in the present debate. The ruling of the Speaker on the admissibility of a personal explanation is final. |
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| Section 17.15: Previous Decisions and Motions | | Section 17.15: Previous Decisions and Motions |
| n | | n | A motion to rescind a decision arising from a motion moved and adopted at a Council meeting within the past 6 months cannot be moved unless the notice of motion is signed by at least twenty Members of Council. |
| | | A motion or amendment in similar terms to one which has been rejected at a Council meeting within the past six months cannot be moved unless notice of motion or amendment is given signed by at least twenty Members of Council. |
| | | Once a motion or amendment to which this Rule applies has been dealt with, no Member of Council can propose a similar motion or amendment within the next four months. |
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| Subsection 17.15.1: | | |
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| Section 17.16: Voting | | Section 17.16: Voting |
| n | | n | The Mayor and all Councillors are entitled to vote unless exempted. |
| | | Unless this Constitution (or the law) provides otherwise, any matter will be decided by simple majority of the Mayor and Councillors present. |
| | | If there are equal numbers of votes for and against, the Speaker will have a second or casting vote. There will be no restriction on how the Speaker chooses to exercise a casting vote. |
| | | Unless a recorded vote is demanded the Speaker will take the vote by a show of hands, or any other voting method that has been introduced. If there is no dissent this can be by simple affirmation of the meeting. A recorded vote must be requested before a vote is taken. |
| | | If 20 Members of Council present at the meeting request it before the vote has taken place the names for and against the motion or amendment or abstaining from voting will be taken down in writing and entered into the minutes. |
| | | In relation to any debate at a Budget Council Meeting on the authority’s budget and level of the Council Tax to be levied for each financial year, a recorded vote shall take place on any amendment that is put to the vote during that debate and on the substantive motion. Such votes to be undertaken in accordance with Procedure Rule 16.4 . |
| Subsection 17.16.1: | | Where any Members of Council requests it immediately after a vote, their vote will be so recorded in the minutes to show whether they voted for or against the motion or abstained from voting. |
| | | If more nominations are made than there are positions available, the meeting will vote in turn on each nomination separately, in the order in which they were nominated, until the vacant position(s) are filled. Before any vote is taken the Speaker of the Council or person presiding shall establish that each candidate nominated, if present, is willing to stand. |
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| Section 17.17: Petitions | | Section 17.17: Petitions |
| n | | n | The Council has adopted a Petition Scheme which is included in the Constitution. All petitions are considered in accordance with that Scheme. |
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| Subsection 17.17.1: | | |
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| Section 17.18: Standards Advisory Committee Reports | | Section 17.18: Standards Advisory Committee Reports |
| n | | n | The Chair of the Standards Advisory Committee and the Independent Person shall both be entitled to address Council on any report referred to them by the Standards Advisory Committee. |
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| Subsection 17.18.1: | | |
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| Section 17.19: Exclusion of the Public | | Section 17.19: Exclusion of the Public |
| n | | n | Members of the public and press may only be excluded either in accordance with the Access to Information Procedure Rules set out in Part B, Chapter 10 of this Constitution or Rule 22 (Disturbance by Public) . |
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| Subsection 17.19.1: | | |
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| Section 17.20: Councillors' Conduct | | Section 17.20: Councillors' Conduct |
| n | | n | When the Speaker of the Council stands during a debate any Councillor(s) then standing must sit down and the Council must be silent. |
| | | If a Councillor persistently disregards the ruling of the Speaker, or behaves inappropriately, offensively, or is deliberately obstructing business, the Councillor will be provided with a warning by the Speaker. If the Councillor continues to behave in any such manner, the Speaker, in consultation with the Chief Executive and the Monitoring Officer, has the authority to order the Councillor in question to leave the meeting. |
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| Subsection 17.20.1: | | |
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| Section 17.21: Disturbance by Public | | Section 17.21: Disturbance by Public |
| n | | n | If a member of the Public interrupts proceedings or is otherwise causing an annoyance, the Speaker of the Council will warn the person concerned and, if the interruption continues, will order the person to leave the Council Chamber. This includes behaviour during filming or otherwise recording the Meeting. |
| | | If there is a general disturbance in any part of the Council Chamber open to the public the Speaker of the Council shall order that part to be cleared. |
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| Subsection 17.21.1: | | |
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| Section 17.22: Filming and Recording | | Section 17.22: Filming and Recording |
| n | | n | Members of the press and public are permitted to film, audio record, take photographs or make use of social media (tweet/blog) at Council and Committee meetings provided that this does not disturb the business of the meeting. If a person wishes to film a particular meeting, please liaise with the Council Officer listed on the front of the Agenda prior to the start of the meeting so that the Speaker or Chair is aware and those attending the meeting can be made aware of any filming taking place. |
| | | Where a member of the press or public wish to film a meeting this must be done in accordance with the Filming Protocol set out in the Part B Chapter 8 of this Constitution. |
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| Subsection 17.22.1: | | |
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| Section 17.23: Webcasts, Virtual Meeting Attendance and Hybrid Committees | | Section 17.23: Webcasts, Virtual Meeting Attendance and Hybrid Committees |
| n | | n | The Council will webcast most of its Council and Committee meetings for publication via the Council’s webcast portal. Cameras will be focussed on those participating in the meeting but anyone present may be filmed. |
| | | Should a technical fault occur with the webcast, the meeting will proceed as usual and any recovered footage will be posted online after the meeting. |
| | | Regulations require that decision-making Members of the Council or Committee are physically present in the meeting location. Key officers must also attend in person. |
| | | Where technology is available other officers may attend remotely. Public/other participants are encouraged to attend in person but it is their choice and they can attend remotely should they so wish. However, technical problems are the responsibility of the participant and the meeting may have to proceed without their contribution if the connection fails. |
| | | Where a meeting suffers technical problems it is for the Chair, following consultation with officers, to determine where: + The meeting carry on without the impacted participants. + Some or all items be deferred. + An extraordinary meeting be arranged to consider deferred items or whether they should be considered at the next planned meeting. |
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| Subsection 17.23.1: | | |
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| Section 17.24: Suspension and amendment of Council Procedure Rules | | Section 17.24: Suspension and amendment of Council Procedure Rules |
| n | | n | Except where these rules provide otherwise, any of the Council Procedure Rules to which this Rule applies may be suspended for all or part of the business of a meeting at which suspension is moved by a motion. |
| | | Such a motion cannot be moved without notice unless at least ½ of the voting Councillors of the meeting are present. |
| | | This Rule applies to the Rules 10 to 13 and 17. |
| | | Section 17.25: SPECIFIC EXEMPTIONS APPLYING TO OTHER MEETINGS/COMMITTEES AND SUB-COMMITTEES |
| | | (a) The person presiding at a meeting of any Committee or Sub-Committee may exercise any power or duty of the Speaker of the Council in relation to the proceedings of that meeting. Where these rules apply to meetings of Committees and Sub-Committees, references to the Speaker of the Council also include the Chairs of Committees and Sub-Committees (b) Chairs of ‘Committees of Council’ will be elected the Council’s Annual Meeting. Should a post of Chair of Committee be vacant at any other time during the year it would be for Council to consider that election at its next available meeting. Should Council fail to do that then the Committee may appoint a Chair from amongst its own Members. Different rules apply to Sub-Committees, Boards and other meetings. (c) Rules 5 to 9, 13.1 to 13.3, 13.5, 13.6 and 16 to 24 apply to meetings of all Committees and Sub-Committees, except as specifically referred to below. (d) As well as allocating seats on Committees and Sub-Committees/Panels, the Council will allocate seats in the same manner for substitute Councillors. (e) For each Committee or Sub-Committee/Panel, the Council will appoint up to 3 substitute Councillors, nominated by each relevant Political Group. 159 (f) Substitute Councillors will have all the powers and duties of any ordinary Councillor of the Committee but will not be able to exercise any special powers or duties exercisable by the person they are substituting. (g) Substitute Councillors may attend meetings in that capacity only: (h) A substitute Councillor may only take the place of the ordinary Councillor for the whole of a meeting except where they are attending the Strategic Development Committee or Development Committee to consider a deferred item where they were at the previous meeting which considered that item and are there on that basis. |
| | | (a) After sitting for 3 hours, an extension may be agreed for up to a period of up to 1 hour so as to conclude the item/application under consideration, provided that the meeting does not extend beyond 11.30pm in any event. (b) Where any items on the agenda that have not been dealt with by the end of the meeting shall be dealt with either at a special meeting of the Committee/Sub-Committee convened to deal with those items or at the next normal meeting of the relevant Committee/Sub-Committee. |
| Subsection 17.24.1: | | (a) There are no substitutes permitted for the Licensing Committee. (b) In the case of a Licensing Committee/Sub-Committee meeting being inquorate after 15 minutes the legal adviser has the authority |
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| Budget and Policy Framework List | | Budget and Policy Framework List |
| n | | n | |
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| Section 18.1: Policy Framework | | Section 18.1: Policy Framework |
| n | | n | The policy framework means the following plans and strategies required to be approved by Council. The table below shows those plans and strategies that are required by statute or the Council to be included in its policy framework: With the exception of the Development Plan documents, any plans, strategies, policies or schemes which support a policy framework document will not also be part of the Budget and Policy Framework unless the principal document specifies that it is. |
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| The policy framework means the following plans and strategies required to be approved by Council. The table below shows those plans and strategies that are required by statute or the Council to be included in its policy framework: | | |
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| With the exception of the Development Plan documents, any plans, strategies, policies or schemes which support a policy framework document will not also be part of the Budget and Policy Framework unless the principal document specifies that it is. | | |
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| Section 18.2: Budget | | Section 18.2: Budget |
| n | | n | |
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| The budget includes the allocation of financial resources to different services and projects, proposed contingency funds, (including the recommended Council tax base), setting the council tax and decisions relating to the control of the Council’s borrowing requirement, the control of its capital expenditure and the setting of virement limits. | | The budget includes the allocation of financial resources to different services and projects, proposed contingency funds, (including the recommended Council tax base), setting the council tax and decisions relating to the control of the Council’s borrowing requirement, the control of its capital expenditure and the setting of virement limits. |
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| Section 18.3: Dispute Resolution | | Section 18.3: Dispute Resolution |
| n | | n | Specific procedures apply where Council does not agree to the Mayor’s proposals in respect of budget and policy framework reports. These are set out in the Budget and Policy Framework procedure rules below. |
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| Specific procedures apply where Council does not agree to the Mayor’s proposals in respect of budget and policy framework reports. These are set out in the Budget and Policy Framework procedure rules below. | | |
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| Budget and Policy Framework Procedure Rules | | Budget and Policy Framework Procedure Rules |
| n | | n | |
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| Section 19.1: Summary | | Section 19.1: Summary |
| n | | n | |
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| Only Council can agree the Authority’s budget for the year and the specified plans and strategies that are included in the Budget and Policy Framework. The Mayor and Executive will make proposals to Council in relation to the budget and those plans and strategies, for adoption by Council. If Council does not agree with those proposals of the Mayor/ Executive, a dispute resolution process as set out in section 2 below (but summarised here) applies:- | | Only Council can agree the Authority’s budget for the year and the specified plans and strategies that are included in the Budget and Policy Framework. The Mayor and Executive will make proposals to Council in relation to the budget and those plans and strategies, for adoption by Council. If Council does not agree with those proposals of the Mayor/ Executive, a dispute resolution process as set out in section 2 below (but summarised here) applies:- |
| | | Where Council wishes to amend the Executive’s proposals it may, by a majority vote, send the budget, plan or strategy back to the Executive, who must consider whether or not to make any amendments before re-submitting the item to Council. |
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| Where Council wishes to amend the Executive’s proposals it may, by a majority vote, send the budget, plan or strategy back to the Executive, who must consider whether or not to make any amendments before re-submitting the item to Council. | | |
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| When the item is re-submitted, if Council still wishes to amend the proposals, it can do so providing there are at least two-thirds of the Councillors present and voting at the meeting in favour of the amendment(s). Where a two-thirds majority in favour of Council’s amendment(s) is not achieved, then the Executive’s proposals stand agreed and shall be deemed to be adopted by the Authority. | | When the item is re-submitted, if Council still wishes to amend the proposals, it can do so providing there are at least two-thirds of the Councillors present and voting at the meeting in favour of the amendment(s). Where a two-thirds majority in favour of Council’s amendment(s) is not achieved, then the Executive’s proposals stand agreed and shall be deemed to be adopted by the Authority. |
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| Section 19.2: The Framework for Executive Decisions | | Section 19.2: The Framework for Executive Decisions |
| n | | n | Council will be responsible for the adoption of its budget and policy framework as set out in Chapter 18 . In relation to the budget and the plans and strategies listed in Chapter 18 :- |
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| Council will be responsible for the adoption of its budget and policy framework as set out in Section 28. In relation to the budget and the plans and strategies listed in Section 7:- | | |
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| Section 19.3: Process for Developing the Framework | | Section 19.3: Process for Developing the Framework |
| n | | n | The process by which the budget and policy framework shall be developed is: |
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| The process by which the budget and policy framework shall be developed is: | | |
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| Section 19.4: Decisions Outside the Budget or Policy Framework | | Section 19.4: Decisions Outside the Budget or Policy Framework |
| n | | n | |
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| Subject to the provisions of Rule 5 (virement) the Mayor, Executive, Committees of the Executive and any officers or joint arrangements may only take decisions which are in line with the budget and policy framework. If any of these bodies or persons wishes to make a decision which is contrary to the policy framework, or contrary to or not wholly in accordance with the budget approved by Council, then that decision may only be taken by Council, subject to Rule 4 below. | | Subject to the provisions of Section 19.6 (Virement) the Mayor, Executive, Committees of the Executive and any officers or joint arrangements may only take decisions which are in line with the budget and policy framework. If any of these bodies or persons wishes to make a decision which is contrary to the policy framework, or contrary to or not wholly in accordance with the budget approved by Council, then that decision may only be taken by Council, subject to Section 19.5 below. |
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| If the Mayor, Executive, a Committee of the Executive, any officer or joint arrangements want to make such a decision, they shall take advice from the Monitoring Officer and/or the Chief Finance Officer as to whether the decision they want to make would be contrary to the policy framework, or contrary to or not wholly in accordance with the budget. If the advice of either of those officers is that the decision would not be in line with the existing budget and/or policy framework, then the decision must be referred by that body or person to Council for decision, unless the decision is a matter of urgency, in which case the provisions in Rule 4 (urgent decisions outside the budget and policy framework) shall apply. | | If the Mayor, Executive, a Committee of the Executive, any officer or joint arrangements want to make such a decision, they shall take advice from the Monitoring Officer and/or the Chief Finance Officer as to whether the decision they want to make would be contrary to the policy framework, or contrary to or not wholly in accordance with the budget. If the advice of either of those officers is that the decision would not be in line with the existing budget and/or policy framework, then the decision must be referred by that body or person to Council for decision, unless the decision is a matter of urgency, in which case the provisions in Section 19.5 (Urgent Decisions Outside the Budget or Policy Framework) shall apply. |
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| Section 19.5: Urgent Decisions Outside the Budget or Policy Framework | | Section 19.5: Urgent Decisions Outside the Budget or Policy Framework |
| n | | n | |
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| The Mayor, Executive, a Committee of the Executive, an officer or joint arrangements may take a decision which is contrary to the Council’s policy framework or contrary to or not wholly in accordance with the budget approved by Council if the decision is a matter of urgency. However, the decision may only be taken: | | The Mayor, Executive, a Committee of the Executive, an officer or joint arrangements may take a decision which is contrary to the Council’s policy framework or contrary to or not wholly in accordance with the budget approved by Council if the decision is a matter of urgency. However, the decision may only be taken: |
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| The reasons why it is not practicable to convene a quorate meeting of Council and the Chair of the Overview and Scrutiny Committee’s consent to the decision being taken as a matter of urgency must be noted on the record of the decision. In the absence of the Chair of the Overview and Scrutiny Committee, the consent of the Speaker, and in the absence of both, the Deputy Speaker, will be sufficient. | | The reasons why it is not practicable to convene a quorate meeting of Council and the Chair of the Overview and Scrutiny Committee’s consent to the decision being taken as a matter of urgency must be noted on the record of the decision. In the absence of the Chair of the Overview and Scrutiny Committee, the consent of the Speaker, and in the absence of both, the Deputy Speaker, will be sufficient. |
| | | Following the decision, the decision taker will provide a full report to the next available Council meeting explaining the decision, the reasons for it and why the decision was treated as a matter of urgency. |
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| Following the decision, the decision taker will provide a full report to the next available Council meeting explaining the decision, the reasons for it and why the decision was treated as a matter of urgency. | | |
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| Section 19.6: Virement | | Section 19.6: Virement |
| n | | n | |
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| Steps taken by the Mayor, the Executive, a Committee of the Executive, an officer, or joint arrangements to implement Council policy shall not exceed the budgets allocated to each relevant budget head. However, such bodies or individuals shall be entitled to vire across budget heads within the limits laid down in the Financial Procedure Rules. Beyond those limits, approval to any virement across budget heads shall require the approval of the Council. | | Steps taken by the Mayor, the Executive, a Committee of the Executive, an officer, or joint arrangements to implement Council policy shall not exceed the budgets allocated to each relevant budget head. However, such bodies or individuals shall be entitled to vire across budget heads within the limits laid down in the Financial Procedure Rules. Beyond those limits, approval to any virement across budget heads shall require the approval of the Council. |
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| Section 19.7: In-Year Changes to Policy Framework | | Section 19.7: In-Year Changes to Budget and Policy Framework |
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| The responsibility for agreeing the budget and policy framework lies with Council, and decisions by the Mayor, the Executive, a Committee of the Executive, officers, or joint arrangements must be in line with it. No changes to any budget, plan or strategy which comprises part of the budget and policy framework may be made by those bodies or individuals except those changes: | | The responsibility for agreeing the budget and policy framework lies with Council, and decisions by the Mayor, the Executive, a Committee of the Executive, officers, or joint arrangements must be in line with it. No changes to any budget, plan or strategy which comprises part of the budget and policy framework may be made by those bodies or individuals except those changes: |
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| Section 19.8: Call-In of Decisions Outside the Budget or Policy Framework | | Section 19.8: Call-In of Decisions Outside the Budget or Policy Framework |
| n | | n | Where the Overview and Scrutiny Committee is of the opinion that an executive decision is, or if made would be, contrary to the policy framework, or contrary to or not wholly in accordance with Council’s budget, then it shall seek advice from the Monitoring Officer and/or Chief Finance Officer. |
| | | In respect of functions which are the responsibility of the Mayor or the Executive, the report of the Monitoring Officer and/or Chief Finance Officer shall be to the Mayor and Executive with a copy to every Member of the Council. Regardless of whether the decision is delegated or not, the Executive must meet within twenty-one days of receiving the report to decide what action to take in respect of the Monitoring Officer’s or Chief Finance Officer's report and to prepare a report to Council in the event that the Monitoring Officer or the Chief Finance Officer conclude that the decision was a departure, and to the Overview and Scrutiny Committee if the Monitoring Officer or the Chief Finance Officer conclude that the decision was not a departure. |
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| Where the Overview and Scrutiny Committee is of the opinion that an executive decision is, or if made would be, contrary to the policy framework, or contrary to or not wholly in accordance with Council’s budget, then it shall seek advice from the Monitoring Officer and/or Chief Finance Officer. | | |
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| Where the Overview and Scrutiny Committee is of the opinion that an executive decision is, or if made would be, contrary to the policy framework, or contrary to or not wholly in accordance with Council’s budget, then it shall seek advice from the Monitoring Officer and/or Chief Finance Officer. | | |
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| If the decision has yet to be made, or has been made but not yet implemented, and the advice from the Monitoring Officer and/or the Chief Finance Officer is that the decision is or would be contrary to the policy framework or contrary to or not wholly in accordance with the budget, the Overview and Scrutiny Committee may refer the matter to Council. In such cases, no further action will be taken in respect of the decision or its implementation until Council has met and considered the matter. Council shall meet within twenty-one days of the request from the Overview and Scrutiny Committee (or within twenty-eight days if a meeting of Council is scheduled within that period). At the meeting Council will receive a report of the decision or proposals and the advice of the Monitoring Officer and/or the Chief Finance Officer. | | If the decision has yet to be made, or has been made but not yet implemented, and the advice from the Monitoring Officer and/or the Chief Finance Officer is that the decision is or would be contrary to the policy framework or contrary to or not wholly in accordance with the budget, the Overview and Scrutiny Committee may refer the matter to Council. In such cases, no further action will be taken in respect of the decision or its implementation until Council has met and considered the matter. Council shall meet within twenty-one days of the request from the Overview and Scrutiny Committee (or within twenty-eight days if a meeting of Council is scheduled within that period). At the meeting Council will receive a report of the decision or proposals and the advice of the Monitoring Officer and/or the Chief Finance Officer. |
| | | Council may either: |
| | | If Council does not meet, the decision will become effective on the date of Council or expiry of the period in which Council should have been held, whichever is the earlier: providing that the Monitoring Officer and/or the Chief Finance Officer is/are satisfied that the decision is within the budget and policy framework or falls within Section 19.7, list items 1 to 4 . |
| | | The decision of the Monitoring Officer and/or Chief Finance Officer is final. |
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| Council may either: | | |
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| If Council does not meet, the decision will become effective on the date of Council or expiry of the period in which Council should have been held, whichever is the earlier: providing that the Monitoring Officer and/or the Chief Finance Officer is/are satisfied that the decision is within the budget and policy framework or falls within Rules 6.1(a) – 6.1(d). | | |
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| Section 19.9: Suspension | | Section 19.9: Suspension |
| n | | n | Provided it is not contrary to law, these rules may be suspended by Council or, in so far as they are applicable to either body, the Cabinet or the Overview and Scrutiny Committee. |
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| Provided it is not contrary to law, these rules may be suspended by Council or, in so far as they are applicable to either body, the Cabinet or the Overview and Scrutiny Committee. | | |
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| Committees and Joint Arrangements | | Committees and Joint Arrangements |
| n | | n | |
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| Introduction to Regulatory and Non-Executive Committees | | Introduction to Regulatory and Non-Executive Committees |
| n | | n | Council will establish a number of Committees, Sub-Committees, Boards and Panels with delegated powers and/or responsibility for various functions of the Council including to discharge the functions described in the “Responsibility for Functions” information also in Part C Chapter 13 . (These Committees can be seen in the Structure Chart in Section 3 of the Constitution.) |
| | | The following Committees have been established at this time (note – where a Committee of the Council has a permanent Sub-Committee which meets regularly, this is also set out below underneath its parent committee): |
| | | NOTE - Information about the Overview and Scrutiny Committee and Scrutiny Sub-Committees is set out in Part G Overview and Scrutiny |
| | | This Part of the Constitution sets out more details for these Committees including General Committee Procedure Rules, Terms of References and any related committee-specific procedure. |
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| Council will establish a number of Committees, Sub-Committees, Boards and Panels with delegated powers and/or responsibility for various functions of the Council including to discharge the functions described in the “Responsibility for Functions” information also in Part D. (These can be seen in the Structure Chart in Section 3 of the Constitution.) | | |
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| The following Committees have been established at this time (note – where a Committee of the Council has a permanent Sub-Committee which meets regularly, this is also set out below underneath its parent committee): | | |
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| NOTE - Information about the Overview and Scrutiny Committee and Scrutiny Sub-Committees is set out in Part G Overview and Scrutiny | | |
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| This Part of the Constitution sets out more details for these Committees including General Committee Procedure Rules, Terms of References and any related committee-specific procedure. | | |
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| Default Committee Procedure Rules | | Default Committee Procedure Rules |
| n | | n | |
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| Section 21.1: Introduction | | Section 21.1: Introduction |
| n | | n | |
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| The following Procedure Rules apply to all formal Committees and Sub-Committees of the Council except where those bodies have agreed specific procedures either for regulatory or other purposes that better fit the requirements of that body. Where such alternative processes exist they may also call on some of the below procedure rules as required but this should be stated in that Body’s Terms of Reference or Procedures. | | The following Procedure Rules apply to all formal Committees and Sub-Committees of the Council except where those bodies have agreed specific procedures either for regulatory or other purposes that better fit the requirements of that body. Where such alternative processes exist they may also call on some of the below procedure rules as required but this should be stated in that Body’s Terms of Reference or Procedures. |
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| Section 21.2: Chair, Membership and Substitutes of the Committee/Sub-Committee | | Section 21.2: Chair, Membership and Substitutes of the Committee/Sub-Committee |
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| n | | n | of Committees will be appointed by Annual Council. |
| | | Where a vacancy occurs during the year, this will be considered at the next Ordinary Council meeting. Should this not happen then the Committee will be free to appoint its own Chair. |
| | | Unless specified in their procedures or the relevant parent committee determines otherwise (for example the Overview and Scrutiny elects the Chairs of its Sub-Committees). Sub-Committees will elect their own Chairs as required. |
| | | All Committees/Sub-Committees appoint their own Vice-Chair where this is required. |
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| of Committees will be appointed by Annual Council. | | |
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| Where a vacancy occurs during the year, this will be considered at the next Ordinary Council meeting. Should this not happen then the Committee will be free to appoint its own Chair. | | |
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| Unless specified in their procedures or the relevant parent committee determines otherwise (for example the Overview and Scrutiny elects the Chairs of its Sub-Committees). Sub-Committees will elect their own Chairs as required. | | |
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| All Committees/Sub-Committees appoint their own Vice-Chair where this is required. | | |
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| will be agreed by Annual Council and Sub-Committee size and membership will be determined by the parent Committee. Where a vacancy for a Committee/Sub-Committee Member occurs during the year, the Monitoring Officer has authority to make appointments as recommended by the relevant groups/members in line with the proportionality arrangements agreed by Council. | | will be agreed by Annual Council and Sub-Committee size and membership will be determined by the parent Committee. Where a vacancy for a Committee/Sub-Committee Member occurs during the year, the Monitoring Officer has authority to make appointments as recommended by the relevant groups/members in line with the proportionality arrangements agreed by Council. |
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| per political group will also be allocated at Annual Council. The Monitoring Officer has authority to confirm further appointments of Substitutes where vacancies occur, on the recommendation of the political groups in line with this rule. | | per political group will also be allocated at Annual Council. The Monitoring Officer has authority to confirm further appointments of Substitutes where vacancies occur, on the recommendation of the political groups in line with this rule. |
| | | Each ungrouped Member appointed to a Committee/Sub-Committee may also appoint one named substitute in the same manner. |
| | | Substitute Councillors will have all the powers and duties of any ordinary Councillor of the Committee but will not be able to exercise any special powers or duties exercisable by the person they are substituting. |
| | | Substitute Councillors may attend meetings in that capacity only: |
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| Each ungrouped Member appointed to a Committee/Sub-Committee may also appoint one named substitute in the same manner. | | |
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| Substitute Councillors will have all the powers and duties of any ordinary Councillor of the Committee but will not be able to exercise any special powers or duties exercisable by the person they are substituting. | | |
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| Substitute Councillors may attend meetings in that capacity only: | | |
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| A substitute Councillor may only take the place of the ordinary Councillor for the whole of a meeting except where they are attending the Strategic Development Committee or Development Committee to consider a deferred item where they were at the previous meeting which considered that item and are there on that basis. | | A substitute Councillor may only take the place of the ordinary Councillor for the whole of a meeting except where they are attending the Strategic Development Committee or Development Committee to consider a deferred item where they were at the previous meeting which considered that item and are there on that basis. |
| | | No substitutes are permitted for the Licensing Committee/Licensing Regulatory Committee. |
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| No substitutes are permitted for the Licensing Committee/Licensing Regulatory Committee. | | |
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| Section 21.3: First Meeting of the Municipal Year | | Section 21.3: First Meeting of the Municipal Year |
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| n | | n | The first meeting of a Council Committee following the Annual Meeting of Council, will consider the following agenda items (alongside normal business items): |
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| The first meeting of a Council Committee following the Annual Meeting of Council, will consider the following agenda items (alongside normal business items): | | |
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| Section 21.4: Ordinary Scheduled Meetings | | Section 21.4: Ordinary Scheduled Meetings |
| n | | n | Ordinary scheduled meetings of the Committee/Sub-Committee will take place in accordance with the programme below: |
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| Ordinary scheduled meetings of the Committee/Sub-Committee will take place in accordance with the programme below: | | |
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| Section 21.5: Extraordinary Meetings | | Section 21.5: Extraordinary Meetings |
| n | | n | Those listed below may request the Monitoring Officer/Chief Executive to call extraordinary Committee or Sub-Committee meeting in addition to ordinary meetings: |
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| Those listed below may request the Monitoring Officer/Chief Executive to call extraordinary Committee or Sub-Committee meeting in addition to ordinary meetings: | | |
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| When requested, the Monitoring Officer will, in consultation with the Chief Executive, call a meeting of the Committee or Sub-Committee unless the Chief Executive is of the opinion that holding such a meeting would not be an efficient use of resources and the subject matter of the business can conveniently wait until the next Ordinary Meeting of the Committee or Sub-Committee. | | When requested, the Monitoring Officer will, in consultation with the Chief Executive, call a meeting of the Committee or Sub-Committee unless the Chief Executive is of the opinion that holding such a meeting would not be an efficient use of resources and the subject matter of the business can conveniently wait until the next Ordinary Meeting of the Committee or Sub-Committee. |
| | | Only the business specified in the resolution, request or requisition which led to the calling of the Extraordinary Meeting can be conducted at this meeting. |
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| Only the business specified in the resolution, request or requisition which led to the calling of the Extraordinary Meeting can be conducted at this meeting. | | |
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| Section 21.6: Time, Place, Postponement and Cancellation of Meetings | | Section 21.6: Time, Place, Postponement and Cancellation of Meetings |
| n | | n | Committee and Sub-Committee meetings will usually commence at 6.30pm and take place at the Town Hall unless the Chair of the relevant Committee/Sub-Committee decides otherwise. This will be in consultation with the Monitoring Officer. |
| | | The Monitoring Officer is authorised to either cancel or postpone a meeting of a Committee/Sub-Committee if it is deemed that there is insufficient business to transact or some other appropriate reason warranting its cancellation/ postponement. |
| | | The Monitoring Officer is authorised to vary the time, date and place of any meeting where there is good justification in consultation the Chair of the Committee/Sub-Committee. |
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| Committee and Sub-Committee meetings will usually commence at 6.30pm and take place at the Town Hall unless the Chair of the relevant Committee/Sub-Committee decides otherwise. This will be in consultation with the Monitoring Officer. | | |
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| The Monitoring Officer is authorised to either cancel or postpone a meeting of a Committee/Sub-Committee if it is deemed that there is insufficient business to transact or some other appropriate reason warranting its cancellation/ postponement. | | |
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| The Monitoring Officer is authorised to vary the time, date and place of any meeting where there is good justification in consultation the Chair of the Committee/Sub-Committee. | | |
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| Section 21.7: Notice of and Summons to Meetings | | Section 21.7: Notice of and Summons to Meetings |
| n | | n | The Monitoring Officer will give notice to the public of the time and place of any meeting of a Committee/Sub-Committee in accordance with Section 10.4 of the Access to Information Procedure Rules . |
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| The Monitoring Officer will give notice to the public of the time and place of any meeting of a Committee/Sub-Committee in accordance with the Access to Information Procedure Rules at Part B Section X of the Constitution. | | |
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| At least 5 clear working days before a meeting not including the day the notice is given and the day of the meeting, the Monitoring Officer will send an agenda to the Members of the Committee giving the date, time and place of the meeting, specify the business to be transacted, and will be accompanied by any available reports. If necessary, additional reports to the reports on the agenda will be permitted within the preceding five days to the meeting or at the meeting subject to the report setting out ‘reasons for urgency’. | | At least 5 clear working days before a meeting not including the day the notice is given and the day of the meeting, the Monitoring Officer will send an agenda to the Members of the Committee giving the date, time and place of the meeting, specify the business to be transacted, and will be accompanied by any available reports. If necessary, additional reports to the reports on the agenda will be permitted within the preceding five days to the meeting or at the meeting subject to the report setting out ‘reasons for urgency’. |
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| Section 21.8: Chairing the meeting | | Section 21.8: Chairing the meeting |
| n | | n | The person chairing the meeting has responsibility for managing the conduct of the meeting and has the final say on the interpretation of the Committees procedures the implementation of these Procedure Rules and their decision shall not be challenged at the meeting. |
| | | Participation in a Committee or Sub-Committee meeting shall be at the discretion of the person chairing the meeting. |
| | | The Chair also has the discretion to vary these rules where to do so would aid democratic participation and engagement unless this would contravene any legal requirement or the Council’s Codes or Protocols. |
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| The person chairing the meeting has responsibility for managing the conduct of the meeting and has the final say on the interpretation of the Committees procedures the implementation of these Procedure Rules and their decision shall not be challenged at the meeting. | | |
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| Participation in a Committee or Sub-Committee meeting shall be at the discretion of the person chairing the meeting. | | |
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| The Chair also has the discretion to vary these rules where to do so would aid democratic participation and engagement unless this would contravene any legal requirement or the Council’s Codes or Protocols. | | |
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| Section 21.9: Quorum | | Section 21.9: Quorum |
| n | | n | Subject to any specific quorum requirements set out in the terms of reference of a particular body, the quorum of a meeting will be one quarter of the whole number of Councillors or 3 voting Councillors, whichever is the greater. |
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| Subject to any specific quorum requirements set out in the terms of reference of a particular body, the quorum of a meeting will be one quarter of the whole number of Councillors or 3 voting Councillors, whichever is the greater. | | |
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| Subject to any exceptions in Rule 25, if a quorum is not reached at the scheduled start time for a meeting, the Chair/Vice-Chair shall have the discretion to extend the start time by up to 20 minutes. If a quorum is not achieved at the scheduled start time, or after any extension, the meeting will stand adjourned. | | Subject to any exceptions in Rule 25, if a quorum is not reached at the scheduled start time for a meeting, the Chair/Vice-Chair shall have the discretion to extend the start time by up to 20 minutes. If a quorum is not achieved at the scheduled start time, or after any extension, the meeting will stand adjourned. |
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| During any meeting if the Chair counts the number of Councillors present and declares there is not a quorum, then the meeting will adjourn immediately. Remaining business will be considered at a time, date and place fixed by the Monitoring Officer. If a date is not fixed, the remaining business will be considered at the next ordinary meeting. | | During any meeting if the Chair counts the number of Councillors present and declares there is not a quorum, then the meeting will adjourn immediately. Remaining business will be considered at a time, date and place fixed by the Monitoring Officer. If a date is not fixed, the remaining business will be considered at the next ordinary meeting. |
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| Section 21.10: Duration of meetings | | Section 21.10: Duration of meetings |
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| All Committee meetings will end after a period of 2 hours but an extension may be agreed by resolution to extend the meeting for an additional period of up to 1 hour (up to 2 hours for the Appeals/Employee Appeals/Development and Strategic Development Committees/Sub-Committees provided the meeting finishes before 11:30pm). | | All Committee meetings will end after a period of 2 hours but an extension may be agreed by resolution to extend the meeting for an additional period of up to 1 hour (up to 2 hours for the Appeals/Employee Appeals/Development and Strategic Development Committees/Sub-Committees provided the meeting finishes before 11:30pm). |
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| If the business of a meeting has not been concluded after 2 hours or 3 hours (if the extension in rule 9.1 is applied), when the Councillor speaking has concluded their speech, the Chair will draw the attention of the meeting to this rule. If a matter is being debated, the debate shall immediately be concluded as if the motion, ‘That the question be now put’ had been moved and carried. | | If the business of a meeting has not been concluded after 2 hours or 3 hours (if the extension in rule 9.1 is applied), when the Councillor speaking has concluded their speech, the Chair will draw the attention of the meeting to this rule. If a matter is being debated, the debate shall immediately be concluded as if the motion, ‘That the question be now put’ had been moved and carried. |
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| Any matters requiring a decision on the agenda that have not been dealt with by the end of the meeting shall be deemed formally moved and seconded together with amendments notified in writing to the Monitoring Officer by noon on the day of the meeting. They will be put to the meeting without any further discussion. A recorded vote under rule 16.4 will be taken, if called for and the requirements of that rule are met, on matters dealt with under this guillotine. During the process in this rule the only other matters which may be raised are points of order. When all matters have been dealt with, the Chair will declare the meeting closed. Any amendments not received by Noon on the day of the meeting shall be deemed to have been dropped. | | Any matters requiring a decision on the agenda that have not been dealt with by the end of the meeting shall be deemed formally moved and seconded together with amendments notified in writing to the Monitoring Officer by noon on the day of the meeting. They will be put to the meeting without any further discussion. A recorded vote under rule 16.4 will be taken, if called for and the requirements of that rule are met, on matters dealt with under this guillotine. During the process in this rule the only other matters which may be raised are points of order. When all matters have been dealt with, the Chair will declare the meeting closed. Any amendments not received by Noon on the day of the meeting shall be deemed to have been dropped. |
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| Section 21.11: Motions without notice | | Section 21.11: Motions without notice |
| n | | n | The following motions and amendments may be moved without notice provided they do not contravene the requirements of Rule 11.5 above. Once such a motion or amendment has been moved, seconded and has been accepted by the Chair it shall, unless the Chair decides otherwise, be put and voted on without debate:- |
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| The following motions and amendments may be moved without notice provided they do not contravene the requirements of Rule 11.5 above. Once such a motion or amendment has been moved, seconded and has been accepted by the Chair it shall, unless the Chair decides otherwise, be put and voted on without debate:- | | |
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| Section 21.12: Rules of Debate and Public Participation | | Section 21.12: Rules of Debate and Public Participation |
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| n | | n | at meetings will usually be introduced by a Lead Officer or Member. Following that introduction the Chair will invite Members of the Committee/Sub-Committee to ask questions or seek clarifications. |
| | | Following questions, the Chair will invite Members to discuss the content of the report. |
| | | The Chair may at any time seek further clarification or comment from available officers. |
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| at meetings will usually be introduced by a Lead Officer or Member. Following that introduction the Chair will invite Members of the Committee/Sub-Committee to ask questions or seek clarifications. | | |
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| Following questions, the Chair will invite Members to discuss the content of the report. | | |
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| The Chair may at any time seek further clarification or comment from available officers. | | |
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| At the conclusion of the debate, the Chair will provide any necessary summary and will then request from Committee/Sub-Committee Members any suggested amendments to the recommendations set out in the report. All amendments must have a proposer and a seconder. The Chair may also propose amendments (which must be seconded by another Member of the Committee/Sub-Committee). | | At the conclusion of the debate, the Chair will provide any necessary summary and will then request from Committee/Sub-Committee Members any suggested amendments to the recommendations set out in the report. All amendments must have a proposer and a seconder. The Chair may also propose amendments (which must be seconded by another Member of the Committee/Sub-Committee). |
| | | The Chair will then seek to determine an outcome of the debate through one or more votes as necessary. |
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| The Chair will then seek to determine an outcome of the debate through one or more votes as necessary. | | |
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| will take place in a manner determined by the Chair of the meeting. | | will take place in a manner determined by the Chair of the meeting. |
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| is not required on most items of business at Committee/Sub-Committee meetings. However, as a general principle the Council welcomes public engagement and where the Chair considers it beneficial, they can invite non-Committee Councillors, residents, external experts and others to address the meeting about an existing item on the agenda in a manner they determine (or if no other procedure is identified, through a three-minute speech). | | is not required on most items of business at Committee/Sub-Committee meetings. However, as a general principle the Council welcomes public engagement and where the Chair considers it beneficial, they can invite non-Committee Councillors, residents, external experts and others to address the meeting about an existing item on the agenda in a manner they determine (or if no other procedure is identified, through a three-minute speech). |
| | | Committees/Sub-Committees would not normally accept additional items of business from members of the public outside of those already on the agenda. |
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| Committees/Sub-Committees would not normally accept additional items of business from members of the public outside of those already on the agenda. | | |
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| Section 21.13: Voting | | Section 21.13: Voting |
| n | | n | All Councillors are entitled to vote unless exempted. If Co-opted or other Members are entitled to vote this will be set out in the Terms of Reference for that Committee/Sub-Committee. |
| | | Unless this Constitution (or the law) provides otherwise, any matter will be decided by simple majority of the voting Members present. |
| | | If there are equal numbers of votes for and against, the Chair will have a second or casting vote. There will be no restriction on how the Chair chooses to exercise a casting vote. |
| | | Unless a recorded vote is demanded before the vote has been taken, the Chair will take the vote by a show of hands, or any other voting method that has been introduced. If there is no dissent this can be by simple affirmation of the meeting. |
| | | If one third of the voting Membership at the meeting request it before the vote has taken place, the names for and against the motion or amendment or abstaining from voting will be taken down in writing and entered into the minutes. |
| | | Where any Member of the Committee/Sub-Committee requests it immediately after a vote, their vote will be so recorded in the minutes to show whether they voted for or against the motion or abstained from voting. |
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| ll Councillors are entitled to vote unless exempted. If Co-opted or other Members are entitled to vote this will be set out in the Terms of Reference for that Committee/Sub-Committee. | | |
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| Unless this Constitution (or the law) provides otherwise, any matter will be decided by simple majority of the voting Members present. | | |
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| If there are equal numbers of votes for and against, the Chair will have a second or casting vote. There will be no restriction on how the Chair chooses to exercise a casting vote. | | |
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| Unless a recorded vote is demanded before the vote has been taken, the Chair will take the vote by a show of hands, or any other voting method that has been introduced. If there is no dissent this can be by simple affirmation of the meeting. | | |
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| If one third of the voting Membership at the meeting request it before the vote has taken place, the names for and against the motion or amendment or abstaining from voting will be taken down in writing and entered into the minutes. | | |
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| Where any Member of the Committee/Sub-Committee requests it immediately after a vote, their vote will be so recorded in the minutes to show whether they voted for or against the motion or abstained from voting. | | |
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| In respect of voting for Chairs/Vice-Chairs or other relevant positions, if more nominations are made than there are positions available, the meeting will vote in turn on each nomination separately, in the order in which they were nominated, until the vacant position(s) are filled. Before any vote is taken the person presiding shall establish that each candidate nominated, if present, is willing to stand. | | In respect of voting for Chairs/Vice-Chairs or other relevant positions, if more nominations are made than there are positions available, the meeting will vote in turn on each nomination separately, in the order in which they were nominated, until the vacant position(s) are filled. Before any vote is taken the person presiding shall establish that each candidate nominated, if present, is willing to stand. |
| | | Members are entitled to vote for their own nomination should they so wish. |
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| Members are entitled to vote for their own nomination should they so wish. | | |
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| Section 21.14: Petitions | | Section 21.14: Petitions |
| n | | n | Members are entitled to vote for their own nomination should they so wish. |
| | | Petitions are not normally considered at Council Committees/Sub-Committees outside of the Petition Scheme. However, the Monitoring Officer has discretion to allow a petition to be presented to a Committee or Sub-Committee meeting where this is considered appropriate. |
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| Members are entitled to vote for their own nomination should they so wish. | | |
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| Petitions are not normally considered at Council Committees/Sub-Committees outside of the Petition Scheme. However, the Monitoring Officer has discretion to allow a petition to be presented to a Committee or Sub-Committee meeting where this is considered appropriate. | | |
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| Section 21.15: Exclusion of the Public | | Section 21.15: Exclusion of the Public |
| n | | n | Members of the public and press may only be excluded either in accordance with the Access to Information Procedure Rules in Part B, Chapter 10 of this Constitution or Section 21.16 (Conduct at Meetings) . |
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| Members of the public and press may only be excluded either in accordance with the Access to Information Procedure Rules in Part B Section 27 of this Constitution or Rule 21 (disturbance by the public). | | |
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| Section 21.16: Conduct at Meetings | | Section 21.16: Conduct at Meetings |
| n | | n | Ensuring good conduct at the meeting is the responsibility of the Chair. |
| | | When so requested by the Chair any Councillor, other Member or participant speaking must be silent. |
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| Ensuring good conduct at the meeting is the responsibility of the Chair. | | |
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| When so requested by the Chair any Councillor, other Member or participant speaking must be silent. | | |
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| If any participant persistently disregards the ruling of the Chair, or behaves inappropriately, offensively, or is deliberately obstructing business, that person will be provided with a warning by the Chair. If they continue to behave in any such manner the Chair has the authority to order the person in question to leave the meeting. | | If any participant persistently disregards the ruling of the Chair, or behaves inappropriately, offensively, or is deliberately obstructing business, that person will be provided with a warning by the Chair. If they continue to behave in any such manner the Chair has the authority to order the person in question to leave the meeting. |
| | | If there is a disturbance in any part of the meeting room open to the public the Chair shall order that part of the room to be cleared. |
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| If there is a disturbance in any part of the meeting room open to the public the Chair shall order that part of the room to be cleared. | | |
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| Section 21.17: Filming and Recording | | Section 21.17: Filming and Recording |
| n | | n | |
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| Members of the press and public are permitted to film, audio record, take photographs or make use of social media (tweet/blog) at Council and Committee meetings provided that this does not disturb the business of the meeting. If a person wishes to film a particular meeting, please liaise with the Council Officer listed on the front of the Agenda prior to the start of the meeting so that the Speaker or Chair is aware and those attending the meeting can be made aware of any filming taking place. | | Members of the press and public are permitted to film, audio record, take photographs or make use of social media (tweet/blog) at Council and Committee meetings provided that this does not disturb the business of the meeting. If a person wishes to film a particular meeting, please liaise with the Council Officer listed on the front of the Agenda prior to the start of the meeting so that the Speaker or Chair is aware and those attending the meeting can be made aware of any filming taking place. |
| | | Where a member of the press or public wish to film a meeting this must be done in accordance with the Filming Protocol set out in the Constitution. |
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| Where a member of the press or public wish to film a meeting this must be done in accordance with the Filming Protocol set out in the Constitution. | | |
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| Section 21.18: Webcasts, Virtual Meeting Attendance and Hybrid Committees | | Section 21.18: Webcasts, Virtual Meeting Attendance and Hybrid Committees |
| n | | n | The Council will webcast most of its Committee/Sub-Committee meetings for publication via the Council’s webcast portal. Cameras will be focussed on those participating in the meeting but anyone present may be filmed. |
| | | Should a technical fault occur with the webcast, the meeting will proceed as usual and any recovered footage will be posted online after the meeting. |
| | | Regulations require that decision-making Members of the Committee/Sub-Committee are physically present in the meeting location. Key officers should also attend in person. |
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| The Council will webcast most of its Committee/Sub-Committee meetings for publication via the Council’s webcast portal. Cameras will be focussed on those participating in the meeting but anyone present may be filmed. | | |
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| Should a technical fault occur with the webcast, the meeting will proceed as usual and any recovered footage will be posted online after the meeting. | | |
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| Regulations require that decision-making Members of the Committee/Sub-Committee are physically present in the meeting location. Key officers should also attend in person. | | |
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| Where technology is available other officers may attend remotely. Public/other participants are encouraged to attend in person but it is their choice and they can attend remotely should they so wish. However, technical problems are the responsibility of the participant and the meeting may have to proceed without their contribution if the connection fails. | | Where technology is available other officers may attend remotely. Public/other participants are encouraged to attend in person but it is their choice and they can attend remotely should they so wish. However, technical problems are the responsibility of the participant and the meeting may have to proceed without their contribution if the connection fails. |
| | | Where a meeting suffers technical problems it is for the Chair, following consultation with officers, to determine where: |
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| Where a meeting suffers technical problems it is for the Chair, following consultation with officers, to determine where: | | |
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| Audit Committee | | Audit Committee |
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| Section 22.1: Introduction | | Section 22.1: Introduction |
| n | | n | The Audit Committee is a key component of the Council’s corporate governance. It provides an independent and high-level focus on the audit, assurance and reporting arrangements that underpin good governance and financial standards. |
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| The Audit Committee is a key component of the Council’s corporate governance. It provides an independent and high-level focus on the audit, assurance and reporting arrangements that underpin good governance and financial standards. | | |
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| The purpose of the Audit Committee is to provide independent assurance to the Members of the adequacy of the risk management framework and the internal control environment. It provides independent review of the Council’s governance, risk management and control frameworks and oversees the financial reporting and annual governance processes. It oversees internal audit and external audit, helping to ensure efficient and effective assurance arrangements are in place. | | The purpose of the Audit Committee is to provide independent assurance to the Members of the adequacy of the risk management framework and the internal control environment. It provides independent review of the Council’s governance, risk management and control frameworks and oversees the financial reporting and annual governance processes. It oversees internal audit and external audit, helping to ensure efficient and effective assurance arrangements are in place. |
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| Section 22.2: Audit Committee Terms of Reference | | Section 22.2: Audit Committee Terms of Reference |
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| 1. The Audit Committee is a key component of the Council’s corporate governance. It provides an independent and high-level focus on the audit, assurance and reporting arrangements that underpin good governance and financial standards. 2. The purpose of the Audit Committee is to provide independent assurance to the Members of the adequacy of the risk management framework and the internal control environment. It provides independent review of the Council’s governance, risk management and control frameworks and oversees the financial reporting and annual governance processes. It oversees internal audit and external audit, helping to ensure efficient and effective assurance arrangements are in place. | | 1. The Audit Committee is a key component of the Council’s corporate governance. It provides an independent and high-level focus on the audit, assurance and reporting arrangements that underpin good governance and financial standards. 2. The purpose of the Audit Committee is to provide independent assurance to the Members of the adequacy of the risk management framework and the internal control environment. It provides independent review of the Council’s governance, risk management and control frameworks and oversees the financial reporting and annual governance processes. It oversees internal audit and external audit, helping to ensure efficient and effective assurance arrangements are in place. |
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| n | | n | 7 Councillors. There can only be a maximum of one Member of the Executive on the Committee (who must not be the Cabinet Member for Resources) and they must not be the Chair. |
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| 7 Councillors. There can only be a maximum of one Member of the Executive on the Committee (who must not be the Cabinet Member for Resources) and they must not be the Chair. | | |
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| The Audit Committee may choose to appoint an Independent Person (IP) to advise and support the Committee. The IP will not be a member of the Audit Committee but would be entitled to attend all the meetings and associated training of the Committee. The IP can receive and comment on any reports submitted to the Committee, including restricted agenda items. | | The Audit Committee may choose to appoint an Independent Person (IP) to advise and support the Committee. The IP will not be a member of the Audit Committee but would be entitled to attend all the meetings and associated training of the Committee. The IP can receive and comment on any reports submitted to the Committee, including restricted agenda items. |
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| n | | n | 3 Members of the Committee |
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| 3 Members of the Committee | | |
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| General Purposes Committee | | General Purposes Committee |
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| Section 23.1: Introduction | | Section 23.1: Introduction |
| n | | n | The Committee is responsible for a range of non-executive functions including matters such as; electoral matters, personnel issues and byelaws, that have not been delegated to other Committees. |
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| The Committee is responsible for a range of non-executive functions including matters such as; electoral matters, personnel issues and byelaws, that have not been delegated to other Committees. | | |
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| Section 23.2: General Purposes Committee Terms of Reference | | Section 23.2: General Purposes Committee Terms of Reference |
| n | | n | Summary Description: The Committee is responsible for a range of non-executive functions including matters such as; electoral matters, the constitution and byelaws, that have not been delegated to other Committees. |
| | | Membership: 9 Councillors |
| | | Table of Functions |
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| n | | n | 3 Members of the Committee |
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| Summary Description: The Committee is responsible for a range of non-executive functions including matters such as; electoral matters, personnel issues and byelaws, that have not been delegated to other Committees. | | |
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| Membership: 9 Councillors | | |
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| Table of Functions | | |
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| 3 Members of the Committee | | |
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| Human Resources Committee and Sub-Committees | | Human Resources Committee and Sub-Committees |
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| Section 24.1: Introduction | | Section 24.1: Introduction |
| n | | n | The Committee is responsible non-executive human resources and staffing issues such as recruitment of chief officers and employee appeals against dismissal. Pensions Committee 18. Considers pension matters and meet the obligations and the duties of the Council under the Superannuation Act 1972 and the various statutory requirements in respect of investment matters. |
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| The Committee is responsible non-executive HR and personnel issues such as recruitment of chief officers and employee appeals against dismissal. Pensions Committee 18. Considers pension matters and meet the obligations and the duties of the Council under the Superannuation Act 1972 and the various statutory requirements in respect of investment matters. | | |
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| Section 24.2: Human Resources Committee Terms of Reference | | Section 24.2: Human Resources Committee Terms of Reference |
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| n | | n | The Committee is responsible non-executive HR and personnel issues such as recruitment of chief officers and employee appeals against dismissal. |
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| n | | n | 7 Councillors |
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| n | | n | 3 Members of the Committee |
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| The Committee is responsible non-executive HR and personnel issues such as recruitment of chief officers and employee appeals against dismissal. | | |
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| 7 Councillors | | |
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| 3 Members of the Committee | | |
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| Subsection 24.2.1: | | Subsection 24.2.1: |
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| Subsection 24.2.2: | | Subsection 24.2.2: |
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| Licensing Committees and Sub-Committee | | Licensing Committees and Sub-Committee |
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| Section 25.1: Introduction | | Section 25.1: Introduction |
| n | | n | The oversees the discharge of all licensing functions of the Council as the Licensing Authority under the Licensing Act 2003 and the Gambling Act 2005 (excluding the Council’s Statement of Licensing Policy). |
| | | The reviews licensing fees and charges and oversees the Licensing activities of the Environmental Health and Trading Standards Service. |
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| The oversees the discharge of all licensing functions of the Council as the Licensing Authority under the Licensing Act 2003 and the Gambling Act 2005 (excluding the Council’s Statement of Licensing Policy). | | |
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| The reviews licensing fees and charges and oversees the Licensing activities of the Environmental Health and Trading Standards Service. | | |
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| The also has a responsibility to consider and determine matters under Section 2 of the Schedule 3 to the Local Government (Miscellaneous Provisions) Act 1982 regarding the control of sex establishments within the borough. It also considers and determines matters under the London Local Authorities Act 1991 in respect of premises providing or wishing to provide special treatments within the borough where objections have been received and not withdrawn. | | The also has a responsibility to consider and determine matters under Section 2 of the Schedule 3 to the Local Government (Miscellaneous Provisions) Act 1982 regarding the control of sex establishments within the borough. It also considers and determines matters under the London Local Authorities Act 1991 in respect of premises providing or wishing to provide special treatments within the borough where objections have been received and not withdrawn. |
| | | The establishes to consider Alcohol and Entertainment Licensing matters under the Licensing Act 2003. |
| | | The meetings are an opportunity for councillors to make a decision based on the points of view of all relevant parties. |
| | | The Licensing Code of Conduct is at Part E, Section 25. |
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| The establishes to consider Alcohol and Entertainment Licensing matters under the Licensing Act 2003. | | |
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| The meetings are an opportunity for councillors to make a decision based on the points of view of all relevant parties. | | |
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| The Licensing Code of Conduct is at Part C Section 34. | | |
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| Section 25.2: Licensing Committee Terms of Reference | | Section 25.2: Licensing Committee Terms of Reference |
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| The Committee is responsible for overseeing the discharge of all licensing functions of the Council as the licensing authority under the provisions of the Licensing Act 2003 and the Gambling Act 2005 (with the exception of the adoption and publication of the Council’s Statement of Licensing Policy and the adoption and publication of the Council’s Statement of Principles for Gambling and any resolution not to permit casinos, which are functions of the Council). References to the Licensing Act 2003 and Gambling Act 2005 in these terms of reference include any amendments, regulations made under them, and any other relevant legislation. | | The Committee is responsible for overseeing the discharge of all licensing functions of the Council as the licensing authority under the provisions of the Licensing Act 2003 and the Gambling Act 2005 (with the exception of the adoption and publication of the Council’s Statement of Licensing Policy and the adoption and publication of the Council’s Statement of Principles for Gambling and any resolution not to permit casinos, which are functions of the Council). References to the Licensing Act 2003 and Gambling Act 2005 in these terms of reference include any amendments, regulations made under them, and any other relevant legislation. |
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| n | | n | As a body established under the 2003 and 2005 Acts, the Committee is not required to follow proportionality rules. However, the Council has agreed that it should have the same Membership and Chair as the Licensing Regulatory Committee. |
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| n | | n | 3 Members of the Committee Additional Information: |
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| As a body established under the 2003 and 2005 Acts, the Committee is not required to follow proportionality rules. However, the Council has agreed that it should have the same Membership and Chair as the Licensing Regulatory Committee. | | |
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| 4 Members of the Committee | | |
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| Section 25.3: Licensing Sub-Committee Terms of Reference | | Section 25.3: Licensing Sub-Committee Terms of Reference |
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| n | | n | The Licensing Sub-Committee has been established by the Licensing Committee to determine all applications under the Licensing Act 2003 and the Gambling Act 2005 as set out in the table of functions below where an objection or relevant representation has been made. |
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| n | | n | The Licensing Sub Committee shall be made up of any three Members of the Licensing Committee and Sub-Committee Chairs are designated members of the Licensing Committee and appointed by the Licensing Committee. |
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| n | | n | : 3 Members of the Licensing Committee |
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| The Licensing Sub-Committee has been established by the Licensing Committee to determine all applications under the Licensing Act 2003 and the Gambling Act 2005 as set out in the table of functions below where an objection or relevant representation has been made. | | |
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| The Licensing Sub Committee shall be made up of any three Members of the Licensing Committee and Sub-Committee Chairs are designated members of the Licensing Committee and appointed by the Licensing Committee. | | |
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| : 3 Members of the Licensing Committee | | |
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| Section 25.4: Licensing Regulatory Committee Terms of Reference | | Section 25.4: Licensing Regulatory Committee Terms of Reference |
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| n | | n | This sub-committee of the Licensing Committee meets to determine a number of licensing matters such as to grant, review or vary a license submitted under the Licensing Act 2003. |
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| n | | n | To exercise all licensing and registration functions (including the setting of fees as appropriate) to the extent they are not the responsibility of the Licensing Committee. |
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| n | | n | 15 Members of the Council. No substitute members may be appointed for this committee. The Chair and Vice-Chair of the Licensing Regulatory Committee shall be identical to those of the Licensing Committee. |
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| n | | n | 4 Members of the Committee |
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| To exercise all licensing and registration functions (including the setting of fees as appropriate) to the extent they are not the responsibility of the Licensing Committee. | | |
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| 15 Members of the Council. No substitute members may be appointed for this committee. The Chair and Vice-Chair of the Licensing Regulatory Committee shall be identical to those of the Licensing Committee. | | |
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| : 4 Members of the Committee | | |
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| Section 25.5: Licensing Committee – Rules of Procedure governing applications for premises licenses and other permissions under the Licensing Act 2003 | | Section 25.5: Licensing Committee – Rules of Procedure governing applications for premises licenses and other permissions under the Licensing Act 2003 |
| n | | n | Subsection 25.5.1: Interpretation |
| | | Subsection 25.5.2: Composition of Sub-Committee |
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| Subsection 25.5.1: | | |
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| Subsection 25.5.2: | | |
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| Subsection 25.5.3: | | Subsection 25.5.3: Procedure |
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| Subsection 25.5.4: | | Subsection 25.5.4: Exclusions |
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| Section 25.6: Licensing Committee – Rules of Procedure Governing Applications for Sex Establishment Licenses under Section 2 of and Schedule 3 to the Local Government (Miscellaneous Provisions) Act 1982 | | Section 25.6: Licensing Committee – Rules of Procedure Governing Applications for Sex Establishment Licenses under Section 2 of and Schedule 3 to the Local Government (Miscellaneous Provisions) Act 1982 |
| n | | n | Subsection 25.6.1: Interpretation |
| | | Subsection 25.6.2: Composition of Sub-Committee |
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| Subsection 25.6.1: | | |
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| Subsection 25.6.2: | | |
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| Subsection 25.6.3: | | Subsection 25.6.3: Procedure |
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| Subsection 25.6.4: | | Subsection 25.6.4: Exclusions |
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| Section 25.7: Licensing Code of Conduct | | Section 25.7: Licensing Code of Conduct |
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| INTRODUCTION | | |
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| Subsection 25.7.1: | | Subsection 25.7.1: INTRODUCTION |
| | | Subsection 25.7.2: HUMAN RIGHTS ACT |
| | | Subsection 25.7.3: QUASI-JUDICIAL HEARINGS |
| Subsection 25.7.2: | | Subsection 25.7.4: PREDISPOSITION, PREDETERMINATION OR BIAS |
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| Subsection 25.7.3: | | |
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| Subsection 25.7.4: | | |
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| Subsection 25.7.5: | | Subsection 25.7.5: INTERESTS |
| | | Subsection 25.7.6: Training of Councillors |
| | | Subsection 25.7.7: Application by a Councillor or Officer |
| Subsection 25.7.6: | | Subsection 25.7.8: APPLICATION BY THE COUNCIL (OR WHERE THE COUNCIL IS THE LANDOWNER) |
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| Subsection 25.7.7: | | |
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| Subsection 25.7.8: | | |
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| Subsection 25.7.9: | | Subsection 25.7.9: LOBBYING |
| | | Subsection 25.7.10: PRE HEARING DISCUSSIONS |
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| Subsection 25.7.10: | | |
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| Subsection 25.7.11: | | Subsection 25.7.11: SITE VISITS |
| | | Subsection 25.7.12: RELATIONSHIP BETWEEN COUNCILLORS AND OFFICERS |
| | | Subsection 25.7.13: CONDUCT AT THE HEARING |
| Subsection 25.7.12: | | Subsection 25.7.14: COUNCILLORS WHO ARE NOT ON THE COMMITTEE |
| | | Subsection 25.7.15: MAKING THE DECISION |
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| Subsection 25.7.13: | | |
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| Subsection 25.7.14: | | |
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| Subsection 25.7.15: | | |
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| Subsection 25.7.16: | | Subsection 25.7.16: APPEALS |
| | | Subsection 25.7.17: RECORD KEEPING |
| | | Subsection 25.7.18: SUMMARY DOS AND DO NOT'S |
| Subsection 25.7.17: | | Subsection 25.7.19: PROCEDURE NOTES |
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| Subsection 25.7.18: | | |
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| Pensions Committee | | Pensions Committee |
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| Section 26.1: Introduction | | Section 26.1: Introduction |
| n | | n | The Pensions Committee undertakes required responsibilities in relation to the Local Government Pensions Scheme. |
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| The Pensions Committee undertakes required responsibilities in relation to the Local Government Pensions Scheme. | | |
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| Section 26.2: Terms of Reference | | Section 26.2: Terms of Reference |
| n | | n | To consider pension matters and meet the obligations and the duties of the Council under the Superannuation Act 1972 and the various statutory requirements in respect of investment matters. |
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| n | | n | 7 Councillors, 1 representative of the Admitted Bodies and 1 Trade Union representative. The Admitted Body and Trade Union representatives will be non-voting members of the Committee. |
| | | Members of the Pensions Committee including co-opted members, are required to declare any interests that they have in relation to the Pension Fund or items on the agenda at the commencement of the meeting. |
| | | Table of Functions |
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| n | | n | 3 Members of the Committee |
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| n | | n | At least four times a year in the ordinary course of business and additional meetings may be arranged as required to facilitate work. Work for the year will be agreed with the Committee to include dedicated training sessions for Committee members. |
| | | Section 26.3: Procedure Details |
| | | The Council decides the composition and makes appointments to the Pensions Committee. Currently the membership of the Pensions Committee is a minimum of 7 elected Members from Tower Hamlets Council on a politically proportionate basis and the Pensions Committee will elect a Chair and Vice Chair. All Tower Hamlets Council elected Members have voting rights on the Committee and three voting members of the Committee are required to be able to deem the meeting quorate. |
| | | In addition there are two co-opted non-voting members representing employer and Scheme member interests. Although the co-opted representatives do not have voting rights they are treated as equal members of the Committee, they have access to all Committee Advisers, officers, meetings and training as if they were Council Members and have the opportunity to contribute to the decision making process. |
| | | Voting rights are restricted to elected Members as they are deemed to be fulfilling the role of Trustees as the Pension Fund with all the legal responsibilities that this entails, it was not felt appropriate to apply the same legal definition to the lay members of the Committee and hence their role as non-voting members. |
| To consider pension matters and meet the obligations and the duties of the Council under the Superannuation Act 1972 and the various statutory requirements in respect of investment matters. | | Agendas for meetings will be agreed with the Chair and will be circulated with supporting papers to all members of the Committee, officers of the Council as appropriate and the Fund's Investment Advisor. |
| | | Notice of meetings and provision of agendas and other papers will comply with the Access to Information Procedure Rules. |
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| 7 Councillors, 1 representative of the Admitted Bodies and 1 Trade Union representative. The Admitted Body and Trade Union representatives will be non-voting members of the Committee. | | |
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| Members of the Pensions Committee including co-opted members, are required to declare any interests that they have in relation to the Pension Fund or items on the agenda at the commencement of the meeting. | | |
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| Table of Functions | | |
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| 3 Members of the Committee | | |
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| At least four times a year in the ordinary course of business and additional meetings may be arranged as required to facilitate work. Work for the year will be agreed with the Committee to include dedicated training sessions for Committee members. | | |
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| Standards Advisory Committee | | Standards Advisory Committee |
| n | | n | |
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| Section 27.1: Introduction | | Section 27.1: Introduction |
| n | | n | In accordance with the requirements of the Localism Act 2011 the Council has adopted a Code of Conduct for Members together with arrangements for dealing with any complaint of a breach of the Code including the appointment of an Independent Person. The Code of Conduct and the arrangements for dealing with any complaint of a breach of the Code are set out at Part C, Section 31 of this Constitution. |
| | | In order to promote and maintain high standards of conduct, the Council at its Annual Meeting will establish a Standards Advisory Committee using its powers under section 102(4) of the Local Government Act 1972. |
| | | The Standards Advisory Committee shall have the power to create sub-committees in order to discharge its advisory role. |
| | | The Standards Advisory Committee’s composition shall be set out in its Terms of Reference. It includes Councillors and Independent Co-opted Members (but may not include the Mayor or more than one Cabinet Member). |
| | | The Standards Advisory Committee has a set of procedures which govern its arrangements. These are set out in Part E, Section 27 and the Supplementary Documents Pack Section S13. |
| | | The Council has appointed two statutory Independent Persons to assist in dealing with complaints of alleged breach of the Code of Conduct for Members under section 28(7) of the Localism Act 2011. They are not co-opted member of the Standards Advisory Committee but may attend and observe any meeting of the Committee or a sub-committee established by it. |
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| In accordance with the requirements of the Localism Act 2011 the Council has adopted a Code of Conduct for Members together with arrangements for dealing with any complaint of a breach of the Code including the appointment of an Independent Person. The Code of Conduct and the arrangements for dealing with any complaint of a breach of the Code are set out at Part C, Section 31 of this Constitution. | | |
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| In order to promote and maintain high standards of conduct, the Council at its Annual Meeting will establish a Standards Advisory Committee using its powers under section 102(4) of the Local Government Act 1972. | | |
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| The Standards Advisory Committee shall have the power to create sub-committees in order to discharge its advisory role. | | |
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| The Standards Advisory Committee’s composition shall be set out in its Terms of Reference. It includes Councillors and Independent Co-opted Members (but may not include the Mayor or more than one Cabinet Member). | | |
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| The Standards Advisory Committee has a set of procedures which govern its arrangements. These are set out Part B Section 19 and the Supplementary Documents Pack Section S13. | | |
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| The Council has appointed two statutory Independent Persons to assist in dealing with complaints of alleged breach of the Code of Conduct for Members under section 28(7) of the Localism Act 2011. They are not co-opted member of the Standards Advisory Committee but may attend and observe any meeting of the Committee or a sub-committee established by it. | | |
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| Section 27.2: Standards Advisory Committee Terms of Reference | | Section 27.2: Standards Advisory Committee Terms of Reference |
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| Section 27.3: Hearings Advisory Sub-Committee Terms of Reference | | Section 27.3: Hearings Advisory Sub-Committee Terms of Reference |
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| Section 27.4: TO DELETE - Standards Advisory Committee Procedures | | |
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| Subsection 27.4.1: | | |
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| Subsection 27.4.2: | | |
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| Subsection 27.4.3: | | |
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| Subsection 27.4.4: | | |
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| Subsection 27.4.5: | | |
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| Strategic Development and Development Committees | | Strategic Development and Development Committees |
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| Section 28.1: Introduction | | Section 28.1: Introduction |
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| n | | n | Tower Hamlets Council is a local planning authority for its area. Local Planning Authorities must make a Local Plan for their area and make decisions on planning applications for new development that are submitted. |
| | | The executive Mayor, Cabinet and full Council are responsible for decisions about the Council's Local Plan. Most decisions on planning applications are made by senior planning officers under powers that are delegated to them. Applications for the largest scale developments or those which have attracted significant public interest are determined by one of the Council's two planning committees - the and the . The terms of reference for both committees are set out below. |
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| Tower Hamlets Council is a local planning authority for its area. Local Planning Authorities must make a Local Plan for their area and make decisions on planning applications for new development that are submitted. | | |
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| The executive Mayor, Cabinet and full Council are responsible for decisions about the Council's Local Plan. Most decisions on planning applications are made by senior planning officers under powers that are delegated to them. Applications for the largest scale developments or those which have attracted significant public interest are determined by one of the Council's two planning committees - the and the . The terms of reference for both committees are set out below. | | |
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| Section 28.2: Development Committee Terms of Reference | | Section 28.2: Development Committee Terms of Reference |
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| To determine applications for planning permission and listed building consent which have triggered over 20 representations (for or against) and/or that meet certain criteria with regards to size amongst other issues. Note that certain applications exceed the remit of the Development Committee and these are considered by the Strategic Development Committee. | | To determine applications for planning permission and listed building consent which have triggered over 20 representations (for or against) and/or that meet certain criteria with regards to size amongst other issues. Note that certain applications exceed the remit of the Development Committee and these are considered by the Strategic Development Committee. |
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| n | | n | 7 Councillors (each political group may appoint up to 3 substitutes). |
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| 7 Councillors | | |
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| Note - It shall be for the Corporate Director, Housing and Regeneration to determine whether a matter meets any of the above criteria. | | Note - It shall be for the Corporate Director, Housing and Regeneration to determine whether a matter meets any of the above criteria. |
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| n | | n | 3 Members of the Committee |
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| 3 Members of the Committee | | |
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| Section 28.3: Strategic Development Committee Terms of Reference | | Section 28.3: Strategic Development Committee Terms of Reference |
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| n | | n | To determine larger-scale major or strategic planning matters, within and exceeding the remit of the Development Committee in terms of size and scale amongst other issues. |
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| n | | n | 9 Councillors |
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| To determine larger-scale major or strategic planning matters, within and exceeding the remit of the Development Committee in terms of size and scale amongst other issues. | | |
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| 9 Councillors | | |
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| Note - It shall be for the Corporate Director, Housing and Regeneration to determine whether a matter meets any of the above criteria. | | Note - It shall be for the Corporate Director, Housing and Regeneration to determine whether a matter meets any of the above criteria. |
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| n | | n | 3 Members of the Committee |
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| 3 Members of the Committee | | |
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| Section 28.4: Council Guidelines for Determining Planning Applications under the Town and Country Planning Act 1990 | | Section 28.4: Council Guidelines for Determining Planning Applications under the Town and Country Planning Act 1990 |
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| Section 28.5: Strategic Development Committee / Development Committee - Development Procedure Rules | | Section 28.5: Strategic Development Committee / Development Committee - Development Procedure Rules |
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| Subsection 28.5.1: SCOPE | | Subsection 28.5.1: SCOPE |
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| Subsection 28.5.2: REPORTS | | Subsection 28.5.2: REPORTS |
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| Subsection 28.5.3: ADDENDUM UPDATE REPORTS | | Subsection 28.5.3: ADDENDUM UPDATE REPORTS |
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| Subsection 28.5.4: REPRESENTATION AND PETITIONS | | Subsection 28.5.4: REPRESENTATION AND PETITIONS |
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| Subsection 28.5.5: ORDER OF PROCEEDINGS | | Subsection 28.5.5: ORDER OF PROCEEDINGS |
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| Subsection 28.5.6: PUBLIC SPEAKING | | Subsection 28.5.6: PUBLIC SPEAKING |
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| Subsection 28.5.7: COUNCILLORS EXERCISING THEIR PUBLIC SPEAKING RIGHTS | | Subsection 28.5.7: COUNCILLORS EXERCISING THEIR PUBLIC SPEAKING RIGHTS |
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| Subsection 28.5.8: COUNCILLORS WHO ARE NOT MEMBERS OF THE COMMITTEE | | Subsection 28.5.8: COUNCILLORS WHO ARE NOT MEMBERS OF THE COMMITTEE |
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| Subsection 28.5.9: DECISIONS CONTRARY TO OFFICER RECOMMENDATIONS | | Subsection 28.5.9: DECISIONS CONTRARY TO OFFICER RECOMMENDATIONS |
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| Subsection 28.5.10: DECISIONS CONTRARY TO THE DEVELOPMENT PLAN | | Subsection 28.5.10: DECISIONS CONTRARY TO THE DEVELOPMENT PLAN |
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| Subsection 28.5.11: DEFERRALS | | Subsection 28.5.11: DEFERRALS |
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| Subsection 28.5.12: SITE VISIT BEFORE A COMMITTEE MEETING | | Subsection 28.5.12: SITE VISIT BEFORE A COMMITTEE MEETING |
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| Subsection 28.5.13: FORMAL SITE VISITS BY THE COMMITTEE | | Subsection 28.5.13: FORMAL SITE VISITS BY THE COMMITTEE |
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| Subsection 28.5.14: DELEGATED POWERS | | Subsection 28.5.14: DELEGATED POWERS |
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| Subsection 28.5.15: REFERRAL TO COMMITTEE OF A PLANNING APPLICATION DELEGATED TO THE CORPORATE DIRECTOR, HOUSING AND REGENERATION | | Subsection 28.5.15: REFERRAL TO COMMITTEE OF A PLANNING APPLICATION DELEGATED TO THE CORPORATE DIRECTOR, HOUSING AND REGENERATION |
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| Section 28.6: Planning Code of Conduct | | Section 28.6: Planning Code of Conduct |
| n | | n | Training of Councillors |
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| Training of Councillors | | |
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| Tower Hamlets Health and Wellbeing Board | | Tower Hamlets Health and Wellbeing Board |
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| Section 29.1: Introduction | | Section 29.1: Introduction |
| n | | n | The Health and Wellbeing Board provides support in relation to the executive matters set out in the Terms of Reference linked to the Health and Social Care Act 2012. |
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| The Health and Wellbeing Board provides support in relation to the executive matters set out in the Terms of Reference linked to the Health and Social Care Act 2012. | | |
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| Section 29.2: Tower Hamlets Health and Wellbeing Board - Terms of Reference | | Section 29.2: Tower Hamlets Health and Wellbeing Board - Terms of Reference |
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| n | | n | The Health and Social Care Act 2012 created a statutory Health and Wellbeing Board (HWBB) in every Upper-Tier Local Authority in England, effective from April 2013. The HWBB is a formal committee of the local authority charged with promoting greater integration and partnership between bodies from the NHS, public health and local government. |
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| n | | n | The Membership of the Board is as follows: |
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| n | | n | 3 Voting Members of the Committee |
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| The Health and Social Care Act 2012 created a statutory Health and Wellbeing Board (HWBB) in every Upper-Tier Local Authority in England, effective from April 2013. The HWBB is a formal committee of the local authority charged with promoting greater integration and partnership between bodies from the NHS, public health and local government. | | |
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| The Membership of the Board is as follows: | | |
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| 3 Voting Members of the Committee | | |
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| Other Bodies and Panels Involving Members | | Other Bodies and Panels Involving Members |
| n | | n | |
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| Section 30.1: Introduction | | Section 30.1: Introduction |
| n | | n | The Council also operates a number of other bodies and panels to take decisions or offer scrutiny or guidance in a number of specific areas. These are often set up under specific legislation. Those involving Members of the Council are listed here. Others are listed in the Supplementary Documents. Brief Terms of Reference are presented below, whilst full procedures for certain bodies are set out in the Supplementary Documents Pack. |
| | | The currently listed bodies and panels involving Members are: |
| | | The Chief Executive and/or the Mayor may from time to time establish working parties or advisory bodies which include in their membership Councillors and/or officers and/or representatives from partner organisations or the local community. These are not constituted as Committees or Sub-Committees of the Council and are not authorised to make decisions on behalf of the Council. A list of such bodies is maintained and updated by the Monitoring Officer. |
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| The Council also operates a number of other bodies and panels to take decisions or offer scrutiny or guidance in a number of specific areas. These are often set up under specific legislation. Those involving Members of the Council are listed here. Others are listed in the Supplementary Documents. Brief Terms of Reference are presented below, whilst full procedures for certain bodies are set out in the Supplementary Documents Pack. | | |
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| The currently listed bodies and panels involving Members are: | | |
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| The Chief Executive and/or the Mayor may from time to time establish working parties or advisory bodies which include in their membership Councillors and/or officers and/or representatives from partner organisations or the local community. These are not constituted as Committees or Sub-Committees of the Council and are not authorised to make decisions on behalf of the Council. A list of such bodies is maintained and updated by the Monitoring Officer. | | |
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| Section 30.2: Corporate Parenting Board | | Section 30.2: Corporate Parenting Board |
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| Membership of the Corporate Parenting Board | | Membership of the Corporate Parenting Board |
| n | | n | The Corporate Parenting Board is chaired by the Lead Cabinet Member for Children, Schools and Young People. Other members of the Board are represented by lead professionals from agencies within the London Borough of Tower Hamlets and their partners. Including: |
| | | In addition the following Officers are in attendance to report to the group: |
| | | Other Officers and partners may be called in to specific meetings. However, the Corporate Parent Board will do more to engage partner agencies to support the wellbeing of all Looked After Children. This will include partners from education, mental health, Jobcentre Plus (inc DWP), housing and the youth offending service. |
| | | The quorum for the meeting will be: at least 3 members of the group, to include at least 1 Member/deputy Member and at least 1 young person representative. |
| The Corporate Parenting Board is chaired by the Lead Cabinet Member for Children, Schools and Young People. Other members of the Board are represented by lead professionals from agencies within the London Borough of Tower Hamlets and their partners. Including: | | The Corporate Parenting Board will maintain close links with children and young people through the Children in Care Council (CiCC). The Young People’s representative on the Corporate Parenting Board will be nominated by the CiCC and will be accompanied by the Children’s Rights Advocacy Service. |
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| In addition the following Officers are in attendance to report to the group: | | |
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| Other Officers and partners may be called in to specific meetings. However, the Corporate Parent Board will do more to engage partner agencies to support the wellbeing of all Looked After Children. This will include partners from education, mental health, Jobcentre Plus (inc DWP), housing and the youth offending service. | | |
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| The quorum for the meeting will be: at least 3 members of the group, to include at least 1 Member/deputy Member and at least 1 young person representative. | | |
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| The Corporate Parenting Board will maintain close links with children and young people through the Children in Care Council (CiCC). The Young People’s representative on the Corporate Parenting Board will be nominated by the CiCC and will be accompanied by the Children’s Rights Advocacy Service. | | |
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| Terms of Reference | | Terms of Reference |
| n | | n | The CPB will meet formally 4 times a year. The group will: |
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| The CPB will meet formally 4 times a year. The group will: | | |
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| Section 30.3: Fostering Panel Terms of Reference and Procedures | | Section 30.3: Fostering Panel Terms of Reference and Procedures |
| n | | n | |
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| Section 30.4: Freedom of the Borough Ad Hoc Panel Terms of Reference | | Section 30.4: Freedom of the Borough Ad Hoc Panel Terms of Reference |
| n | | n | Summary Description |
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| Summary Description | | |
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| Section 30.5: Pensions Board Terms of Reference and Procedures | | Section 30.5: Pensions Board Terms of Reference and Procedures |
| n | | n | |
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| Subsection 30.5.1: | | Subsection 30.5.1: |
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| n | | n | The Board was created under the Public Service Pensions Act 2013 to assist the Administering Authority (Tower Hamlets Council) in its role as a scheme manager of the scheme. |
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| n | | n | The Board shall consist of 6 voting members, as follows: |
| | | There shall be an equal number of Member and Employer Representatives. |
| | | There shall also be 1 other representative who is not entitled to vote (to be appointed as Chair). |
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| n | | n | A meeting is only quorate when at least one person of each member and employer representatives are present plus an independent chair or 50% of both member and employer representatives are present. A meeting that becomes inquorate may continue but any decisions will be non-binding. |
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| The Board was created under the Public Service Pensions Act 2013 to assist the Administering Authority (Tower Hamlets Council) in its role as a scheme manager of the scheme. | | |
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| The Board shall consist of 6 voting members, as follows: | | |
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| There shall be an equal number of Member and Employer Representatives. | | |
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| There shall also be 1 other representative who is not entitled to vote (to be appointed as Chair). | | |
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| A meeting is only quorate when at least one person of each member and employer representatives are present plus an independent chair or 50% of both member and employer representatives are present. A meeting that becomes inquorate may continue but any decisions will be non-binding. | | |
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| Subsection 30.5.2: | | Subsection 30.5.2: |
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| Section 30.6: Standing Advisory Council on Religious Education (SACRE) Terms of Reference and Procedures | | Section 30.6: Standing Advisory Council on Religious Education (SACRE) Terms of Reference and Procedures |
| n | | n | |
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| Subsection 30.6.1: Summary Description | | Subsection 30.6.1: Summary Description |
| n | | n | |
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| Subsection 30.6.2: Membership | | Subsection 30.6.2: Membership |
| n | | n | |
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| Subsection 30.6.3: Table of Functions | | Subsection 30.6.3: Table of Functions |
| n | | n | |
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| Subsection 30.6.4: Quorum | | Subsection 30.6.4: Quorum |
| n | | n | |
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| Joint Committees Involving Members | | Joint Committees Involving Members |
| n | | n | |
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| As set out in more detail in Section 12, the Council may establish joint arrangements with one or more local authorities and/or their Executives to exercise functions in any of the participating authorities, or advise the Council on any matter. Such arrangements may involve the appointment of a joint Committee with these other local authorities and/or their Executives. | | |
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| The Mayor or Executive may only appoint Executive Members to a join Committee except where: | | |
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| Terms of Reference for the Council’s Joint Committees are set out below. | | |
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| Section 31.1: JOINT ARRANGEMENTS AND PARTNERSHIP WORKING | | Section 31.1: JOINT ARRANGEMENTS AND PARTNERSHIP WORKING |
| n | | n | As set out in more detail in Chapter 13 , the Council, or any officer delegated under the Council's Scheme of Delegation, may establish joint arrangements with one or more local authorities and/or their Executives to exercise functions in any of the participating authorities, or advise the Council on any matter. Such arrangements may involve the appointment of a joint Committee with these other local authorities and/or their Executives. |
| | | The Council or the Executive in order to promote or improve the economic, social or environmental well-being of the whole or any part of the borough, may: |
| | | The Mayor or Executive may establish joint arrangements with one or more local authorities to exercise functions that are executive functions. Such arrangements may involve the appointment of joint Committees with these other local authorities and/ or their Executives. |
| | | The Mayor or Executive may only appoint Executive Members to a joint Committee except where: |
| | | Every person appointed to the joint committee by the Executive may be a member of the Executive or of the Council. |
| | | The political balance requirements do not apply to the appointments in 4 and 5 above. |
| | | Section 101 of the Local Government Act 1972 and section 9EB of the Local Government Act 2000 permit the Council to participate in joint committees. The Council is a Member of joint committees under the umbrella of London Councils (formerly known as the Association of London Government or the ALG). These are- |
| | | Additionally, the Council is also a member of the following joint committees: |
| | | These Joint Committees shall have delegated authority to discharge the functions of the Council as per the terms of reference for these joint committees as set out in Part E, Chapter 31 of this Constitution. |
| | | Further information, including Terms of Reference for Joint Bodies involving Members are set out below. |
| | | Access to information rules are contained in the Access to Information Procedure Rules in Part B, Chapter 10 of the Constitution. |
| | | If all the members of any joint Committee are Members of the Executive in each of the participating authorities then its access to information regime is the same as that applied to the Executive. |
| | | If the joint Committee contains Members who are not on the Executive of any participating authority the access to information rules in Part V of the Local Government Act 1972 will apply. |
| The Council or the Executive in order to promote or improve the economic, social or environmental well-being of the whole or any part of the borough, may: | | The Council or the Mayor or Executive or any officer delegated under the Council’s Scheme of Delegation may delegate their powers and functions to another local authority or, in certain circumstances, the Executive of another local authority. |
| | | The decision whether or not to accept such a delegation from another local authority shall be for Council or the Mayor or Executive or officer delegated under the Council’s Scheme of Delegation as appropriate depending upon how the relevant power or function is assigned or delegated in the authority. |
| | | The Mayor or Executive may contract out to another body or organisation functions which may be exercised by an officer and which are subject to an order under section 70 of the Deregulation and Contracting Out Act 1994, or under contracting arrangements where the contractor acts as the Council’s agent under usual contracting principles, providing there is no delegation of the Council’s discretionary decision making. |
| | | The Tower Hamlets Strategic Partnership brings together all of the key stakeholders in the borough – residents, the Mayor and Council, Police, the health service, other public services, voluntary and community groups, faith communities and businesses – with the aim of working together to improve the quality of life of people who live and work in the borough. The Council provides support for the administration of the Partnership but the Partnership is independent of the local authority. |
| | | The Partnership delivers its vision through The Tower Hamlets Plan 2018-23, which has the key objective - tackling inequality by building a strong, inclusive and fair borough – as well as four themes: |
| | | In order to deliver its vision, the Partnership will review and establish arrangements to support its operation including executive support, development and delivery of initiatives, engagement with stakeholders as well as performance management. |
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| The Council, or any officer delegated under the Council’s Scheme of Delegation, may establish joint arrangements with one or more local authorities and/or their Executives to exercise functions in any of the participating authorities, or advise the Council on any matter. Such arrangements may involve the appointment of a joint Committee with these other local authorities and/ or their Executives. | | |
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| The Mayor or Executive may establish joint arrangements with one or more local authorities to exercise functions that are executive functions. Such arrangements may involve the appointment of joint Committees with these other local authorities and/ or their Executives. | | |
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| The Mayor or Executive may only appoint Executive Members to a joint Committee except where: | | |
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| Every person appointed to the joint committee by the Executive may be a member of the Executive or of the Council. | | |
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| The political balance requirements do not apply to the appointments in 4 and 5 above. | | |
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| Pursuant to section 101 of the Local Government Act 1972 and section 9EB of the Local Government Act 2000 the Council is a member of a number of joint committees under the umbrella of London Councils (formerly known as the Association of London Government or the ALG). These are- | | |
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| Additionally, the Council is also a member of the following joint committees: | | |
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| These Joint Committees shall have delegated authority to discharge the functions of the Council as per the terms of reference for these joint committees as set out in Part B of this Constitution. | | |
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| Access to information rules are contained in the Access to Information Procedure Rules in Part B of the Constitution. | | |
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| If all the members of any joint Committee are Members of the Executive in each of the participating authorities then its access to information regime is the same as that applied to the Executive. | | |
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| If the joint Committee contains Members who are not on the Executive of any participating authority the access to information rules in Part V of the Local Government Act 1972 will apply. | | |
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| The Council or the Mayor or Executive or any officer delegated under the Council’s Scheme of Delegation may delegate their powers and functions to another local authority or, in certain circumstances, the Executive of another local authority. | | |
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| The decision whether or not to accept such a delegation from another local authority shall be for Council or the Mayor or Executive or officer delegated under the Council’s Scheme of Delegation as appropriate depending upon whether or not the powers or functions are the responsibility of the Executive. | | |
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| The Mayor or Executive may contract out to another body or organisation functions which may be exercised by an officer and which are subject to an order under section 70 of the Deregulation and Contracting Out Act 1994, or under contracting arrangements where the contractor acts as the Council’s agent under usual contracting principles, providing there is no delegation of the Council’s discretionary decision making. | | |
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| The Tower Hamlets Strategic Partnership brings together all of the key stakeholders in the borough – residents, the Mayor and Council, Police, the health service, other public services, voluntary and community groups, faith communities and businesses – with the aim of working together to improve the quality of life of people who live and work in the borough. The Council provides support for the administration of the Partnership but the Partnership is independent of the local authority. | | |
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| The Partnership delivers its vision through The Tower Hamlets Plan 2018-23, which has the key objective - tackling inequality by building a strong, inclusive and fair borough – as well as four themes: | | |
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| – this is about ensuring young people are supported to build on their aspirations and achieve their full potential. | | |
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| – this is about helping people be job ready by taking up the skills training available, as well as working with employers to make sure they have practises in place which support the community, through inclusive recruitment, responsible employment and fair access to jobs. | | |
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| – this is about ensuring people are active, and reducing isolation and the fear of crime. | | |
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| – person-centred care, empowering people to live on their own independently. It’s about improving the quality of life for our residents, tackling health inequalities and managing demand for services. | | |
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| In order to deliver its vision, the Partnership will review and establish arrangements to support its operation including executive support, development and delivery of initiatives, engagement with stakeholders as well as performance management. | | |
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| Section 31.2: London Councils Grants Committee Terms of Reference | | Section 31.2: London Councils Grants Committee Terms of Reference |
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| This Committee was established to take decisions in relation to the London Councils Grants Scheme which was established under section 48 of the Local Government Act 1985. The members of the Grants Committee are from the 33 London Boroughs (this includes the City of London). | | This Committee was established to take decisions in relation to the London Councils Grants Scheme which was established under section 48 of the Local Government Act 1985. The members of the Grants Committee are from the 33 London Boroughs (this includes the City of London). |
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| n | | n | |
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| The terms of reference of the Committee are: | | The terms of reference of the Committee are: |
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| n | | n | See for the London Council’s Committee |
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| See for the London Council’s Committee | | |
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| Section 31.3: Inner North East London Joint Health Overview and Scrutiny Committee Terms of Reference | | Section 31.3: Inner North East London Joint Health Overview and Scrutiny Committee Terms of Reference |
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| n | | n | : 1. Regulation 30 of the Local Authority ( Public Health, Health and Wellbeing Boards and Health Scrutiny) Regulations 2013 (Reg 30) ensure that there are sufficient scrutiny procedures and policies in place to cover the cross-Borough wide NHS Sustainability and Transformation Plan (STP). |
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| n | | n | : The INEL JHOSC will be a committee serviced by the participating local authorities on a two-yearly cycle – the current local authority hosting the INEL JHOSC is the London Borough of Newham in accordance with section 101(5) of the Local Government 1972; |
| | | The membership shall be made up of three members from each of the larger participating local authorities and one from the City of London Corporation; making a total of 10 members, with each council’s membership being politically proportionate and with non-executive councillors making up the membership. |
| | | Substitutions will be accepted if a councillor is not able to attend a meeting of the JHOSC and that councillor has informed the Chair and Scrutiny Officer five working days in advance of the meeting. |
| | | Guidance suggests that co-opting people is one method of ensuring involvement of key stakeholders with an interest in, or knowledge of, the issue being scrutinised. This is already a power of overview and scrutiny committees by virtue of the Local Government Act 2000. However, the Guidance also recommends other ways of involving stakeholders by, for example, giving evidence or by acting as advisers to the committee. |
| | | A Chair (from the host authority) will be appointed by the JHOSC at the first meeting. |
| | | A vice-Chair (from non-host local authorities) will be appointment by the JHOSC at the first meeting. Where agreed, a second vice-Chair may also be nominated to ensure parity across the Membership. |
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| n | | n | Consider and respond to any health matter which: Impacts on two or more participating local authorities or on the sub region as a whole, and for which a response has been requested by NHS organisations under Section 244 of the NHS Act 2006; and All participating local authorities agree to consider as an INEL JHOSC |
| | | To collectively review and scrutinise any proposals within the STP that are a substantial development / variation of the NBS or the substantial development / variation of such service where more than one local authority is consulted by the relevant NHS body pursuant to Reg 30; |
| | | To collectively consider whether a specific proposal within the STP that’s is not a substantial development or variation is only relevant for one authority and therefore should be referred to that local authority’s Health Scrutiny Committee for scrutiny; |
| | | In the event that a participating local authority considers that it may wish to consider a discretionary matter itself rather than have it dealt with by the joint committee it shall give notice to the other participating councils and the joint committee shall then not take any decision on the discretionary matter (other than a decision which would not affect the council giving notice) until after the next full Council meeting of the council giving notice in order that the council giving notice may have the opportunity to withdraw delegation of powers in respect of that discretionary matter; |
| : 1. Regulation 30 of the Local Authority ( Public Health, Health and Wellbeing Boards and Health Scrutiny) Regulations 2013 (Reg 30) ensure that there are sufficient scrutiny procedures and policies in place to cover the cross-Borough wide NHS Sustainability and Transformation Plan (STP). | | To require the relevant local NHS body to provide information about the proposals under consideration and where appropriate to require the attendance of a representative of the NHS body to answer such questions as appear to it to be necessary for the discharge of its function; |
| | | Make reports or recommendations to the relevant health bodies as appropriate and/or the constituent authorities’ respective Overview and Scrutiny Committees (OSC) or equivalent; |
| | | Each Council to retain the power of referral to the Secretary of State of any proposed “substantial variation” of service, so this power is not solely delegated to the JHOSC. |
| | | To review the procedural outcome of consultations referred to in any substantial development / variation, particularly the rationale behind contested proposals; |
| | | To undertake in-depth thematic studies in respect of services to which the NHS Trusts contribute and where a study is done on a Trust wide and cross borough basis; |
| | | To take account of relevant information available and in particular any relevant information provided by Healthwatch under their power of referral; |
| | | To maintain effective links with Healthwatch and other patient representative groups and give consideration to their input throughout the Scrutiny process; |
| : The INEL JHOSC will be a committee serviced by the participating local authorities on a two-yearly cycle – the current local authority hosting the INEL JHOSC is the London Borough of Newham in accordance with section 101(5) of the Local Government 1972; | | Quorum: The quorum for meetings will be seven members from at least two local authorities. During any meeting if the Chair counts the number of councillors present and declares there is not a quorum present, then the meeting will adjourn immediately. Remaining business will be considered at a time and date fixed by the Chair. If a date is not fixed, the remaining business will be considered at the next meeting. |
| | | Decisions will be taken by consensus. Where it is not possible to reach a consensus, a decision will be reached by a simple majority of those members present at the meeting. Where there are equal votes the Chair will have the casting vote. |
| | | Prior to the agenda for each meeting of the JHOSC being finalised officers will convene a planning / pre-meeting with the Chairs of the individual HOSC’s or their nominee, along with key individuals presenting papers from the NHS and other informal briefings as considered appropriate; |
| | | In terms of the JHOSC’s conclusions and recommendations the Guidance says that one report has to be produced on behalf of the JHOSC. The final report shall reflect the views of all local authority committees involved in the JHOSC. it will aim to be a consensual report. |
| | | In the event there is a failure to agree a consensual report the report will record any minority report recommendations. At least seven members of the JHOSC must support the inclusion of any separate minority report in the committee’s final report. |
| | | Any report produced by the JHOSC will be submitted to the local authority’s council meetings for information. |
| The membership shall be made up of three members from each of the larger participating local authorities and one from the City of London Corporation; making a total of 10 members, with each council’s membership being politically proportionate and with non-executive councillors making up the membership. | | The NHS body or bodies receiving the report must respond in writing to any requests for responses to the report or recommendations, within 28 days (calendar, not working) of receipt of the request. |
| | | In the event that any local authority exercises its right to refer a substantial variation to the Secretary of State, it shall notify the other local authorities of the action it has taken and any subsequent responses. |
| | | INEL JHOSC to meet quarterly, with at least one meeting within a 12 month period aligned with ONEL JHOSC to consider issues that cover the STP footprint; |
| | | To constitute and meet as a Committee as and when participant boroughs agree to do so subject to the statutory public meeting notice period; |
| | | Meetings will usually be led by each authority rotating on a two-yearly basis with the Chair being a councillor from the current lead local authority; |
| | | The lead authority will be responsible for the servicing of the JHOSC. Suitable officer resources (Legal, Democratic) will be provided to meet the requirements of the committee. This includes (but is not restricted to): |
| Substitutions will be accepted if a councillor is not able to attend a meeting of the JHOSC and that councillor has informed the Chair and Scrutiny Officer five working days in advance of the meeting. | | If there is a specific reason, for example, if the issue to be discussed relates to a proposal specific to the locality of one Local Authority area the meeting venue can change to a more appropriate venue. The lead Local Authority would remain the same, even if the venue changes; |
| | | Any changes to the host authority must be agreed by the committee; |
| | | Agenda and supporting papers to be circulated and made publicly available at least five working days before the meeting; |
| | | Actions to be circulated to those with actions as soon as possible after the meeting – no later than 48hrs following the meeting; |
| | | Minutes of the meeting to be circulated within 10 working days of the meeting; |
| | | Meetings to be held in public, with specific time allocated for public questions; |
| Guidance suggests that co-opting people is one method of ensuring involvement of key stakeholders with an interest in, or knowledge of, the issue being scrutinised. This is already a power of overview and scrutiny committees by virtue of the Local Government Act 2000. However, the Guidance also recommends other ways of involving stakeholders by, for example, giving evidence or by acting as advisers to the committee. | | Members of the public and members of council, provided they give notice in writing or by electronic mail to the proper officer of the host authority (and include their name and address and details of the wording of the petition, and in the case of a statement or question a copy of the submission), by no later than 12 noon ONE WORKING DAY BEFORE the meeting, may present a petition, submit a statement or ask a question at meetings of the JHOSC. The petition, statement or question must relate to the terms of reference and role and responsibility of the committee; |
| | | The total time allowed for dealing with petitions, statements and questions at each meeting is thirty minutes; |
| | | Statements and written questions, provided they are of reasonable length, will be copied and circulated to all members and will be made available to the public at the meeting; |
| | | There will be no debate in relation to any petitions, statements and questions raised at the meeting but the committee will resolve; |
| | | Questions will be directed to the appropriate Director or organisation to provide a written response directly to the questioner. Appropriately redacted copies of responses will be published on the host authority’s website within 28 days. |
| | | Details of the questions and answers will be included on the following meeting’s agenda. |
| A Chair (from the host authority) will be appointed by the JHOSC at the first meeting. | | Scrutiny undertaken through the JHOSC will be focused on improving the health and health services for residents in areas served by the JHOSC through the provision and commissioning of NHS services for those residents; |
| | | Improving health and health services through scrutiny will be open and transparent to Members of the Local Authority, health organisations and members of the public. |
| | | All Members, officers, members of the public and patient representatives involved in improving health and health services through scrutiny will be treated with courtesy and respect at all times. |
| | | Improving health and health services through scrutiny is most likely to be achieved through co-operation and collaboration between representatives of the various Local Councils, NHS Trusts, representatives of Healthwatch and the Clinical Commissioning Groups commissioning hospital services; |
| | | Co-operation and joint working will be developed over time through mutual trust and respect with the objective of improving health and health services for local people through effective scrutiny. |
| | | All agencies will be committed to working together in mutual co-operation to share knowledge and deal with requests for information and reports for the JHOSC within the time scales set down. |
| A vice-Chair (from non-host local authorities) will be appointment by the JHOSC at the first meeting. Where agreed, a second vice-Chair may also be nominated to ensure parity across the Membership. | | The JHOSC will give reasonable notice of requests for information, reports and attendance at meetings. |
| | | The JHOSC, whilst working within a framework of collaboration, mutual trust and co-operation, will always operate independently of the NHS and have the authority to hold views independent of other Members of representative Councils and their Executives; |
| | | The independence of the JHOSC must not be compromised by its Members, by other Members of the Council or any of the Councils’ Executives, or by any other organisation it works with; |
| | | Those involved in improving health and health services through scrutiny will always declare any particular interest that they may have in particular pieces of work or investigation being undertaken by the JHOSC and thus may withdraw from the meeting as they consider appropriate; |
| | | The JHOSC will not to take up and scrutinise individual concerns or individual complaints. |
| | | Where a wider principle has been highlighted through such a complaint or concern, the JHOSC should consider if further scrutiny is required. In such circumstances it is the principle and not the individual concern that will be subject to scrutiny. |
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| Consider and respond to any health matter which: Impacts on two or more participating local authorities or on the sub region as a whole, and for which a response has been requested by NHS organisations under Section 244 of the NHS Act 2006; and All participating local authorities agree to consider as an INEL JHOSC | | |
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| To collectively review and scrutinise any proposals within the STP that are a substantial development / variation of the NBS or the substantial development / variation of such service where more than one local authority is consulted by the relevant NHS body pursuant to Reg 30; | | |
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| To collectively consider whether a specific proposal within the STP that’s is not a substantial development or variation is only relevant for one authority and therefore should be referred to that local authority’s Health Scrutiny Committee for scrutiny; | | |
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| In the event that a participating local authority considers that it may wish to consider a discretionary matter itself rather than have it dealt with by the joint committee it shall give notice to the other participating councils and the joint committee shall then not take any decision on the discretionary matter (other than a decision which would not affect the council giving notice) until after the next full Council meeting of the council giving notice in order that the council giving notice may have the opportunity to withdraw delegation of powers in respect of that discretionary matter; | | |
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| To require the relevant local NHS body to provide information about the proposals under consideration and where appropriate to require the attendance of a representative of the NHS body to answer such questions as appear to it to be necessary for the discharge of its function; | | |
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| Make reports or recommendations to the relevant health bodies as appropriate and/or the constituent authorities’ respective Overview and Scrutiny Committees (OSC) or equivalent; | | |
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| Each Council to retain the power of referral to the Secretary of State of any proposed “substantial variation” of service, so this power is not solely delegated to the JHOSC. | | |
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| To review the procedural outcome of consultations referred to in any substantial development / variation, particularly the rationale behind contested proposals; | | |
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| To undertake in-depth thematic studies in respect of services to which the NHS Trusts contribute and where a study is done on a Trust wide and cross borough basis; | | |
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| To take account of relevant information available and in particular any relevant information provided by Healthwatch under their power of referral; | | |
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| To maintain effective links with Healthwatch and other patient representative groups and give consideration to their input throughout the Scrutiny process; | | |
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| Quorum: The quorum for meetings will be seven members from at least two local authorities. During any meeting if the Chair counts the number of councillors present and declares there is not a quorum present, then the meeting will adjourn immediately. Remaining business will be considered at a time and date fixed by the Chair. If a date is not fixed, the remaining business will be considered at the next meeting. | | |
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| Decisions will be taken by consensus. Where it is not possible to reach a consensus, a decision will be reached by a simple majority of those members present at the meeting. Where there are equal votes the Chair will have the casting vote. | | |
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| Prior to the agenda for each meeting of the JHOSC being finalised officers will convene a planning / pre-meeting with the Chairs of the individual HOSC’s or their nominee, along with key individuals presenting papers from the NHS and other informal briefings as considered appropriate; | | |
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| In terms of the JHOSC’s conclusions and recommendations the Guidance says that one report has to be produced on behalf of the JHOSC. The final report shall reflect the views of all local authority committees involved in the JHOSC. it will aim to be a consensual report. | | |
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| In the event there is a failure to agree a consensual report the report will record any minority report recommendations. At least seven members of the JHOSC must support the inclusion of any separate minority report in the committee’s final report. | | |
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| Any report produced by the JHOSC will be submitted to the local authority’s council meetings for information. | | |
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| The NHS body or bodies receiving the report must respond in writing to any requests for responses to the report or recommendations, within 28 days (calendar, not working) of receipt of the request. | | |
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| In the event that any local authority exercises its right to refer a substantial variation to the Secretary of State, it shall notify the other local authorities of the action it has taken and any subsequent responses. | | |
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| INEL JHOSC to meet quarterly, with at least one meeting within a 12 month period aligned with ONEL JHOSC to consider issues that cover the STP footprint; | | |
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| To constitute and meet as a Committee as and when participant boroughs agree to do so subject to the statutory public meeting notice period; | | |
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| Meetings will usually be led by each authority rotating on a two-yearly basis with the Chair being a councillor from the current lead local authority; | | |
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| The lead authority will be responsible for the servicing of the JHOSC. Suitable officer resources (Legal, Democratic) will be provided to meet the requirements of the committee. This includes (but is not restricted to): | | |
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| If there is a specific reason, for example, if the issue to be discussed relates to a proposal specific to the locality of one Local Authority area the meeting venue can change to a more appropriate venue. The lead Local Authority would remain the same, even if the venue changes; | | |
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| Any changes to the host authority must be agreed by the committee; | | |
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| Agenda and supporting papers to be circulated and made publicly available at least five working days before the meeting; | | |
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| Actions to be circulated to those with actions as soon as possible after the meeting – no later than 48hrs following the meeting; | | |
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| Minutes of the meeting to be circulated within 10 working days of the meeting; | | |
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| Meetings to be held in public, with specific time allocated for public questions; | | |
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| Members of the public and members of council, provided they give notice in writing or by electronic mail to the proper officer of the host authority (and include their name and address and details of the wording of the petition, and in the case of a statement or question a copy of the submission), by no later than 12 noon ONE WORKING DAY BEFORE the meeting, may present a petition, submit a statement or ask a question at meetings of the JHOSC. The petition, statement or question must relate to the terms of reference and role and responsibility of the committee; | | |
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| The total time allowed for dealing with petitions, statements and questions at each meeting is thirty minutes; | | |
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| Statements and written questions, provided they are of reasonable length, will be copied and circulated to all members and will be made available to the public at the meeting; | | |
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| There will be no debate in relation to any petitions, statements and questions raised at the meeting but the committee will resolve; | | |
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| Questions will be directed to the appropriate Director or organisation to provide a written response directly to the questioner. Appropriately redacted copies of responses will be published on the host authority’s website within 28 days. | | |
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| Details of the questions and answers will be included on the following meeting’s agenda. | | |
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| Scrutiny undertaken through the JHOSC will be focused on improving the health and health services for residents in areas served by the JHOSC through the provision and commissioning of NHS services for those residents; | | |
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| Improving health and health services through scrutiny will be open and transparent to Members of the Local Authority, health organisations and members of the public. | | |
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| All Members, officers, members of the public and patient representatives involved in improving health and health services through scrutiny will be treated with courtesy and respect at all times. | | |
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| Improving health and health services through scrutiny is most likely to be achieved through co-operation and collaboration between representatives of the various Local Councils, NHS Trusts, representatives of Healthwatch and the Clinical Commissioning Groups commissioning hospital services; | | |
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| Co-operation and joint working will be developed over time through mutual trust and respect with the objective of improving health and health services for local people through effective scrutiny. | | |
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| The JHOSC will give reasonable notice of requests for information, reports and attendance at meetings. | | |
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| The JHOSC, whilst working within a framework of collaboration, mutual trust and co-operation, will always operate independently of the NHS and have the authority to hold views independent of other Members of representative Councils and their Executives; | | |
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| The independence of the JHOSC must not be compromised by its Members, by other Members of the Council or any of the Councils’ Executives, or by any other organisation it works with; | | |
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| Those involved in improving health and health services through scrutiny will always declare any particular interest that they may have in particular pieces of work or investigation being undertaken by the JHOSC and thus may withdraw from the meeting as they consider appropriate; | | |
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| The JHOSC will not to take up and scrutinise individual concerns or individual complaints. | | |
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| Where a wider principle has been highlighted through such a complaint or concern, the JHOSC should consider if further scrutiny is required. In such circumstances it is the principle and not the individual concern that will be subject to scrutiny. | | |
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| Section 31.4: Joint Committee of the Six Growth Boroughs Terms of Reference | | Section 31.4: Joint Committee of the Six Growth Boroughs Terms of Reference |
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| The Joint Committee of the Six Growth Boroughs is a joint committee pursuant to section 101(5) of the Local Government Act 1972. It consists of 12 Members, comprising two Members nominated by the Executive from each of the 6 boroughs, namely the London Boroughs of Barking and Dagenham, Hackney, Newham, Tower Hamlets, and Waltham Forest, and the Royal Borough of Greenwich, for a maximum period not exceeding beyond and Member’s remaining terms of office as a councillor | | The Joint Committee of the Six Growth Boroughs is a joint committee pursuant to section 101(5) of the Local Government Act 1972. It consists of 12 Members, comprising two Members nominated by the Executive from each of the 6 boroughs, namely the London Boroughs of Barking and Dagenham, Hackney, Newham, Tower Hamlets, and Waltham Forest, and the Royal Borough of Greenwich, for a maximum period not exceeding beyond and Member’s remaining terms of office as a councillor |
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| To act as a joint committee of the London Boroughs of Hackney, Newham, Tower Hamlets, Waltham Forest, and Barking and Dagenham, and the Royal Borough of Greenwich (the six boroughs) for joint collaboration in relation to convergence and legacy and to discharge on behalf of the boroughs the executive functions listed below in so far as they relate to joint activities or areas of common concern in relation to convergence and legacy, as agreed in the business plan: | | To act as a joint committee of the London Boroughs of Hackney, Newham, Tower Hamlets, Waltham Forest, and Barking and Dagenham, and the Royal Borough of Greenwich (the six boroughs) for joint collaboration in relation to convergence and legacy and to discharge on behalf of the boroughs the executive functions listed below in so far as they relate to joint activities or areas of common concern in relation to convergence and legacy, as agreed in the business plan: |
| | | Any other executive functions relating to joint activities or areas of common concern in relation to convergence and legacy in relation to which funding is allocated through the annual budget or in respect of which external funding or any other financial resources are allocated to the joint committee. |
| | | The governance arrangements provide flexibility so that one or more but less than six boroughs can opt out of certain projects insofar as they relate to joint activities or areas of concern. It is within the capacity of the Joint Committee to agree that one or more but less than six boroughs may participate in work with other authorities outside the growth borough arrangements. The Joint Committee will agree any particular project will be undertaken by one or more boroughs outside the responsibilities of the Joint Committee. |
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| Any other executive functions relating to joint activities or areas of common concern in relation to convergence and legacy in relation to which funding is allocated through the annual budget or in respect of which external funding or any other financial resources are allocated to the joint committee. | | |
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| The governance arrangements provide flexibility so that one or more but less than six boroughs can opt out of certain projects insofar as they relate to joint activities or areas of concern. It is within the capacity of the Joint Committee to agree that one or more but less than six boroughs may participate in work with other authorities outside the growth borough arrangements. The Joint Committee will agree any particular project will be undertaken by one or more boroughs outside the responsibilities of the Joint Committee. | | |
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| At least 1 Member from each of the 6 boroughs | | At least 1 Member from each of the 6 boroughs |
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| Section 31.5: London Council’s Committee (known as the Leader’s Committee) Terms of Reference | | Section 31.5: London Council’s Committee (known as the Leader’s Committee) Terms of Reference |
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| The Leaders’ Committee is comprised of the Leader / Mayor of each of the 33 London Local Authorities | | The Leaders’ Committee is comprised of the Leader / Mayor of each of the 33 London Local Authorities |
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| The terms of reference of the Committee are set out in full in the Agreement dated 1st April 2000 and are summarised below: | | The terms of reference of the Committee are set out in full in the Agreement dated 1st April 2000 and are summarised below: |
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| The rules of debate and procedure for the conduct of meetings of the Leaders’ Committee are set out in Standing Orders contained in the 1 April 2000 Agreement and which are also published on the London Councils’ website. London Councils is also required to comply with Financial Regulations contained in the ALG Agreement. These Standing Orders and Financial Regulations also apply to the other London Councils joint committees detailed below. | | The rules of debate and procedure for the conduct of meetings of the Leaders’ Committee are set out in Standing Orders contained in the 1 April 2000 Agreement and which are also published on the London Councils’ website. London Councils is also required to comply with Financial Regulations contained in the ALG Agreement. These Standing Orders and Financial Regulations also apply to the other London Councils joint committees detailed below. |
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| Section 31.6: Pensions CIV Sectoral Committee Terms of Reference and Procedures | | Section 31.6: Pensions CIV Sectoral Committee Terms of Reference and Procedures |
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| n | | n | Each London Local Authority participating in the arrangements shall appoint a representative to the Committee being either the Leader of the authority or the elected mayor as appropriate or a deputy appointed for these purposes. |
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| n | | n | The Pensions CIV Joint Committee will in practice be fulfilling two roles: |
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| n | | n | : As set out in the Standing Orders of London Councils |
| | | The Pensions CIV Joint Committee is a sectoral joint committee operating under the London Councils governance arrangements. (The London Councils’ Governing Agreement dated 13 December 2001 (as amended), London Councils’ Standing Orders, Financial Regulations and other policies and procedures as relevant.) |
| | | Each London local authority participating in the arrangements shall appoint a representative to the Pensions CIV Joint Committee being either the Leader of the local authority or the elected mayor as applicable or a deputy appointed for these purposes. (Clause 4.5 of the London Councils’ Governing Agreement dated 13 December 2001 (as amended).) |
| | | The Pensions CIV Joint Committee shall appoint a Chair and Vice-Chair. |
| | | The Pensions CIV Joint Committee shall meet at least once each year to act as a forum for the participating authorities to consider and provide guidance on the direction and performance of the CIV, In addition, members of the Pensions CIV Joint Committee shall meet at least once each year at an Annual General Meeting of the ACS Operator in their capacity as representing shareholders of the ACS Operator. |
| | | Subject to Paragraph 8 above, meetings of the Pensions CIV Joint Committee shall be called in accordance with London Councils’ Standing Orders and the procedure to be adopted at such meetings shall be determined in accordance with those Standing Orders. |
| | | If the Pensions CIV Joint Committee is required to make decisions on specialist matters in which the members of the Pensions CIV Joint Committee do not have expertise the Pensions CIV Joint Committee shall arrange for an adviser(s) to attend the relevant meeting to provide specialist advice to members of the Pensions CIV Joint Committee. |
| | | The requirements of the Standing Orders of London Councils regarding quorum and voting shall apply to meetings of the Pensions CIV Joint Committee. |
| | | To act as a representative body for those London local authorities that have chosen to take a shareholding in the Authorised Contractual Scheme (ACS) Operator company established for the purposes of a London Pensions Common Investment Vehicle (CIV). |
| | | To exercise functions of the participating London local authorities involving the exercise of sections 1 and 4 of the Localism Act 2011 where that relates to the actions of the participating London local authorities as shareholders of the ACS Operator company. |
| | | To act as a forum for the participating authorities to consider and provide guidance on the direction and performance of the CIV and, in particular, to receive and consider reports and information from the ACS Operator particularly performance information and to provide comment and guidance in response (in so far as required and permitted by Companies Act 2006 requirements and FCA regulations). |
| Each London Local Authority participating in the arrangements shall appoint a representative to the Committee being either the Leader of the authority or the elected mayor as appropriate or a deputy appointed for these purposes. | | In addition, members of the Pensions CIV Joint Committee will meet at least once each year at an Annual General Meeting of the ACS Operator to take decisions on behalf of the participating London local authorities in their capacity as shareholders exercising the shareholder rights in relation to the Pensions CIV Authorised Contractual Scheme operator (as provided in the Companies Act 2006 and the Articles of Association of the ACS Operator company) and to communicate these decisions to the Board of the ACS Operator company. These include: |
| | | Overview The Pensions CIV Joint Committee will in practice be fulfilling two roles: |
| | | There are various differences between the Committee meetings and the Shareholder Meetings, both in terms of how they are convened and who can attend. These differences are summarised below. In practice, the best way to conduct business is for a meeting of shareholders to be convened at the rising of the Joint Committee so that shareholders business can be transacted including any necessary formalising of any business of the joint committee: |
| | | Committee Meetings The conduct of London Councils committee meetings are governed by London Councils’ Standing Orders which are contained in Schedule 6 of the Leaders’ Committee Governing Agreement. |
| | | Shareholder Meetings The Shareholder Meetings are private meetings of the shareholders of the ACS Operator and only shareholders or their appointed representative may attend. |
| | | The conduct of the shareholder meetings will also be governed by London Councils’ Standing Orders as far as these are compatible with company law, or by company law where the requirements are different e.g. notice periods are longer under company law and there are rules around proxies which must be followed. |
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| The Pensions CIV Joint Committee will in practice be fulfilling two roles: | | |
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| : As set out in the Standing Orders of London Councils | | |
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| The Pensions CIV Joint Committee is a sectoral joint committee operating under the London Councils governance arrangements. (The London Councils’ Governing Agreement dated 13 December 2001 (as amended), London Councils’ Standing Orders, Financial Regulations and other policies and procedures as relevant.) | | |
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| 1.a.2 Each London local authority participating in the arrangements shall appoint a representative to the Pensions CIV Joint Committee being either the Leader of the local authority or the elected mayor as applicable or a deputy appointed for these purposes. (Clause 4.5 of the London Councils’ Governing Agreement dated 13 December 2001 (as amended).) | | |
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| The Pensions CIV Joint Committee shall appoint a Chair and Vice-Chair. | | |
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| The Pensions CIV Joint Committee shall meet at least once each year to act as a forum for the participating authorities to consider and provide guidance on the direction and performance of the CIV, In addition, members of the Pensions CIV Joint Committee shall meet at least once each year at an Annual General Meeting of the ACS Operator in their capacity as representing shareholders of the ACS Operator. | | |
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| Subject to Clause 1.a.4 above, meetings of the Pensions CIV Joint Committee shall be called in accordance with London Councils’ Standing Orders and the procedure to be adopted at such meetings shall be determined in accordance with those Standing Orders. | | |
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| If the Pensions CIV Joint Committee is required to make decisions on specialist matters in which the members of the Pensions CIV Joint Committee do not have expertise the Pensions CIV Joint Committee shall arrange for an adviser(s) to attend the relevant meeting to provide specialist advice to members of the Pensions CIV Joint Committee. | | |
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| The requirements of the Standing Orders of London Councils regarding quorum and voting shall apply to meetings of the Pensions CIV Joint Committee. | | |
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| To act as a representative body for those London local authorities that have chosen to take a shareholding in the Authorised Contractual Scheme (ACS) Operator company established for the purposes of a London Pensions Common Investment Vehicle (CIV). | | |
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| To exercise functions of the participating London local authorities involving the exercise of sections 1 and 4 of the Localism Act 2011 where that relates to the actions of the participating London local authorities as shareholders of the ACS Operator company. | | |
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| To act as a forum for the participating authorities to consider and provide guidance on the direction and performance of the CIV and, in particular, to receive and consider reports and information from the ACS Operator particularly performance information and to provide comment and guidance in response (in so far as required and permitted by Companies Act 2006 requirements and FCA regulations). | | |
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| In addition, members of the Pensions CIV Joint Committee will meet at least once each year at an Annual General Meeting of the ACS Operator to take decisions on behalf of the participating London local authorities in their capacity as shareholders exercising the shareholder rights in relation to the Pensions CIV Authorised Contractual Scheme operator (as provided in the Companies Act 2006 and the Articles of Association of the ACS Operator company) and to communicate these decisions to the Board of the ACS Operator company. These include: | | |
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| 1. Overview | | |
| The Pensions CIV Joint Committee will in practice be fulfilling two roles: | | |
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| There are various differences between the Committee meetings and the Shareholder Meetings, both in terms of how they are convened and who can attend. These differences are summarised below. In practice, the best way to conduct business is for a meeting of shareholders to be convened at the rising of the Joint Committee so that shareholders business can be transacted including any necessary formalising of any business of the joint committee: | | |
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| 2. Committee Meetings | | |
| The conduct of London Councils committee meetings are governed by London Councils’ Standing Orders which are contained in Schedule 6 of the Leaders’ Committee Governing Agreement. | | |
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| 3. Shareholder Meetings | | |
| The Shareholder Meetings are private meetings of the shareholders of the ACS Operator and only shareholders or their appointed representative may attend. | | |
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| The conduct of the shareholder meetings will also be governed by London Councils’ Standing Orders as far as these are compatible with company law, or by company law where the requirements are different e.g. notice periods are longer under company law and there are rules around proxies which must be followed. | | |
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| Section 31.7: London Councils’ Transport and Environment Committee Terms of Reference | | Section 31.7: London Councils’ Transport and Environment Committee Terms of Reference |
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| n | | n | |
| | | This Committee was established under an Agreement dated 15 January 1998, which was varied by Agreements dated 13 December 2001 and 1 May 2003. The Committee is comprised of 1 councillor from each of the London Local Authorities and Transport for London |
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| This Committee was established under an Agreement dated 15 January 1998, which was varied by Agreements dated 13 December 2001 and 1 May 2003. The Committee is comprised of 1 councillor from each of the London Local Authorities and Transport for London | | |
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| The terms of reference of the Committee are set out in full in the Agreements dated 13th December 2001 and 1st May 2003 and are summarised below: | | The terms of reference of the Committee are set out in full in the Agreements dated 13th December 2001 and 1st May 2003 and are summarised below: |
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| n | | n | See for the London Council’s Committee above |
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| See for the London Council’s Committee above | | |
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| Other Joint and Local Bodies | | Other Joint and Local Bodies |
| n | | n | |
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| Section 32.1: Regional Adoption Panel Terms of Reference and Procedures | | Section 32.1: Regional Adoption Panel Terms of Reference and Procedures |
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| Subsection 32.1.1: Adoption Panel Terms of Reference | | Subsection 32.1.1: Adoption Panel Terms of Reference |
| n | | n | |
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| Subsection 32.1.2: Adoption Panel Procedures | | Subsection 32.1.2: Adoption Panel Procedures |
| n | | n | |
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| Section 32.2: The Channel Panel Terms of Reference | | Section 32.2: The Channel Panel Terms of Reference |
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| n | | n | The Counter Terrorism and Security Act 2015 sets out the statutory duty on local authorities to provide support for people vulnerable from being drawn into terrorism. This duty is met through the Channel Panel. |
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| n | | n | The Panel is chaired by the local authority and comprises of the Deputy Chair, representatives from Adult Social Care, Children’s Social Care, the Metropolitan Police, East London NHS Foundation Trust, National Probation Service, National Health Service, and London Borough of Tower Hamlets Community Safety Service. Additional members to the Panel can also be appointed on an ad hoc basis. |
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| n | | n | : Three voting members including the Chair or Vice Chair and a panel member not employed by the local authority. All decisions are by way of a majority vote with the Chair holding the casting vote (as set out in the Channel Duty Guidance 2020) |
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| The Counter Terrorism and Security Act 2015 sets out the statutory duty on local authorities to provide support for people vulnerable from being drawn into terrorism. This duty is met through the Channel Panel. | | |
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| The Panel is chaired by the local authority and comprises of the Deputy Chair, representatives from Adult Social Care, Children’s Social Care, the Metropolitan Police, East London NHS Foundation Trust, National Probation Service, National Health Service, and London Borough of Tower Hamlets Community Safety Service. Additional members to the Panel can also be appointed on an ad hoc basis. | | |
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| : Three voting members including the Chair or Vice Chair and a panel member not employed by the local authority. All decisions are by way of a majority vote with the Chair holding the casting vote (as set out in the Channel Duty Guidance 2020) | | |
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| Section 32.3: Children’s Social Care Complaint Review Panel Terms of Reference | | Section 32.3: Children’s Social Care Complaint Review Panel Terms of Reference |
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| n | | n | The Children Act 1989 Representations Procedure (England) Regulations 2006 (‘the 2006 Regulations’) provides that local authorities are required to put in place systems for complaints to be made verbally to a member of staff or in writing about the actions, decisions or apparent failings of a local authority’s children’s social services provision. Complaints can be made by the child or young person and to allow any other appropriate person to act on behalf of the child or young person concerned or make a complaint in their own right. |
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| n | | n | The Panel consists of three independent people and independent means a person who is neither a member nor an officer of the Council, nor the spouse or civil partner of such a person. The Independent Person appointed to Stage 2 may not be a member of the Panel. |
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| n | | n | All three independent members of the panel |
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| The Children Act 1989 Representations Procedure (England) Regulations 2006 (‘the 2006 Regulations’) provides that local authorities are required to put in place systems for complaints to be made verbally to a member of staff or in writing about the actions, decisions or apparent failings of a local authority’s children’s social services provision. Complaints can be made by the child or young person and to allow any other appropriate person to act on behalf of the child or young person concerned or make a complaint in their own right. | | |
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| The Panel consists of three independent people and independent means a person who is neither a member nor an officer of the Council, nor the spouse or civil partner of such a person. The Independent Person appointed to Stage 2 may not be a member of the Panel. | | |
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| All three independent members of the panel | | |
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| Section 32.4: Private Fostering Panel Procedure | | Section 32.4: Private Fostering Panel Procedure |
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| n | | n | To consider private fostering arrangements and related issues. |
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| n | | n | The Panel can have up to ten Members including the Chair, Vice-Chair, medical representative, education representative, independent member, and agency member. Advisors to the Panel can also be appointed. |
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| n | | n | : Three voting members including a panel member not employed by the Children’s Directorate and also either the Chair or Vice Chair. |
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| To consider private fostering arrangements and related issues. | | |
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| The Panel can have up to ten Members including the Chair, Vice-Chair, medical representative, education representative, independent member, and agency member. Advisors to the Panel can also be appointed. | | |
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| : Three voting members including a panel member not employed by the Children’s Directorate and also either the Chair or Vice Chair. | | |
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| Section 32.5: Additional Guidance and Procedures | | Section 32.5: Additional Guidance and Procedures |
| n | | n | This guidance and procedure should be used by: |
| | | Panel status |
| | | In addition, the panel should provide a quality assurance function, as set out in the National Minimum Standards for Private Fostering: |
| | | The private fostering panel will provide a quality assurance function in relation to the assessment process – in particular: |
| | | The panel can have up to ten members and will include: |
| | | This will usually be a person employed by the London Borough of Tower Hamlets who is independent of the direct line management of Tower Hamlets’ Private Fostering Service. This person should be someone with suitable skills and experience in order to chair a private fostering panel and make judgements concerning children and carers. They should also have a recognised social work qualification. |
| | | In Tower Hamlets, the panel chair will be the Service Manager for Child Protection & Reviewing Service. The chair will have particular responsibilities for: |
| | | This will be the Service Manager, Family Support and Protection and Private Fostering. The vice chair is to deputise for the panel chair in their absence. |
| This guidance and procedure should be used by: | | This will be a Safeguarding Professional from the Primary Care Trust. |
| | | This will be a direct representative from education or someone who is involved in promoting the educational needs of children/young people. |
| | | This will be an independent member who is registered with the GSCC and has the necessary skills and experience in private fostering to fulfil this role. |
| | | This will be a person who has extensive experience of private fostering within an appropriately determined community. |
| | | The purpose of this post is to provide legal and regulatory advice to the panel and Tower Hamlets’ Private Fostering Service. In reaching a decision, the legal adviser’s view should be noted. |
| | | The role of the panel administrator: |
| | | New members can only be appointed with the agreement of the chair of the private fostering panel and could include professionals with expertise and experience in safeguarding children being cared for by alternative carers, housing law and policy, law enforcement, cultural, diversity and equality issues. |
| Panel status | | Prior to appointment, they should be inducted and receive a detailed briefing and written guidance from the panel chair or vice chair. |
| | | Panel membership will be reviewed on an ongoing basis to reflect governmental policies, initiatives and the needs of the community. A private fostering panel member shall hold office for a term not exceeding three years, and will be reviewed by the panel chair after two consecutive terms to ensure their continued suitability to fulfil their panel membership role. |
| | | All panel members must have a completed Enhanced Criminal Records Bureau check and, where they are not employed by a partnership agency, they should also provide photographic identification in the form of a passport or driver’s licence. |
| | | The private fostering panel cannot sit unless it is quorate. To be quorate, there must be at least three voting members including a panel member not employed by the Children’s Directorate and also including either the chair or vice chair. |
| | | During meetings, the panel chair should ensure that each panel member has an opportunity to raise any appropriate matter, comment and to participate fully. Following discussion, each panel member should be asked in turn whether or not he/she is satisfied as to agreeing the suitability of the private fostering arrangement. An attempt should be made by the chairperson to facilitate the panel reaching a consensus. This will not always be possible. |
| | | An evenly divided panel will suggest that there is sufficient doubt about the suitability of a private fostering arrangement and at such times the panel’s decision will always favour the best interests of the child. |
| | | Where there is a serious difference of opinion amongst members, the chairperson may ask for more information to be made available to the panel before a decision can be made. The chairperson should ensure that a record is made in the panel minutes of any significant reservations expressed by individual panel members about a particular decision. |
| In addition, the panel should provide a quality assurance function, as set out in the National Minimum Standards for Private Fostering: | | In the event of the majority of the panel not supporting a decision then the decision should not be made and the reasons for this clearly recorded. |
| | | The Agency Decision Maker |
| | | Panel minutes |
| | | Expenses |
| | | Frequency and venue |
| | | Emergency panels |
| The private fostering panel will provide a quality assurance function in relation to the assessment process – in particular: | | Training |
| | | Confidentiality |
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| The panel can have up to ten members and will include: | | |
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| This will usually be a person employed by the London Borough of Tower Hamlets who is independent of the direct line management of Tower Hamlets’ Private Fostering Service. This person should be someone with suitable skills and experience in order to chair a private fostering panel and make judgements concerning children and carers. They should also have a recognised social work qualification. | | |
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| In Tower Hamlets, the panel chair will be the Service Manager for Child Protection & Reviewing Service. The chair will have particular responsibilities for: | | |
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| This will be the Service Manager, Family Support and Protection and Private Fostering. The vice chair is to deputise for the panel chair in their absence. | | |
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| This will be a Safeguarding Professional from the Primary Care Trust. | | |
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| This will be a direct representative from education or someone who is involved in promoting the educational needs of children/young people. | | |
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| This will be an independent member who is registered with the GSCC and has the necessary skills and experience in private fostering to fulfil this role. | | |
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| This will be a person who has extensive experience of private fostering within an appropriately determined community. | | |
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| The purpose of this post is to provide legal and regulatory advice to the panel and Tower Hamlets’ Private Fostering Service. In reaching a decision, the legal adviser’s view should be noted. | | |
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| The role of the panel administrator: | | |
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| New members can only be appointed with the agreement of the chair of the private fostering panel and could include professionals with expertise and experience in safeguarding children being cared for by alternative carers, housing law and policy, law enforcement, cultural, diversity and equality issues. | | |
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| Prior to appointment, they should be inducted and receive a detailed briefing and written guidance from the panel chair or vice chair. | | |
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| Panel membership will be reviewed on an ongoing basis to reflect governmental policies, initiatives and the needs of the community. A private fostering panel member shall hold office for a term not exceeding three years, and will be reviewed by the panel chair after two consecutive terms to ensure their continued suitability to fulfil their panel membership role. | | |
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| All panel members must have a completed Enhanced Criminal Records Bureau check and, where they are not employed by a partnership agency, they should also provide photographic identification in the form of a passport or driver’s licence. | | |
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| The private fostering panel cannot sit unless it is quorate. To be quorate, there must be at least three voting members including a panel member not employed by the Children’s Directorate and also including either the chair or vice chair. | | |
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| During meetings, the panel chair should ensure that each panel member has an opportunity to raise any appropriate matter, comment and to participate fully. Following discussion, each panel member should be asked in turn whether or not he/she is satisfied as to agreeing the suitability of the private fostering arrangement. An attempt should be made by the chairperson to facilitate the panel reaching a consensus. This will not always be possible. | | |
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| An evenly divided panel will suggest that there is sufficient doubt about the suitability of a private fostering arrangement and at such times the panel’s decision will always favour the best interests of the child. | | |
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| Where there is a serious difference of opinion amongst members, the chairperson may ask for more information to be made available to the panel before a decision can be made. The chairperson should ensure that a record is made in the panel minutes of any significant reservations expressed by individual panel members about a particular decision. | | |
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| In the event of the majority of the panel not supporting a decision then the decision should not be made and the reasons for this clearly recorded. | | |
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| The Agency Decision Maker | | |
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| Panel minutes | | |
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| Expenses | | |
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| Frequency and venue | | |
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| Emergency panels | | |
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| Training | | |
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| Confidentiality | | |
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| Section 32.6: Safeguarding Adults Board | | Section 32.6: Safeguarding Adults Board |
| n | | n | |
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| Subsection 32.6.1: Summary Description | | Subsection 32.6.1: Summary Description |
| n | | n | |
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| Subsection 32.6.2: Membership: | | Subsection 32.6.2: Membership: |
| n | | n | |
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| Subsection 32.6.3: Table of Functions | | Subsection 32.6.3: Table of Functions |
| n | | n | |
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| Subsection 32.6.4: Quorum | | Subsection 32.6.4: Quorum |
| n | | n | |
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| Subsection 32.6.5: Additional Information and Procedures | | Subsection 32.6.5: Additional Information and Procedures |
| n | | n | |
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| Section 32.7: School Admissions Forum | | Section 32.7: School Admissions Forum |
| n | | n | |
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| Subsection 32.7.1: Summary Description | | Subsection 32.7.1: Summary Description |
| n | | n | |
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| Subsection 32.7.2: Membership | | Subsection 32.7.2: Membership |
| n | | n | |
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| Subsection 32.7.3: Table of Functions | | Subsection 32.7.3: Table of Functions |
| n | | n | |
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| Subsection 32.7.4: Quorum | | Subsection 32.7.4: Quorum |
| n | | n | |
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| Subsection 32.7.5: Additional Information and Procedures | | Subsection 32.7.5: Additional Information and Procedures |
| n | | n | |
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| Section 32.8: Secure Accommodation Panel | | Section 32.8: Secure Accommodation Panel |
| n | | n | |
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| Subsection 32.8.1: Summary Description | | Subsection 32.8.1: Summary Description |
| n | | n | |
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| Subsection 32.8.2: Membership | | Subsection 32.8.2: Membership |
| n | | n | |
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| Subsection 32.8.3: Table of Functions | | Subsection 32.8.3: Table of Functions |
| n | | n | |
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| Subsection 32.8.4: Quorum | | Subsection 32.8.4: Quorum |
| n | | n | |
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| Section 32.9: Tower Hamlets Safeguarding Children Board | | Section 32.9: Tower Hamlets Safeguarding Children Board |
| n | | n | |
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| Subsection 32.9.1: Summary Description | | Subsection 32.9.1: Summary Description |
| n | | n | |
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| Subsection 32.9.2: Membership | | Subsection 32.9.2: Membership |
| n | | n | |
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| Subsection 32.9.3: Table of Functions | | Subsection 32.9.3: Table of Functions |
| n | | n | |
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| Subsection 32.9.4: Quorum | | Subsection 32.9.4: Quorum |
| n | | n | |
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| The Mayor and Executive and the Executive Procedure Rules | | The Mayor and Executive and the Executive Procedure Rules |
| n | | n | |
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| The Role of the Mayor and the Executive | | The Role of the Mayor and the Executive |
| n | | n | |
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| Section 33.1: The Role of the Executive | | Section 33.1: The Role of the Executive |
| n | | n | The Executive will carry out all the local authority’s functions which are not the responsibility of any other part of the Council, whether by law or under this Constitution. |
| | | Subject to Section 11.13 (Decision-Making by Council Bodies Acting as Tribunals) , the Mayor and Executive will follow the decision-making procedures set out in Part C of this Constitution when considering any matter. |
| | | The following parts of the Constitution, insofar as they relate to executive functions, constitute the Executive Arrangements: |
| | | Part D, Chapter 11 - (How decisions are made) |
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| The Executive will carry out all the local authority’s functions which are not the responsibility of any other part of the Council, whether by law or under this Constitution. | | |
| | | Part F - The Mayor and Executive |
| | | Part G, Chapters 38/39 ( Overview and Scrutiny Introduction and Overview and Scrutiny Procedure Rules ) |
| | | Part E, Chapter 31 (Joint Committees involving Members) |
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| Subject to Section 3, Paragraph 27, the Mayor and Executive will follow the decision-making procedures set out in Part C of this Constitution when considering any matter. | | |
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| The following parts of the Constitution, insofar as they relate to executive functions, constitute the Executive Arrangements: | | |
| Section 3 (How decisions are made) | | |
| Section 8 (The Mayor and the Executive) and Section 29 (Executive Procedure Rules) | | |
| Section 9 (Overview and Scrutiny Committee and Scrutiny Panels) and Section 30 (Overview and Scrutiny Procedure Rules) | | |
| Section 12 (Joint Arrangements and Partnership Working) | | |
| Section 18 (Responsibility for Executive Functions) | | |
| Section 22 (Terms of Reference – The Executive) | | |
| Section 27 (Access to Information Procedure Rules) | | Part B, Chapter 10 (Access to Information Procedure Rules) |
| Section 29 (Executive Procedure Rules) | | |
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| Section 33.2: Who may make Executive Decisions? | | Section 33.2: Who may make Executive Decisions? |
| n | | n | In law, functions which are the responsibility of the Executive may be exercised by (a) The Mayor (b) The Executive as a whole (the Cabinet); (c) A Committee/Sub-Committee of the Executive (but only Cabinet Members can be given voting rights); (d) An individual Member of the Executive; (e) The Chief Executive, a Chief Officer or an officer; (f) An area Committee; or a ward councillor in accordance with Section 236 of the Local Government and Public Involvement in Health Act 2007; (g) Through joint arrangements; or (h) Another local authority; subject to the Mayor or this Constitution giving delegated authority to the person/body listed to discharge the particular function. |
| | | The arrangements for the discharge of executive functions at Tower Hamlets are set out in the executive arrangements adopted by the Council as set out in this Part of the Constitution and other relevant Parts as listed in Paragraph 3 above. Currently decisions on executive functions are taken by the Mayor, either at the Cabinet meeting or separately, unless the Mayor has delegated either a function as set out in those parts of the Constitution or a specific executive decision. |
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| In law, functions which are the responsibility of the Executive may be exercised by | | |
| (a) The Mayor | | |
| (b) The Executive as a whole (the Cabinet); | | |
| (c) A Committee/Sub-Committee of the Executive (but only Cabinet Members can be given voting rights); | | |
| (d) An individual Member of the Executive; | | |
| (e) The Chief Executive, a Chief Officer or an officer; | | |
| (f) An area Committee; or a ward councillor in accordance with Section 236 of the Local Government and Public Involvement in Health Act 2007; | | |
| (g) Through joint arrangements; or | | |
| (h) Another local authority; | | |
| subject to the Mayor or this Constitution giving delegated authority to the person/body listed to discharge the particular function. | | |
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| The arrangements for the discharge of executive functions at Tower Hamlets are set out in the executive arrangements adopted by the Council as set out in this Part of the Constitution and and other relevant Parts as listed in Paragraph 3 above. here. | | |
| [Note - Currently decisions on executive functions are taken by the Mayor, either at the Cabinet meeting or separately, unless the Mayor has delegated either a function as set out in those parts of the Constitution or a specific executive decision.] | | |
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| Section 33.3: Form and Composition | | Section 33.3: Form and Composition |
| n | | n | The Executive will consist of the Mayor and between two and nine Councillors appointed by the Mayor, called Cabinet Members. One of the Cabinet Members will be appointed by the Mayor as the Statutory Deputy Mayor. When the Mayor and Cabinet Members meet together in Committee this is known as a meeting of the Cabinet. |
| | | The King George’s Field Charity Board and the Grants Determination Sub-Committee are also Executive Bodies having executive decision-making powers. The Health and Wellbeing Board also has certain Executive functions |
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| The Executive will consist of the Mayor and between two and nine Councillors appointed by the Mayor, called Cabinet Members. One of the Cabinet Members will be appointed by the Mayor as the Statutory Deputy Mayor. When the Mayor and Cabinet Members meet together in Committee this is known as a meeting of the Cabinet. | | |
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| The King George’s Field Charity Board and the Grants Determination Sub-Committee are also Executive Bodies having executive decision-making powers. The Health and Wellbeing Board also has certain Executive functions | | |
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| Section 33.4: The Mayor | | Section 33.4: The Mayor |
| n | | n | The Mayor will exercise strategic political leadership by developing and communicating clearly to citizens, businesses and service users the authority’s purpose and vision and its intended policy outcomes. In developing strategic policy the Mayor will work closely with the Chief Executive and have regard to advice tendered. |
| | | The Mayor will be a person elected to that position by the electors of the borough in the Mayoral election. In the event that a serving Councillor of the London Borough of Tower Hamlets is elected as Mayor, a vacancy shall be declared in that person’s Council seat and a by-election shall be held (if required) in accordance with the relevant legislation. |
| | | The term of office of the Mayor will normally be four years. They will take office on the fourth day after their election and will continue in office until the fourth day after their successor is elected, unless they die, are disqualified or resign. |
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| The Mayor will exercise strategic political leadership by developing and communicating clearly to citizens, businesses and service users the authority’s purpose and vision and its intended policy outcomes. In developing strategic policy the Mayor will work closely with the Chief Executive and have regard to advice tendered. | | |
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| The Mayor will be a person elected to that position by the electors of the borough in the Mayoral election. In the event that a serving Councillor of the London Borough of Tower Hamlets is elected as Mayor, a vacancy shall be declared in that person’s Council seat and a by-election shall be held (if required) in accordance with the relevant legislation. | | |
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| The term of office of the Mayor will normally be four years. They will take office on the fourth day after their election and will continue in office until the fourth day after their successor is elected, unless they die, are disqualified or resign. | | |
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| Section 33.5: The Statutory Deputy Mayor | | Section 33.5: The Statutory Deputy Mayor |
| n | | n | The Statutory Deputy Mayor will be a Councillor appointed to that position by the Mayor from among the Cabinet members. |
| | | The Mayor may replace the Statutory Deputy Mayor at any time but otherwise the Statutory Deputy Mayor shall remain in post for the duration of the Mayor’s term of office, unless: a) they resign from office; or b) they are no longer a Councillor |
| | | The Statutory Deputy Mayor shall have authority to exercise the Mayor’s powers only in the event that for any reason the Mayor is unable to act at any time or should the post of Mayor be vacant for any reason. |
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| The Statutory Deputy Mayor will be a Councillor appointed to that position by the Mayor from among the Cabinet members. | | |
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| The Mayor may replace the Statutory Deputy Mayor at any time but otherwise the Statutory Deputy Mayor shall remain in post for the duration of the Mayor’s term of office, unless: | | |
| a) they resign from office; or | | |
| b) they are no longer a Councillor | | |
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| The Statutory Deputy Mayor shall have authority to exercise the Mayor’s powers only in the event that for any reason the Mayor is unable to act at any time or should the post of Mayor be vacant for any reason. | | |
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| Section 33.6: Other Executive Members | | Section 33.6: Other Executive Members |
| n | | n | The Mayor shall appoint between two and nine Councillors to be members of the Executive (Cabinet Members) alongside the Mayor. All of the Cabinet Members must be serving Councillors of the authority. The Mayor may allocate to each Cabinet Member a portfolio of responsibility for Council business relating to their role as an Executive Member (see below). |
| | | The Mayor must appoint one of the Cabinet Members as the Statutory Deputy Mayor. |
| | | The Mayor may replace or remove a Cabinet Member, and/or may vary or delete their portfolio responsibilities, at any time and notify the Monitoring Officer as soon as a replacement is made. |
| | | Executive Members shall hold office until: a) They are removed or replaced by the Mayor; b) They resign from office; or c) They are no longer a Councillor. |
| | | In the case of a vacancy arising in any post of Cabinet Member the Mayor may choose to appoint another Councillor to the vacant post. The Mayor shall notify the Monitoring Officer as soon as a replacement is made. |
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| The Mayor shall appoint between two and nine Councillors to be members of the Executive (Cabinet Members) alongside the Mayor. All of the Cabinet Members must be serving Councillors of the authority. The Mayor may allocate to each Cabinet Member a portfolio of responsibility for Council business relating to their role as an Executive Member (see below). | | |
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| The Mayor must appoint one of the Cabinet Members as the Statutory Deputy Mayor. | | |
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| The Mayor may replace or remove a Cabinet Member, and/or may vary or delete their portfolio responsibilities, at any time and notify the Monitoring Officer as soon as a replacement is made. | | |
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| Executive Members shall hold office until: | | |
| a) They are removed or replaced by the Mayor; | | |
| b) They resign from office; or | | |
| c) They are no longer a Councillor. | | |
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| In the case of a vacancy arising in any post of Cabinet Member the Mayor may appoint a Councillor to the vacant post at his/her discretion and notify the Monitoring Officer as soon as a replacement is made. | | |
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| Section 33.7: Cabinet Responsibilities | | Section 33.7: Cabinet Responsibilities |
| n | | n | The Executive Members will have portfolios as set out in the Executive Scheme of Delegation. |
| | | The portfolios may be subject to change from time to time if the Mayor chooses and will be updated by the Monitoring Officer as soon as reasonably practically possible when so advised by the Mayor. |
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| The Executive Members will have portfolios as set out in the Executive Scheme of Delegation. | | |
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| The portfolios may be subject to change from time to time at the discretion of the Mayor and will be updated by the Monitoring Officer as soon as reasonably practicable when so advised by the Mayor. | | |
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| Section 33.8: Proceedings of the Cabinet | | Section 33.8: Proceedings of the Cabinet |
| n | | n | Proceedings of the Cabinet shall take place in accordance with the Executive Procedure Rules. |
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| Proceedings of the Cabinet shall take place in accordance with the Executive Procedure Rules. | | |
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| Section 33.9: Responsibility for Functions | | Section 33.9: Responsibility for Functions |
| n | | n | The Monitoring Officer will maintain a list as part of this Constitution, setting out which individual Cabinet Members or Committees of the Executive, officers or joint arrangements are responsible for the exercise of particular executive functions. |
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| The Monitoring Officer will maintain a list as part of this Constitution, setting out which individual Cabinet Members or Committees of the Executive, officers or joint arrangements are responsible for the exercise of particular executive functions. | | |
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| Section 33.10: Interests | | Section 33.10: Interests |
| n | | n | Where a Member of the Executive has a disclosable pecuniary interest this should be dealt with as set out in the Council’s Code of Conduct for Members at Part H, Chapter 50 of this Constitution. If every Member has either a registerable or non-registerable interest and in the case of either interest it might appear to a fair and informed observer that there was a real possibility of the Members’ judgement being or likely to be impaired by the interest then this also should be dealt with as set out in the Council’s Code of Conduct for Members in Part H, Chapter 50 of this Constitution. Where a Member of the Executive has either a registerable or non-registerable interest and in the case of either interest it might appear to a fair and informed observer that there was a real possibility of the Member’s judgement being or likely to be impaired by the interest then this should be dealt with as set out in the Council’s Code of Conduct for Members at Part H, Chapter 50 of this Constitution. If the exercise of an executive function has been delegated to a Committee/Sub-Committee of the Executive, an individual Member, the Chief Executive, a Chief Officer 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 or otherwise as set out in the Council’s Code of Conduct for Members at Part H, Chapter 50 of this Constitution. If the exercise of an executive function has been delegated to a Committee/Sub-Committee of the Executive, an individual Member, the Chief Executive, a Chief Officer or an officer, and should either a registerable or non-registerable interest arise and if either interest might appear to a fair and informed observer that there was a real possibility of that person’s judgement being or likely to be impaired by the interest arising, then the function will be exercised in the first instance by the person or body by whom the delegation was made or otherwise as set out in the Council’s Code of Conduct for Members at Part H, Chapter 50 of this Constitution. |
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| Where a Member of the Executive has a disclosable pecuniary interest this should be dealt with as set out in the Council’s Code of Conduct for Members at Part C Section 31 of this Constitution. | | |
| If every Member has either a registerable or non-registerable interest and in the case of either interest it might appear to a fair and informed observer that there was a real possibility of the Members’ judgement being or likely to be impaired by the interest then this also should be dealt with as set out in the Council’s Code of Conduct for Members in Part C Section 31 of this Constitution. | | |
| Where a Member of the Executive has either a registerable or non-registerable interest and in the case of either interest it might appear to a fair and informed observer that there was a real possibility of the Member’s judgement being or likely to be impaired by the interest then this should be dealt with as set out in the Council’s Code of Conduct for Members at Part C Section 31 of this Constitution. | | |
| If the exercise of an executive function has been delegated to a Committee/Sub-Committee of the Executive, an individual Member, the Chief Executive, a Chief Officer 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 or otherwise as set out in the Council’s Code of Conduct for Members at Part C Section 31 of this Constitution. | | |
| If the exercise of an executive function has been delegated to a Committee/Sub-Committee of the Executive, an individual Member, the Chief Executive, a Chief Officer or an officer, and should either a registerable or non-registerable interest arise and if either interest might appear to a fair and informed observer that there was a real possibility of that person’s judgement being or likely to be impaired by the interest arising, then the function will be exercised in the first instance by the person or body by whom the delegation was made or otherwise as set out in the Council’s Code of Conduct for Members at Part C Section 31 of this Constitution. | | |
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| Responsibilities for Executive Functions | | Responsibilities for Executive Functions |
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| Section 34.1: General | | Section 34.1: General |
| n | | n | 1. The Executive is responsible for all functions of the authority that are not reserved to the Council by the law or by this Constitution. |
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| 1. The Executive is responsible for all functions of the authority that are not reserved to the Council by the law or by this Constitution. | | |
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| Section 34.2: Executive Functions – Local Choice – Local Act Functions | | Section 34.2: Executive Functions – Local Choice – Local Act Functions |
| n | | n | None – the Council has determined that all local choice functions under a local Act other than a function specified or referred to in regulation 2 or schedule 1 of the Local Authorities (Functions and Responsibilities) (England) Regulations 2000 (as amended) shall be allocated to the Council. |
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| None – the Council has determined that all local choice functions under a local Act other than a function specified or referred to in regulation 2 or schedule 1 of the Local Authorities (Functions and Responsibilities) (England) Regulations 2000 (as amended) shall be allocated to the Council. | | |
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| Section 34.3: Executive Functions – Other Local Choice Functions | | Section 34.3: Executive Functions – Other Local Choice Functions |
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| Section 34.4: Other Executive Functions | | Section 34.4: Other Executive Functions |
| n | | n | |
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| Section 34.5: Responsibility for Executive Functions | | Section 34.5: Responsibility for Executive Functions |
| n | | n | All executive functions of the Council are vested in the Mayor. The Mayor may exercise those functions themselves or may delegate specified executive functions to be exercised by the Cabinet meeting, a Cabinet committee, an individual Cabinet Member or an officer; or under the provisions of Section 236 of the Local Government and Public Involvement in Health Act 2007 only, by a ward councillor. The Mayor may revoke any such delegations at any time. |
| | | The Mayor will provide the Monitoring Officer with a list (“the Executive Scheme of Delegation”) setting out who of the following (not specified in the delegations contained in Paragraphs 3 and 4 above) are responsible for particular Executive functions. |
| | | If the Mayor amends the Executive Scheme of Delegation the Mayor must provide the Monitoring Officer with an updated scheme within five working days. |
| | | In the event that the Mayor wishes to delegate executive decision-making powers to an individual Cabinet Member or Members; or to a ward councillor in accordance with Section 236 of the Local Government and Public Involvement in Health Act 2007, they will first take advice from the Monitoring Officer as to the appropriate rules that will need to be in place to govern the exercise of such powers before they are so exercised. |
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| All executive functions of the Council are vested in the Mayor. The Mayor may exercise those functions themselves or may delegate specified executive functions to be exercised by the Cabinet meeting, a Cabinet committee, an individual Cabinet Member or an officer; or under the provisions of Section 236 of the Local Government and Public Involvement in Health Act 2007 only, by a ward councillor. The Mayor may revoke any such delegations at any time. | | |
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| The Mayor will provide the Monitoring Officer with a list (“the Executive Scheme of Delegation”) setting out who of the following (not specified in the delegations contained in Paragraphs 3 and 4 above) are responsible for particular Executive functions. | | |
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| The Mayor and Cabinet collectively; | | |
| or an individual Cabinet Member; | | |
| or a committee of the Cabinet; | | |
| or an officer; | | |
| or a ward councillor in accordance with Section 236 of the Local Government and Public Involvement in Health Act 2007; or | | |
| through joint arrangements. | | |
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| If the Mayor amends the Executive Scheme of Delegation the Mayor must provide the Monitoring Officer with an updated scheme within five working days. | | |
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| In the event that the Mayor wishes to delegate executive decision-making powers to an individual Cabinet Member or Members; or to a ward councillor in accordance with Section 236 of the Local Government and Public Involvement in Health Act 2007, they will first take advice from the Monitoring Officer as to the appropriate rules that will need to be in place to govern the exercise of such powers before they are so exercised. | | |
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| Mayor’s Executive Scheme of Delegation | | Mayor’s Executive Scheme of Delegation |
| n | | n | |
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| Section 35.1: The Composition of the Executive | | Section 35.1: The Composition of the Executive |
| n | | n | The Executive shall consist of ten (10) people, namely the Mayor and nine (9) Cabinet Members as set out below:- |
| | | Where Cabinet roles are held by job share Cabinet Members one of the two councillors for the portfolio will be appointed as the official Cabinet Member who will retain official responsibility for the whole portfolio for the first six months. Following this, the second Cabinet Member will take up the official role for the second six-month period. Only the Councillor designated as the ‘official’ Cabinet Member at any given time may vote at the relevant meeting of Cabinet but both Job Share Members may introduce reports and take part in discussions. |
| | | Job share Cabinet Members will have day to day advisory responsibility for distinct areas of the portfolio. These responsibilities will be published on the council’s website. |
| | | Special Responsibility Allowances for both job share Cabinet Members will be paid monthly with each receiving the equivalent of half a Cabinet Member Special Responsibility Allowance. |
| | | For the purposes of the Constitution, both job share Cabinet Members will be treated as if they were members of the Executive. For example, they would not be able to serve on Overview & Scrutiny Committee during the six months they were not the ‘official’ Cabinet Member. |
| | | The Council has the power to appoint Councillors to Junior Cabinet Positions to provide support to specific Cabinet Members and their portfolios or Ambassador roles to give specific focus and to cross cutting themes and mayoral priorities, communities or projects. Junior Cabinet Positions and Ambassador roles are not Executive positions. Once appointed the Mayor will determine the areas of responsibility for the appointees. |
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| The Executive shall consist of ten (10) people, namely the Mayor and nine (9) Cabinet Members as set out below:- | | |
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| Where Cabinet roles are held by job share Cabinet Members one of the two councillors for the portfolio will be appointed as the official Cabinet Member who will retain official responsibility for the whole portfolio for the first six months. Following this, the second Cabinet Member will take up the official role for the second six-month period. Only the Councillor designated as the ‘official’ Cabinet Member at any given time may vote at the relevant meeting of Cabinet but both Job Share Members may introduce reports and take part in discussions. | | |
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| Job share Cabinet Members will have day to day advisory responsibility for distinct areas of the portfolio. These responsibilities will be published on the council’s website. | | |
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| Special Responsibility Allowances for both job share Cabinet Members will be paid monthly with each receiving the equivalent of half a Cabinet Member Special Responsibility Allowance. | | |
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| For the purposes of the Constitution, both job share Cabinet Members will be treated as if they were members of the Executive. For example, they would not be able to serve on Overview & Scrutiny Committee during the six months they were not the ‘official’ Cabinet Member. | | |
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| The Council has the power to appoint Councillors to Junior Cabinet Positions to provide support to specific Cabinet Members and their portfolios or Ambassador roles to give specific focus and to cross cutting themes and mayoral priorities, communities or projects. Junior Cabinet Positions and Ambassador roles are not Executive positions. Once appointed the Mayor will determine the areas of responsibility for the appointees. | | |
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| Section 35.2: A visual representation of the Executive Structure | | Section 35.2: A visual representation of the Executive Structure |
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| Section 35.3: Delegations | | Section 35.3: Delegations |
| n | | n | The Mayor may, in accordance with Paragraph 4 above, establish such Committees/Sub-committees of the Executive as he considers appropriate from time to time and these are set out in Paragraph 6 above. |
| | | The Mayor has not delegated his decision-making powers to the Executive acting collectively as the Cabinet or as the Housing Management (Cabinet) Sub-Committee. He has delegated decision-making powers to the Grants Determination (Cabinet) Sub-Committee and also the King George’s Field Charity Board as it is a Charitable Body. |
| | | Subject to the Mayor's prerogative to make decisions on all matters relating to all of his statutory powers, including as individual mayoral decisions taken outside of Cabinet, the Mayor delegates to each Cabinet Member individually the power to make decisions on matters within their portfolio after consultation with the Mayor and subject to the Mayor raising no objection to the proposed decision. Any such decision by a cabinet member will be subject to a written report and the same procedure as applies to individual mayoral decisions. |
| | | In accordance with section 14(6) of the Local Government Act 2000 (as amended), any arrangements made by the Mayor for the discharge of an executive function by an executive member, Committee/Sub-Committee or officer does not prevent the Mayor from exercising that function. |
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| The Mayor may, in accordance with Paragraph 4 above, establish such Committees/Sub-committees of the Executive as he considers appropriate from time to time and these are set out in Paragraph 6 above. | | |
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| The Mayor has not delegated his decision-making powers to the Executive acting collectively as the Cabinet or as the Housing Management (Cabinet) Sub-Committee. He has delegated decision-making powers to the Grants Determination (Cabinet) Sub-Committee and also the King George’s Field Charity Board as it is a Charitable Body. | | |
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| Subject to the Mayor's prerogative to make decisions on all matters relating to all of his statutory powers, including as individual mayoral decisions taken outside of Cabinet, the Mayor delegates to each Cabinet Member individually the power to make decisions on matters within their portfolio after consultation with the Mayor and subject to the Mayor raising no objection to the proposed decision. Any such decision by a cabinet member will be subject to a written report and the same procedure as applies to individual mayoral decisions. | | |
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| In accordance with section 14(6) of the Local Government Act 2000 (as amended), any arrangements made by the Mayor for the discharge of an executive function by an executive member, Committee/Sub-Committee or officer does not prevent the Mayor from exercising that function. | | |
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| Section 35.4: Delegations to officers | | Section 35.4: Delegations to officers |
| n | | n | The Mayor has delegated to officers decision making powers in relation to executive functions as set out at Parts B and D of the Council’s Constitution. |
| | | Officers may not take Key Decisions unless there has been a specific delegation by the Executive. |
| | | Any officer executive decision resulting in (revenue or capital) expenditure or savings over £250,000 must only be taken following consultation with the Mayor. |
| | | Executive decisions delegated to officers will be taken in accordance with the Corporate Scheme of Delegation, council-wide operating procedures and directorate/service schemes of delegation as appropriate. |
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| The Mayor has delegated to officers decision making powers in relation to executive functions as set out at Parts B and D of the Council’s Constitution. | | |
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| Officers may not take Key Decisions unless there has been a specific delegation by the Executive. | | |
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| Any officer executive decision resulting in (revenue or capital) expenditure or savings over £250,000 must only be taken following consultation with the Mayor. | | |
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| Executive decisions delegated to officers will be taken in accordance with the Corporate Scheme of Delegation, council-wide operating procedures and directorate/service schemes of delegation as appropriate. | | |
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| Section 35.5: Exceptions to Standard Delegations | | Section 35.5: Exceptions to Standard Delegations |
| n | | n | For clarity, the following sets out a number of situations where the standard delegation rules do not apply (in particular that officers are delegated to take decisions which are not key decisions). Where there is a clash, this paragraph overrides other rules. |
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| For clarity, the following sets out a number of situations where the standard delegation rules do not apply (in particular that officers are delegated to take decisions which are not key decisions). Where there is a clash, this paragraph overrides other rules. | | |
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| Section 35.6: Other Delegations | | Section 35.6: Other Delegations |
| n | | n | The Mayor has not delegated any executive powers to any area committee, or to any ward Councillor in accordance with section 236 of the Local Government and Public Involvement in Health Act 2007. |
| | | The Mayor has delegated executive powers to joint arrangements with other local authorities as set out in Part C, Chapter 13 and Part E, Chapter 31 of the Council’s Constitution. |
| | | Subject to paragraph 30 above, the Mayor has not delegated any executive powers to any other local authority. |
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| The Mayor has not delegated any executive powers to any area committee, or to any ward Councillor in accordance with section 236 of the Local Government and Public Involvement in Health Act 2007. | | |
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| The Mayor has delegated executive powers to joint arrangements with other local authorities as set out in Part A, Section 12 and Part B Section 21 of the Council’s Constitution. | | |
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| Subject to paragraph 30 above, the Mayor has not delegated any executive powers to any other local authority. | | |
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| Section 35.7: Sub-Delegation of Executive Functions | | Section 35.7: Sub-Delegation of Executive Functions |
| n | | n | Where the Mayor, the Executive, a Committee/Sub-Committee of the Executive or an individual Member of the Executive is responsible for an executive function, they may delegate further to an area Committee, through joint arrangements or an officer. |
| | | Unless the Mayor directs otherwise, if the Mayor delegates functions to the Cabinet then Cabinet may, following consultation with the Mayor, delegate further to a Cabinet Committee/Sub-Committee or an officer. |
| | | Unless the Mayor directs otherwise, a Committee/Sub-Committee of the Executive to whom functions have been delegated may, following consultation with the Mayor, delegate further to an officer. |
| | | Where executive functions have been delegated, that fact does not prevent the discharge of delegated functions by the person or body who delegated them. |
| | | Permanent delegations should be added to the relevant Schemes of Delegation. |
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| Where the Mayor, the Executive, a Committee/Sub-Committee of the Executive or an individual Member of the Executive is responsible for an executive function, they may delegate further to an area Committee, through joint arrangements or an officer. | | |
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| Unless the Mayor directs otherwise, if the Mayor delegates functions to the Cabinet then Cabinet may, following consultation with the Mayor, delegate further to a Cabinet Committee/Sub-Committee or an officer. | | |
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| Unless the Mayor directs otherwise, a Committee/Sub-Committee of the Executive to whom functions have been delegated may, following consultation with the Mayor, delegate further to an officer. | | |
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| Where executive functions have been delegated, that fact does not prevent the discharge of delegated functions by the person or body who delegated them. | | |
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| Permanent delegations should be added to the relevant Schemes of Delegation. | | |
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| Section 35.8: Non-Executive Decisions | | Section 35.8: Non-Executive Decisions |
| n | | n | No delegated power in this Executive Scheme of Delegation applies to any decision that relates to a matter that is not an executive function either by law or by the allocation of local choice functions under the Council’s Constitution. |
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| No delegated power in this Executive Scheme of Delegation applies to any decision that relates to a matter that is not an executive function either by law or by the allocation of local choice functions under the Council’s Constitution. | | |
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| Section 35.9: Confirming the Executive Scheme of Delegation | | Section 35.9: Confirming the Executive Scheme of Delegation |
| n | | n | At the Annual Meeting of the Council directly after the Local Elections (and every subsequent Annual Meeting) the Mayor will present to the Council a copy of this Section as a written record of delegations made by the Mayor (‘The Executive Scheme of Delegation’) for inclusion in the Council’s Constitution. The document presented by the Mayor must set out who of the following are responsible for particular executive decisions (along with any limitations on those responsibilities): |
| | | The document must also contain the following information in so far as it relates to executive functions: (a) The extent of any authority delegated to any individual Executive Member or ward Councillor including details of the limitation on their authority. (b) The terms of reference and membership of such Executive Committees/Sub-Committee as the Mayor appoints and the names of Executive Members appointed to them. (c) The nature and extent of any delegation of executive functions to area Committees, any other authority or any joint arrangements and the names of those Executive Members appointed to any joint Committee for the coming year. (d) The nature and extent of any delegation of executive functions to officers not already specified in Chapter 62 of Part J of this Constitution, with details of any limitation on that delegation and the title of the officer to whom the delegation is made. |
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| At the Annual Meeting of the Council directly after the Local Elections (and every subsequent Annual Meeting) the Mayor will present to the Council a copy of this Section as a written record of delegations made by the Mayor (‘The Executive Scheme of Delegation’) for inclusion in the Council’s Constitution. The document presented by the Mayor must set out who of the following are responsible for particular executive decisions (along with any limitations on those responsibilities): | | |
| The Mayor and Cabinet collectively; or | | |
| an individual Cabinet Member; or | | |
| a Committee/Sub Committee of the Cabinet; or | | |
| an officer; or | | |
| a ward councillor in accordance with Section 236 of the Local Government and Public Involvement in Health Act 2007; or | | |
| through joint arrangements. | | |
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| The document must also contain the following information in so far as it relates to executive functions: | | |
| (a) The extent of any authority delegated to any individual Executive Member or ward Councillor including details of the limitation on their authority. | | |
| (b) The terms of reference and membership of such Executive Committees/Sub-Committee as the Mayor appoints and the names of Executive Members appointed to them. | | |
| (c) The nature and extent of any delegation of executive functions to area Committees, any other authority or any joint arrangements and the names of those Executive Members appointed to any joint Committee for the coming year. | | |
| (d) The nature and extent of any delegation of executive functions to officers not already specified in Part B of this Constitution, with details of any limitation on that delegation and the title of the officer to whom the delegation is made. | | |
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| Section 35.10: Amending the Executive Scheme of Delegation | | Section 35.10: Amending the Executive Scheme of Delegation |
| n | | n | The Mayor may update the Executive Scheme of Delegation at any time and may amend or revoke any delegation of an executive function at any time. |
| | | If the Mayor amends the Executive Scheme of Delegation they will provide the Monitoring Officer with a copy of the Executive Scheme of Delegation (this Section of the Constitution) setting out the amendments and any reasons for the change(s) within five working days. |
| | | In the event that the Mayor wishes to delegate executive decision-making powers to an individual Cabinet Member or Members; or to a ward councillor in accordance with Section 236 of the Local Government and Public Involvement in Health Act 2007, they will first take advice from the Monitoring Officer as to the appropriate rules that will need to be in place to govern the exercise of such powers before they are so exercised. |
| | | Whenever the Monitoring Officer receives notification from the Mayor of any change(s) to the Executive Scheme of Delegation (including Cabinet appointment(s) or portfolio(s)), the Monitoring Officer will inform all Councillors of the change(s) made and any reasons given by the Mayor. Where the Monitoring Officer considers the changes to be significant, they will present the updated Scheme to the next appropriate meeting of Council for information. |
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| The Mayor may update the Executive Scheme of Delegation at any time and may amend or revoke any delegation of an executive function at any time. | | |
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| If the Mayor amends the Executive Scheme of Delegation they will provide the Monitoring Officer with a copy of the Executive Scheme of Delegation (this Section of the Constitution) setting out the amendments and any reasons for the change(s) within five working days. | | |
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| In the event that the Mayor wishes to delegate executive decision-making powers to an individual Cabinet Member or Members; or to a ward councillor in accordance with Section 236 of the Local Government and Public Involvement in Health Act 2007, they will first take advice from the Monitoring Officer as to the appropriate rules that will need to be in place to govern the exercise of such powers before they are so exercised. | | |
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| Whenever the Monitoring Officer receives notification from the Mayor of any change(s) to the Executive Scheme of Delegation (including Cabinet appointment(s) or portfolio(s)), the Monitoring Officer will inform all Councillors of the change(s) made and any reasons given by the Mayor. Where the Monitoring Officer considers the changes to be significant, they will present the updated Scheme to the next appropriate meeting of Council for information. | | |
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| Executive Procedure Rules | | Executive Procedure Rules |
| n | | n | |
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| Section 36.1: Cabinet Meeting Rules | | Section 36.1: Cabinet Meeting Rules |
| n | | n | The following rules (Paragraphs 49 to 62) will apply to all meetings of Cabinet and Cabinet Committees/Sub-Committees |
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| The following rules (Paragraphs 49 to 62) will apply to all meetings of Cabinet and Cabinet Committees/Sub-Committees | | |
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| Section 36.2: Meeting Dates, Location and Access to Information | | Section 36.2: Meeting Dates, Location and Access to Information |
| n | | n | Meetings dates and locations will be determined by the Mayor or Chief Executive. Meetings shall normally take place at the Council’s main offices (Whitechapel Town Hall, 160 Whitechapel Road, E1 1BJ) or at another location if so determined by the Mayor or Chief Executive. |
| | | Meetings will be subject to the Access to Information Procedure Rules and any other relevant procedure rules in this Constitution. |
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| (a) Meetings dates and locations will be determined by the Mayor or Chief Executive. Meetings shall normally take place at the Council’s main offices (Whitechapel Town Hall, 160 Whitechapel Road, E1 1BJ) or at another location if so determined by the Mayor or Chief Executive. | | |
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| (b) Meetings will be subject to the Access to Information Procedure Rules and any other relevant procedure rules in this Constitution. | | |
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| Section 36.3: Quorum | | Section 36.3: Quorum |
| n | | n | The quorum for a meeting of the Executive shall be three Members of the Cabinet/Sub-Committee including the Executive Mayor, or where notified in advance to the Monitoring Officer, the Statutory Deputy Mayor. |
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| The quorum for a meeting of the Executive shall be three Members of the Cabinet/Sub-Committee including the Executive Mayor, or where notified in advance to the Monitoring Officer, the Statutory Deputy Mayor. | | |
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| Section 36.4: Who Chairs the meeting (Presides)? | | Section 36.4: Who Chairs the meeting (Presides)? |
| n | | n | If the Mayor is present they will preside. In their absence, then the Deputy Mayor shall preside. In the absence of both the Mayor and the Deputy Mayor then the meeting is not quorate and may not meet unless different arrangements are set out in the Terms of Reference of a specific Cabinet Committee/Sub-Committee. |
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| If the Mayor is present they will preside. In their absence, then the Deputy Mayor shall preside. In the absence of both the Mayor and the Deputy Mayor then the meeting is not quorate and may not meet unless different arrangements are set out in the Terms of Reference of a specific Cabinet Committee/Sub-Committee. | | |
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| Section 36.5: Who may Attend? | | Section 36.5: Who may Attend? |
| n | | n | Meetings will normally be open to the public unless confidential or exempt information is to be discussed. |
| | | Subject to the Access to Information Procedure Rules in Part B Section 10 of this Constitution, meetings may occasionally be private. |
| | | The Chair (or Vice-Chair) of the Overview and Scrutiny Committee, or their nominee, and the Leaders of any Opposition Groups have a standing invitation to observe meetings. |
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| Meetings will normally be open to the public unless confidential or exempt information is to be discussed. | | |
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| Subject to the Access to Information Procedure Rules in Part B Section 27 of this Constitution, meetings may occasionally be private. | | |
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| The Chair (or Vice-Chair) of the Overview and Scrutiny Committee, or their nominee, and the Leaders of any Opposition Groups have a standing invitation to observe meetings. | | |
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| Section 36.6: What Business will be conducted? | | Section 36.6: What Business will be conducted? |
| n | | n | At each meeting of the Cabinet/Committee/Sub-Committee the following business will be conducted: (a) consideration of the minutes of the last meeting; (b) declarations of disclosable pecuniary interest, if any; (c) a verbal update (of no more than ten minutes) by the Chair of the Overview and Scrutiny Committee (or nominated deputy) on the work of the Committee and also on any issues or Pre-Decision Scrutiny Questions relevant to the reports for consideration on the agenda and an opportunity for the Mayor and Cabinet Members to respond to that presentation. (d) matters set out in the agenda for the meeting. The agenda will set out which items are key decisions and which are not, in accordance with the Access to Information Procedure Rules set out in Part B Section 10 of this Constitution. (e) consideration of reports from Overview and Scrutiny; (f) matters referred to the Cabinet Committee/Sub-Committee (whether by Overview and Scrutiny or by the Council) for reconsideration by the Executive in accordance with the provisions contained in the Overview and Scrutiny Procedure Rules or the Budget and Policy Framework Procedure Rules set out in this Constitution; |
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| At each meeting of the Cabinet/Committee/Sub-Committee the following business will be conducted: | | |
| (a) consideration of the minutes of the last meeting; | | |
| (b) declarations of disclosable pecuniary interest, if any; | | |
| (c) a verbal update (of no more than ten minutes) by the Chair of the Overview and Scrutiny Committee (or nominated deputy) on the work of the Committee and also on any issues or Pre-Decision Scrutiny Questions relevant to the reports for consideration on the agenda and an opportunity for the Mayor and Cabinet Members to respond to that presentation. | | |
| (d) matters set out in the agenda for the meeting. The agenda will set out which items are key decisions and which are not, in accordance with the Access to Information Procedure Rules set out in Part B Section 27 of this Constitution. | | |
| (e) consideration of reports from Overview and Scrutiny; | | |
| (f) matters referred to the Cabinet Committee/Sub-Committee (whether by Overview and Scrutiny or by the Council) for reconsideration by the Executive in accordance with the provisions contained in the Overview and Scrutiny Procedure Rules or the Budget and Policy Framework Procedure Rules set out in Part B Section 28 of this Constitution; | | |
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| Section 36.7: Community Engagement/ Consultation | | Section 36.7: Community Engagement/ Consultation |
| n | | n | 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 community engagement or consultation with stakeholders, Overview and Scrutiny Committee and the outcome of that consultation. Reports about other matters will set out the details and outcome of consultation as appropriate. The level of community engagement or consultation required will be appropriate to the nature of the matter under consideration having due regard to the Council’s Community Engagement Strategy. |
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| 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 community engagement or consultation with stakeholders, Overview and Scrutiny Committee and the outcome of that consultation. Reports about other matters will set out the details and outcome of consultation as appropriate. The level of community engagement or consultation required will be appropriate to the nature of the matter under consideration having due regard to the Council’s Community Engagement Strategy. | | |
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| Section 36.8: Who can put Items on the meeting agenda? | | Section 36.8: Who can put Items on the meeting agenda? |
| n | | n | The Mayor and Chief Executive may put on the agenda of any meeting any executive matter which they wish, whether or not authority has been delegated to the Cabinet, a Committee/Sub Committee of it, any Cabinet Member, the Chief Executive, a Chief Officer or officer in respect of that matter. The Monitoring Officer will comply with their requests in this respect. |
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| The Mayor and Chief Executive may put on the agenda of any meeting any executive matter which they wish, whether or not authority has been delegated to the Cabinet, a Committee/Sub Committee of it, any Cabinet Member, the Chief Executive, a Chief Officer or officer in respect of that matter. The Monitoring Officer will comply with their requests in this respect. | | |
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| The Monitoring Officer and/or the Chief Finance Officer may include an item for consideration on the agenda of a meeting and may require the Chief Executive to call such a meeting in pursuance of their statutory duties. In other circumstances, where any two (2) of the Head of Paid Service, Chief Finance Officer and Monitoring Officer are of the opinion that a meeting needs to be called to consider a matter that requires a decision, they may jointly call a meeting and include an item on the agenda of that meeting or of a meeting which has already been called. If there is no meeting soon enough to deal with the issue in question, then the person(s) entitled to include an item on the agenda may also require that a meeting be convened at an earlier date at which the matter will be considered. | | The Monitoring Officer and/or the Chief Finance Officer may include an item for consideration on the agenda of a meeting and may require the Chief Executive to call such a meeting in pursuance of their statutory duties. In other circumstances, where any two (2) of the Head of Paid Service, Chief Finance Officer and Monitoring Officer are of the opinion that a meeting needs to be called to consider a matter that requires a decision, they may jointly call a meeting and include an item on the agenda of that meeting or of a meeting which has already been called. If there is no meeting soon enough to deal with the issue in question, then the person(s) entitled to include an item on the agenda may also require that a meeting be convened at an earlier date at which the matter will be considered. |
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| Section 36.9: Public and Member Engagement | | Section 36.9: Public and Member Engagement |
| n | | n | Whilst the main focus of these meetings is as decision-making bodies, there is an opportunity for the public to contribute through making submissions that specifically relate to the reports that are set out on the agenda. Members of the public may therefore make written submissions in any form (for example; Petitions, letters, written questions) which must be submitted to the Clerk to the meeting (whose details are on the agenda front sheet) by 5 pm the day before the meeting. The consideration of such written submissions will be at the discretion of whosoever presides at the meeting. |
| | | In addition to rights set out in 59 above, the Chair (or Vice-Chair in their absence) of the Overview and Scrutiny Committee and the Leaders of any Opposition Groups can request to raise their key issues/questions in relation to the reports on the agenda. The Mayor or other person presiding at a meeting may also at their discretion allow other persons to contribute. All requests to raise issues or ask questions must be received by the clerk to the meeting (whose details are on the agenda front sheet) by 5pm the day before the meeting. |
| | | All contributions to the meeting will be taken in a 15 minute question and answer session at the start of the meeting. Each contribution will normally be limited to three minutes. The Mayor or other person presiding at a meeting has discretion to vary these procedures especially where there are large numbers of requests or submissions. |
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| Whilst the main focus of these meetings is as decision-making bodies, there is an opportunity for the public to contribute through making submissions that specifically relate to the reports that are set out on the agenda. Members of the public may therefore make written submissions in any form (for example; Petitions, letters, written questions) which must be submitted to the Clerk to the meeting (whose details are on the agenda front sheet) by 5 pm the day before the meeting. The consideration of such written submissions will be at the discretion of whosoever presides at the meeting. | | |
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| In addition to rights set out in 59 above, the Chair (or Vice-Chair in their absence) of the Overview and Scrutiny Committee and the Leaders of any Opposition Groups can request to raise their key issues/questions in relation to the reports on the agenda. The Mayor or other person presiding at a meeting may also at their discretion allow other persons to contribute. All requests to raise issues or ask questions must be received by the clerk to the meeting (whose details are on the agenda front sheet) by 5pm the day before the meeting. | | |
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| All contributions to the meeting will be taken in a 15 minute question and answer session at the start of the meeting. Each contribution will normally be limited to three minutes. The Mayor or other person presiding at a meeting has discretion to vary these procedures especially where there are large numbers of requests or submissions. | | |
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| Section 36.10: Application of Council Procedure Rules | | Section 36.10: Application of Council Procedure Rules |
| n | | n | Rules 5 – 9, 17 to 24 of the Council Procedure Rules (Part D Section 17 of this Constitution) shall also apply to meetings of the Cabinet./Committees/Sub-Committees. |
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| Rules 5 – 9, 17 to 24 of the Council Procedure Rules (Part B Section 26 of this Constitution) shall also apply to meetings of the Cabinet./Committees/Sub-Committees. | | |
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| Section 36.11: Taking Executive Decisions outside of meetings (including Individual Mayoral Decisions) | | Section 36.11: Taking Executive Decisions outside of meetings (including Individual Mayoral Decisions) |
| n | | n | Where an Executive decision, including a Key Decision, falls to be made and either:- (a) authority to make that decision has not been delegated by the Mayor under this Executive Scheme of Delegation; or (b) authority has been delegated but the person or body with delegated powers declines to exercise those powers; or (c) authority has been delegated but the Mayor nevertheless decides to take the decision himself, the decision shall be made by the Mayor individually, after consultation with the Monitoring Officer, the Chief Finance Officer and such other Corporate Director(s), the Head of Paid Service or Cabinet Member(s) as required. |
| | | Executive decisions (including Key Decisions) to be taken by the Mayor in accordance with paragraph 1 above shall either be taken:- (a) at a formal meeting of the Executive, notice of which has been given in accordance with the Executive Procedure Rules (Part F, Section 36) of the Constitution and to which the Access to Information Rules (Part B Section 10) of the Constitution shall apply; or (b) in accordance with the procedure at paragraph 5 below. |
| | | In the case of a decision taken at a formal meeting of the Executive, the Mayor will take the decision having received written and oral advice from appropriate officers and consulted those members of the Executive present. In the event that a meeting of the Executive is not quorate, the Mayor may still take any necessary decisions having consulted any Executive members present. All Mayoral decisions taken at a formal meeting of the Executive shall be recorded in the minutes of the meeting. |
| | | The Cabinet Meeting is not authorised to exercise the Mayor’s powers in the absence of the Mayor. If the Mayor is unable to act for any reason, and only in those circumstances, the Deputy Mayor is authorised to exercise the Mayor’s powers. |
| | | 5. The Mayor may at his discretion make a decision in relation to an Executive function, including a Key Decision, alone and outside the context of a meeting of the Executive. In relation to any decision made by the Mayor under this provision:- |
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| 1. Where an Executive decision, including a Key Decision, falls to be made and either:- | | |
| (a) authority to make that decision has not been delegated by the Mayor under this Executive Scheme of Delegation; or (b) authority has been delegated but the person or body with delegated powers declines to exercise those powers; or (c) authority has been delegated but the Mayor nevertheless decides to take the decision himself, | | |
| the decision shall be made by the Mayor individually, after consultation with the Monitoring Officer, the Chief Finance Officer and such other Corporate Director(s), the Head of Paid Service or Cabinet Member(s) as required. | | |
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| 2. Executive decisions (including Key Decisions) to be taken by the Mayor in accordance with paragraph 1 above shall either be taken:- | | |
| (a) at a formal meeting of the Executive, notice of which has been given in accordance with the Executive Procedure Rules (Part I Section xx) of the Constitution and to which the Access to Information Rules (Part B Section xx) of the Constitution shall apply; or (b) in accordance with the procedure at paragraph 5 below. | | |
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| 3. In the case of a decision taken at a formal meeting of the Executive, the Mayor will take the decision having received written and oral advice from appropriate officers and consulted those members of the Executive present. In the event that a meeting of the Executive is not quorate, the Mayor may still take any necessary decisions having consulted any Executive members present. All Mayoral decisions taken at a formal meeting of the Executive shall be recorded in the minutes of the meeting. | | |
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| 4. The Cabinet Meeting is not authorised to exercise the Mayor’s powers in the absence of the Mayor. If the Mayor is unable to act for any reason, and only in those circumstances, the Deputy Mayor is authorised to exercise the Mayor’s powers. | | |
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| 5. The Mayor may at his discretion make a decision in relation to an Executive function, including a Key Decision, alone and outside the context of a meeting of the Executive. In relation to any decision made by the Mayor under this provision:- | | |
| (a) The decision may only be made following consideration by the Mayor of a full report by the relevant officer(s) containing all relevant information, options and recommendations in the same format as would be required if the decision were to be taken at a meeting of the Executive; (b) The provisions of the Overview and Scrutiny Procedure Rules in relation to call-in, including the rules regarding urgent decisions, shall apply; (c) In the case of a Key Decision as defined in Section 3 of the Constitution, the provisions of the Access to Information Procedure Rules in relation to prior publication on the Forward Plan shall apply; and (d) The decision shall not be made until the Mayor has confirmed his agreement by signing a Mayoral Decision Proforma (example attached) which has first been completed with all relevant information and signed by the relevant Chief Officers. | | (a) The decision may only be made following consideration by the Mayor of a full report by the relevant officer(s) containing all relevant information, options and recommendations in the same format as would be required if the decision were to be taken at a meeting of the Executive; (b) The provisions of the Overview and Scrutiny Procedure Rules in relation to call-in, including the rules regarding urgent decisions, shall apply; (c) In the case of a Key Decision as defined in Section 3 of the Constitution, the provisions of the Access to Information Procedure Rules in relation to prior publication on the Forward Plan shall apply; and (d) The decision shall not be made until the Mayor has confirmed his agreement by signing a Mayoral Decision Proforma (example attached) which has first been completed with all relevant information and signed by the relevant Chief Officers. |
| | | All Mayoral decisions taken in accordance with paragraph 5 above shall be:- (a) Recorded in a log held by the Head of Democratic Services and available for public inspection; and (b) Published on the Council’s website; save that no information that in the opinion of the Director of Legal / Monitoring Offier is ‘exempt’ or ‘confidential’ as defined in the Council’s Access to Information Procedure Rules (Section 27) shall be published, included in the decision notice or available for public inspection. |
| | | Any decision taken by an individual Cabinet Member in relation to any matter delegated to them in accordance with paragraph 6 of the Mayor’s Executive Scheme of Delegation shall:- (a) be subject to the same process and rules as a Mayoral decision in accordance with paragraphs 5 and 6 above; and (b) not be made until the Mayor has confirmed in writing that he has no objection to the decision. |
| | | An Individual Mayoral Decision Proforma will be used to record the decision. An example of the type of information required on the form is shown below: |
| | | Terms of Reference – The Executive (Cabinet) and its Sub-Committees |
| | | Terms of Reference of the following Executive Bodies are set out: |
| 6. All Mayoral decisions taken in accordance with paragraph 5 above shall be:- | | |
| (a) Recorded in a log held by the Head of Democratic Services and available for public inspection; and (b) Published on the Council’s website; | | |
| save that no information that in the opinion of the Director of Legal / Monitoring Offier is ‘exempt’ or ‘confidential’ as defined in the Council’s Access to Information Procedure Rules (Section 27) shall be published, included in the decision notice or available for public inspection. | | |
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| 7. Any decision taken by an individual Cabinet Member in relation to any matter delegated to them in accordance with paragraph 6 of the Mayor’s Executive Scheme of Delegation shall:- | | |
| (a) be subject to the same process and rules as a Mayoral decision in accordance with paragraphs 5 and 6 above; and (b) not be made until the Mayor has confirmed in writing that he has no objection to the decision. | | |
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| Full details of the decision sought, including reasons for the recommendations and (where applicable) each of the options put forward; other options considered; background information; the comments of the Chief Finance Officer; the concurrent report of the Director of Legal; implications for Equalities; Risk Assessment; Background Documents; and other relevant matters are set out in the attached report. | | |
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| …………………………………………………………………………………………………………………………………… …………………………………………………………………………………………………………………………………… | | |
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| Terms of Reference – The Executive, Grants, King George’s | | |
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| Terms of Reference of the following Executive Bodies are set out: | | |
| Cabinet | | |
| King George’s Field Board | | |
| Grants Determination Cabinet Sub-Committee | | |
| Housing Management Cabinet Sub-Committee | | |
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| Section 37.1: Cabinet | | Section 37.1: Cabinet |
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| The Cabinet is forum for the Mayor and Cabinet Members to take decisions related to the executive functions of the Council. | | The Cabinet is forum for the Mayor and Cabinet Members to take decisions related to the executive functions of the Council. |
| | | The Mayor and at least 2 and not more than 9 other Cabinet Members appointed by the Mayor. |
| The Mayor and at least 2 and not more than 9 other Cabinet Members appointed by the Mayor. | | 3 Members of the Cabinet including the Mayor or, where notified in advance to the Monitoring Officer, the Statutory Deputy Mayor. |
| | | : Part C – Decision Making |
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| 3 Members of the Cabinet including the Mayor or, where notified in advance to the Monitoring Officer, the Statutory Deputy Mayor. | | |
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| Part C – Decision Making | | |
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| Section 37.2: King George's Fields Charity Board | | Section 37.2: King George's Fields Charity Board |
| n | | n | The original charity was set up following the grant of moneys from a national appeal to perpetuate the memory of the late King George V. The foundation made grants for the laying out of the playing fields and it was agreed that they would be preserved in perpetuity as a memorial to King George V. The current King George’s Field Charity Board is a Cabinet Committee fulfilling the Council’s obligations as charity trustee. Currently the work is split into two charities, King George’s Field Mile End and King George’s Field Tredegar Square. Both are dealt with by the Board. This covers a number of pieces of land including Stepney Green Park, Whitehorse Road Open Space, Tredegar Square and most of Mile End Park including Mile End Park Leisure Centre and Mile End Stadium. This includes 10 shop units situated beneath the ‘Green Bridge’ at Mile End. |
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| The original charity was set up following the grant of moneys from a national appeal to perpetuate the memory of the late King George V. | | |
| The foundation made grants for the laying out of the playing fields and it was agreed that they would be preserved in perpetuity as a memorial to King George V. The current King George’s Field Charity Board is a Cabinet Committee fulfilling the Council’s obligations as charity trustee. Currently the work is split into two charities, King George’s Field Mile End and King George’s Field Tredegar Square. Both are dealt with by the Board. | | |
| This covers a number of pieces of land including Stepney Green Park, Whitehorse Road Open Space, Tredegar Square and most of Mile End Park including Mile End Park Leisure Centre and Mile End Stadium. | | |
| This includes 10 shop units situated beneath the ‘Green Bridge’ at Mile End. | | |
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| All Members of the Cabinet | | All Members of the Cabinet |
| | | 3 Members of the Board |
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| 3 Members of the Board | | |
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| Section 37.3: Grants Determination (Cabinet) Sub-Committee | | Section 37.3: Grants Determination (Cabinet) Sub-Committee |
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| A Cabinet Sub-Committee, chaired by the Mayor, established to consider matters relating to grants. | | A Cabinet Sub-Committee, chaired by the Mayor, established to consider matters relating to grants. |
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| Four Members of the Cabinet as appointed by the Mayor. All other Executive Members can substitute where necessary. | | Four Members of the Cabinet as appointed by the Mayor. All other Executive Members can substitute where necessary. |
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| n | | n | 3 Members of the Sub-Committee |
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| 3 Members of the Sub-Committee | | |
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| Section 37.4: Housing Management (Cabinet) Sub-Committee | | Section 37.4: Housing Management (Cabinet) Sub-Committee |
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| A Cabinet Sub-Committee, chaired by the Mayor, established to advise on all matters relating to the delivery of the Council’s Landlord Housing Management function. With specific emphasis on ensuring the safety of residents living in Council-owned homes and ensuring residents shape service design and delivery. | | A Cabinet Sub-Committee, chaired by the Mayor, established to advise on all matters relating to the delivery of the Council’s Landlord Housing Management function. With specific emphasis on ensuring the safety of residents living in Council-owned homes and ensuring residents shape service design and delivery. |
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| The Mayor and three members of the Cabinet as appointed by the Mayor, to include the Cabinet Member responsible for housing management functions. | | |
| The Mayor will take decisions on the advice of the Sub-Committee. All other Cabinet members act as substitute attendees in the event that the appointed members are unable to attend. Up to three industry expert advisors (“Independent Advisors”) to be appointed, on the recommendation of the Sub-Committee, to provide independent specialist support and advice around finance, compliance, customer services and asset management. | | |
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| The quorum is three Members of the Sub-Committee (one of which must be the Mayor). | | |
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| Overview and Scrutiny | | |
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| Introduction | | |
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| Overview and Scrutiny provide an important check and balance function to ensure that the decisions of the Executive, Mayor and Cabinet are in the best interests of residents and that the council is providing high quality services. | | |
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| The scrutiny process provides non-executive councillors and co-opted Members with an opportunity to examine the services provided by the council and partner agencies, ask questions on how decisions are made and to consider whether service improvements can be put in place. Members of all political parties can work together in a challenging and constructive way to propose improvements not only to the way the council works, but also to other public services in the local area more generally. | | |
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| Section 38.1: Scrutiny Committees and Sub-Committees | | |
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| Council will appoint an Overview and Scrutiny Committee to discharge the functions conferred by sections 9F to 9FI of the Local Government Act 2000; section 19 of the Police and Justice Act 2006 (local authority scrutiny of crime and disorder matters); or any functions which may be conferred on it by virtue of regulations under section 244(2ZE) of the National Health Service Act 2006 (local authority scrutiny of health matters). | | |
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| Council will appoint a Member to serve as the Chair of the Overview and Scrutiny Committee. The Committee will appoint its own Vice-Chair. | | |
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| The Committee will appoint a Sub-Committee to discharge the Council’s functions under the National Health Service Act 2006 (including scrutiny of the local health service) to be known as the Health and Adults Scrutiny Sub-Committee and it may also appoint such other Sub-Committees as the Committee considers appropriate to carry out its work programme. The Overview and Scrutiny Committee will appoint Members as Chairs of any such sub-committees. The Sub-Committees will appoint their own Vice-Chairs. | | |
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| The Overview and Scrutiny Committee and its Scrutiny Sub-Committees will generally meet in public and will conduct their proceedings in accordance with the Procedure Rules in Section 30 of this Constitution. | | |
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| Section 38.2: Scrutiny Leads | | |
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| The Overview and Scrutiny Committee may appoint from amongst its Members, ‘Scrutiny Lead Members’ with responsibility for specific portfolios. | | |
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| Section 38.3: General Role and Responsibilities | | |
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| Section 30 (Overview and Scrutiny Procedures Rules) sets out in more detail how the Overview and Scrutiny Committee and its Sub-Committees will operate. In summary, their roles include the following: | | |
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| Section 38.4: Reporting | | |
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| The Overview and Scrutiny Committee reports annually to Council on its work. | | |
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| The Overview and Scrutiny Committee and the Scrutiny Sub-Committees will report to Council, Cabinet or the Mayor or appropriate Cabinet member and make recommendations, as appropriate. This process is set out in more detail in Section 30 (Overview and Scrutiny Procedure Rules). | | |
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| Overview and Scrutiny Procedure Rules | | |
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| Section 39.1: STATUTORY SCRUTINY OFFICER | | |
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| As required under Section 9FB Local Government Act 2000, the Council will appoint a Statutory Scrutiny Officer whose role is to oversee the arrangements for the Overview and Scrutiny function. | | |
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| The Statutory Scrutiny Officer shall be the officer holder of the following post: •Director of Strategy, Improvement and Transformation. | | |
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| Section 39.2: THE ARRANGEMENTS FOR OVERVIEW AND SCRUTINY | | |
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| Council will appoint an Overview and Scrutiny Committee (OSC) to discharge the functions conferred by sections 9F to 9FI of the Local Government Act 2000; section 19 of the Police and Justice Act 2006 (local authority scrutiny of crime and disorder matters); or any functions which may be conferred on it by virtue of regulations under section 244(2ZE) of the National Health Service Act 2006 (local authority scrutiny of health matters). | | |
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| There will be one standing Scrutiny Sub-Committee to discharge the Council’s functions under the National Health Service Act 2006 and OSC may also appoint such other Sub-Committees as the Committee considers appropriate to carry out its work programme. | | |
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| The role of Overview and Scrutiny is to: | | |
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| Section 39.3: THE OVERVIEW AND SCRUTINY COMMITTEE | | |
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| The Overview and Scrutiny Committee will comprise nine Members of the Council and up to two co-opted members. Up to three substitutes per political group may be appointed. Its terms of reference are set out in detail in Section xxx of this part of the Constitution but they include: | | |
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| Section 39.4: SCRUTINY SUB-COMMITEES | | |
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| The Overview and Scrutiny Committee may establish such Sub-Committee as it considers appropriate. At this time the following sub-committees have been established: | | |
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| The Health and Adults Scrutiny Sub-Committee will undertake the Council’s functions under the National Health Service Act 2006 and consider matters relating to the local health service as provided by the NHS and other bodies including the Council: | | |
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| The membership of individual Scrutiny Sub-Committees and their terms of reference will be determined by the Overview and Scrutiny Committee. They will include the following: | | |
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| It is expected that Scrutiny Sub-Committees would meet at least five times a year. | | |
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| Section 39.5: WHO CHAIRS THE OVERVIEW AND SCRUTINY COMMITTEE AND THE SCRUTINY SUB-COMMITTEES | | |
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| The Chair of the Overview and Scrutiny Committee and the Chairs of the Scrutiny Sub-Committees will be drawn from among the Councillors sitting on the Committee. | | |
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| Council shall appoint a Member to serve as Chair of the Overview and Scrutiny Committee. If Council does not, and subject to the requirement at 11. above, the Committee may appoint such a person as it considers appropriate as Chair. | | |
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| The Overview and Scrutiny Committee will appoint the Chair and Members of any Sub-Committees. The Vice-Chair of each Committee and Sub-Committee shall be appointed by the Committee or Sub-Committee itself. | | |
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| Section 39.6: SCRUTINY LEAD MEMBERS | | |
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| The Overview and Scrutiny Committee will select from among its Councillor Members lead Scrutiny Members, one for each of the following portfolios:- | | |
| Overview and Scrutiny Committee’s Chair’s Portfolio Children & Education* Community Safety and Environment Health & Adults* Housing & Regeneration* Resources and Finance | | |
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| *To Chair the related Scrutiny Sub-Committee. | | |
| These themes may be subject to change from time to time and will be agreed by the Overview and Scrutiny Committee. | | |
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| Section 39.7: WHO MAY SIT ON OVERVIEW AND SCRUTINY? | | |
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| All Councillors except Members of the Executive may be Members of the Overview and Scrutiny Committee and Scrutiny Sub-Committees. However, no Member may be involved in scrutinising a decision in which they have been directly involved. | | |
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| Section 39.8: CO-OPTEES | | |
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| The Overview and Scrutiny Committee will be responsible for approving co-opted Members for the Scrutiny Sub-Committees. Co-opted Members will be non-voting except in relation to Education matters only (see ‘Education Representatives’ below). | | |
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| Section 39.9: EDUCATION REPRESENTATIVES | | |
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| The Children and Education Scrutiny Sub-Committee must include in its membership the following voting representatives in respect of education matters: | | |
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| The Committee may also include a Muslim representative who can also vote in respect of education matters. | | |
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| These Members may speak but not vote on any other (i.e. non educational) matters. | | |
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| Rules 16 to 18 also apply to any other Scrutiny meeting where an education matter is to be discussed. | | |
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| These Members may also receive the same Executive unrestricted and restricted agenda papers in relation to executive decision making as the Councillor Members of the Committee/Sub-Committee to which they are appointed. | | |
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| Section 39.10: MEETINGS | | |
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| The Overview and Scrutiny Committee shall meet in accordance with the calendar of meetings approved by Council. The Chair of the Committee may call an extraordinary meeting of the Committee at any time subject to the ordinary rules on the convening of meetings and the Access to Information Procedure Rules (see Part B Section xxx of the Constitution). | | |
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| The Scrutiny Sub-Committees shall meet in accordance with a timetable agreed by the Overview and Scrutiny Committee, but will establish their own pattern of meetings within this framework and the Chair of the Overview and Scrutiny Committee may decide to lead any Scrutiny Sub-Committees. | | |
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| The Overview and Scrutiny Committee and its Sub-Committees will generally meet in public and will conduct their proceedings in accordance with these procedure rules and the Access to Information Rules at Part B Section xxx. | | |
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| Section 39.11: QUORUM | | |
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| The quorum for the Overview and Scrutiny Committee and the Scrutiny Sub-Committees shall be three voting Members. | | |
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| Section 39.12: WORK PROGRAMME | | |
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| The Overview and Scrutiny Committee will be responsible for agreeing the overview and scrutiny work programme for the year. | | |
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| Section 39.13: AGENDA ITEMS | | |
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| Any Member of the Overview and Scrutiny Committee and/or any Scrutiny Sub-Committee shall be entitled to give notice to the Statutory Scrutiny Officer that they wish an item relevant to the functions of the Committee to be included on the agenda for the next available meeting. On receipt of such a request the Stautory Scrutiny Officer will ensure that it is included on the next available agenda provided that it is relevant to the Committee work programme. | | |
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| The Overview and Scrutiny Committee shall also respond, as soon as its work programme permits, to requests from Council and if it considers it appropriate the Mayor or Executive to review particular areas of Council activity. Where they do so, the Overview and Scrutiny Committee shall report their findings and any recommendations back to the Mayor/Executive and/or Council. The Executive shall consider the matter at one of its next two meetings following receipt of the report. If the matter is relevant to the Council only then will they consider the report at their next meeting. | | |
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| Any Council Member may refer to the Overview and Scrutiny Committee a local government matter in accordance with section 119 of the Local Government and Public Involvement in Health Act 2007. In relation to any matter referred under this provision, the Committee shall consider whether or not to exercise its powers under section 21B of the Local Government Act 2000 to make a report or recommendation(s) to Council or the Executive on the matter. | | |
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| A “local government matter” at 28 above is one that | | |
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| Excluded matters are: | | |
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| If the Committee decides not to exercise any of its powers in relation to a matter referred to it under 28 above, it shall notify the Member who referred the matter of its decision and the reasons for it. If the Committee does make any report or recommendation(s) to the authority or the executive on the matter referred, it shall provide the Member with a copy of that report or recommendation(s), subject to the provisions of section 21D of the Local Government Act 2000 regarding confidential or exempt information. | | |
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| Section 39.14: SPECIFIC ROLE OF THE SCRUTINY COMMITTEE AND SUB-COMMITTEES | | |
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| Section 39.15: POLICY REVIEW AND DEVELOPMENT | | |
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| The role of the Overview and Scrutiny Committee in relation to the development of the Council’s budget and policy framework is set out in detail in the Budget and Policy Framework Procedure Rules (see Part D Section xxx of the Constitution). A summary is set out below: | | |
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| In relation to the development of the Council’s approach to other matters not forming part of its policy and budget framework, the Overview and Scrutiny Committee may make proposals to the Mayor or Executive for developments in so far as they relate to matters within its terms of reference. | | |
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| The Overview and Scrutiny Committee or any Scrutiny Sub-Committee established for this purpose may hold enquiries and investigate the available options for future direction in policy development and may appoint advisers and assessors to assist them in this process. They may go on site visits, conduct public surveys, hold public meetings, commission research and do all other things that they reasonably consider necessary to inform their deliberations. They may ask witnesses to attend to address them on any matter under consideration and may pay to any advisers, assessors and witnesses a reasonable fee and expenses for doing so. | | |
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| Section 39.16: REPORTS FROM OVERVIEW AND SCRUTINY | | |
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| The Overview and Scrutiny Committee will report to Council, Cabinet or the Mayor or appropriate Cabinet Member and make recommendations as appropriate. All reports from Scrutiny Sub-Committees will be agreed by the relevant sub-committee and the Chair of that Committee will provide an update at the next meeting of the Overview and Scrutiny Committee. If the report cannot be agreed by the Sub-Committee, or if there are not any meetings of Sub-Committee, and in other exceptional circumstances, the report can be agreed by the Overview and Scrutiny Committee. Once it has formed recommendations on proposals for development, the Overview and Scrutiny Committee will prepare a formal report and submit it to the Executive Mayor and relevant Cabinet Member and Senior Officers for consideration and a formal response (if the proposals are consistent with the existing budgetary and policy framework) or to Council as appropriate (e.g. if the recommendation would require a departure from or a change to the agreed budget and policy framework). | | |
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| The Executive shall consider the report of the Overview and Scrutiny Committee and/or Sub-Committee at one of its future meetings setting out its response to any recommendations. The Council will consider the report at its next ordinary meeting if appropriate. | | |
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| Section 39.17: SCRUTINY REVIEW GROUPS | | |
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| The following rules apply to reports prepared by Scrutiny Review Groups replacing the general rules set out above. The Overview and Scrutiny Committee or its Sub-Committee may set up a ‘Review Group’ to examine a particular service or issue. The Review Group will comprise Scrutiny Members and internal and external experts as required. At the conclusion of its work the Review Group will report back to its parent Committee/Sub-Committee with its findings and recommendations. | | |
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| The parent Committee/Sub-Committee will then consider those findings and recommendations. It may, should it wish then refer those recommendations to the Mayor and Executive or the Council for a response. | | |
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| If, following consultation with the Mayor and Executive, officers are in agreement with the proposed recommendations set out, then the report shall be accepted by the relevant Corporate Director under delegated authority. This determination must take place within one month of receipt of the report. | | |
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| If no decision under 38 is taken, there is a challenge to the recommendations, or the Mayor and Executive specifically wish to comment on the report, then the Executive shall consider the report of the Overview and Scrutiny Committee at one of its future meetings following submission of the report. The Council will consider the report at its next ordinary meeting if appropriate. | | |
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| Section 39.18: MAKING SURE THAT OVERVIEW AND SCRUTINY REPORTS ARE CONSIDERED BY THE EXECUTIVE | | |
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| Once the Overview and Scrutiny Committee has completed its deliberations on any matter it will forward a copy of its final report to the Statutory Scrutiny Officer who will allocate it to either the Executive or the Council for consideration in accordance with the Local Authorities (Functions and Responsibilities) Regulations 2000 (as amended) and the Local Authorities (arrangements for the Discharge of Functions) Regulations 2000. | | |
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| If the Statutory Scrutiny Officer, following consultation with the Monitoring Officer, refers the matter to Council, they may first refer it to the Mayor or Executive, who will have two weeks in which to consider the Overview and Scrutiny report and formulate any additional comments or recommendations. | | |
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| For the avoidance of doubt, the Mayor or Executive shall not alter or amend any Overview and Scrutiny Committee report before referring it to Council, but shall only make additional comments or recommendations (including any corporate, financial or legal implications) as may be appropriate. However, if Council does not agree with the Mayor’s or Executive’s recommendations, the disputes resolution procedure in Rule 2 of the Budget and Policy Framework Procedure Rules (see Part D Section xxx of the Constitution) will apply. | | |
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| If the contents of the report would not have implications for the Council’s budget and policy framework, and is thus not referred to Council by the Monitoring Officer, the Mayor or Executive will have two weeks in which to consider the matter and respond to the overview and scrutiny report. | | |
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| Where the Overview and Scrutiny Committee makes a report or recommendations to the authority or the Mayor or Executive in accordance with section 21B of the Local Government Act 2000 as amended, the Committee shall by notice in writing require the authority or Mayor or Executive:- | | |
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| It is the duty of the authority or Mayor or Executive to which a notice is given under 45 above to comply with the requirements specified in the notice. | | |
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| Section 39.19: RIGHTS OF COMMITTEE MEMBERS TO DOCUMENTS | | |
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| In addition to their rights as Councillors, Members of the Overview and Scrutiny Committee or a Scrutiny Sub-Committee have such additional rights to documents, and to notice of meetings as may be set out in the Access to Information Procedure Rules (see Part B Section 8 of the Constitution). | | |
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| Nothing in this paragraph prevents more detailed liaison between the Executive and the Overview and Scrutiny Committee as appropriate depending on the particular matter under consideration. | | |
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| Section 39.20: MEMBERS AND OFFICERS GIVING ACCOUNT | | |
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| The Overview and Scrutiny Committee may scrutinise and review decisions made or actions taken in connection with the discharge of any Council function. As well as reviewing documentation, in fulfilling their role, they may require the Mayor, any other Member of the Executive, a Councillor, the Head of Paid Service and/or any senior officer to attend before it to explain in relation to matters within their remit: | | |
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| Where the Mayor, any Member or officer is required to attend the Overview and Scrutiny Committee or a Scrutiny Sub-Committee under this provision, the Chair of the Committee or Sub-Committee will inform the Chief Executive. The Chief Executive shall inform the Mayor, Member or officer in writing giving at least fifteen working days’ notice of the meeting at which they are required to attend. The notice will state the nature of the item on which they are required to attend to give account and whether any papers are required to be produced for the Committee or Sub-Committee. Where the account to be given to the Committee will require the production of a report, then the Mayor, Member or officer concerned will be given sufficient notice to allow for preparation of that documentation. | | |
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| Where, in exceptional circumstances, the Mayor, Member or officer is unable to attend on the required date, then the Committee or Sub-Committee shall in consultation with the Mayor, Member or officer arrange an alternative date for attendance, to take place within a maximum of twenty-one working days from the date of the original request. | | |
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| Except in exceptional circumstances, any failure by the Mayor or Member to attend the Committee or Sub-Committee will be considered a breach of the Code of Conduct for Members and investigated accordingly. Any failure by an Officer to attend will be dealt with under the appropriate disciplinary procedure. | | |
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| Section 39.21: ATTENDANCE BY OTHERS | | |
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| The Overview and Scrutiny Committee or a Scrutiny Sub-Committee may invite people other than those people referred to in ‘Members an Officers Giving Account’ above to address it, discuss issues of local concern and/or answer questions. It may for example wish to hear from residents, stakeholders and Members and officers in other parts of the public sector and shall invite such people to attend. | | |
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| Section 39.22: CALL-IN | | |
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| When a decision is made by the Mayor, the Cabinet, an individual Member of the Executive, a Committee of the Executive, or a key decision is made by an officer with delegated authority or under joint arrangements, the decision shall be published on the Council’s website Members of the Overview and Scrutiny Committee will be sent an alert when all such decisions within the same timescale, by the person responsible for publishing the decision. | | |
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| The decision publication and call-in deadlines are all published in advance on the Council’s website. Decisions will come into force, and may then be implemented at 5pm on the fifth clear working day, after the publication of the decision unless, after receiving a written request to do so, the Monitoring Officer calls the decision in. | | |
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| During that period, the Monitoring Officer shall call-in a decision for scrutiny by the Overview and Scrutiny Committee if so requested by: | | |
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| The Monitoring Officer shall call-in a decision within twenty-four hours of receiving a written request to do so and shall place it on the agenda of the next meeting of the Overview and Scrutiny Committee on such a date as they may determine, where possible after consultation with the Chair of the Committee, and in any case within five clear working days of the decision to call-in. However, the Monitoring Officer will not call-in: | | |
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| Where the matter is in dispute, both the Chief Executive and the Monitoring Officer should be satisfied that one of the above criteria applies. | | |
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| The Monitoring Officer shall then notify the decision taker of the call-in, who shall suspend implementation of the decision. | | |
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| If, having considered the decision, the Overview and Scrutiny Committee is still concerned about it, then it may refer it back to the Mayor or Executive for reconsideration, setting out in writing the nature of its concerns or if the matter should properly be considered by Council refer the matter to Council. If referred to the decision-maker they shall then reconsider within a further five clear working days or as soon as is reasonably practical thereafter, amending the decision or not, before adopting a final decision. | | |
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| For the avoidance of doubt, if the Overview and Scrutiny Committee refers a matter back to the decision-making person or body, the implementation of that decision shall be suspended until such time as the decision-making person or body reconsiders and either amends or confirms that decision. | | |
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| If following an objection to the decision, the Overview and Scrutiny Committee does not meet in the period set out above, or does meet but does not refer the matter back to the decision-making person or body, the decision shall take effect on the date of the Overview and Scrutiny Committee meeting, or the expiry of that further five working day period, whichever is the earlier. | | |
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| If the matter was referred to Council and Council does not object to a decision which has been made, then no further action is necessary and the decision will be effective in accordance with the provision below. However, if Council does object, then Council will refer any decision to which it objects back to the decision-making person or body together with Council’s views on the decision. That decision-making person or body shall decide whether to amend the decision or not before reaching a final decision and implementing it. Where the decision was taken by the Executive as a whole or a Committee of the Executive, a meeting will be convened to reconsider within five clear working days of the request. Where the decision was made by an individual, the individual will also reconsider within five clear working days of the request. | | |
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| If Council does not meet, or it does but does not refer the decision back to the decision-making body or person, the decision will become effective on the date of Council or expiry of the period in which the meeting should have been held, whichever is the earlier. | | |
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| Section 39.23: CALL-IN AND URGENCY | | |
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| The call-in procedure set out above shall not apply where the decision being taken by the Mayor, the Executive or a Committee of the Executive, or the key decision being made by an officer with delegated authority from the Executive or under joint arrangements is urgent. A decision will be urgent if any delay likely to be caused by the call-in process would seriously prejudice the Council’s or the public’s interests. | | |
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| The record of the decision and notice by which it is made public shall state whether in the opinion of the decision making person or body, the decision is an urgent one, and therefore not subject to call-in. | | |
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| The Chair of the Overview and Scrutiny Committee must agree both that the decision proposed is reasonable in all the circumstances and to it being treated as a matter of urgency. In the absence of the Chair, the Speaker’s consent shall be required. In the absence of both, the consent of the Deputy Speaker or the Head of Paid Service or her/his nominee shall be required. | | |
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| Decisions taken as a matter of urgency must be reported to the next available meeting of Council, together with the reasons for urgency. | | |
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| The operation of the provisions relating to call-in and urgency shall be monitored annually, and a report submitted to Council with proposals for review if necessary. | | |
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| Section 39.24: THE PARTY WHIP | | |
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| The use of the party whip to influence decisions of the Overview and Scrutiny Committee or one of its Sub-Committees is inappropriate and should not be used. | | |
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| In this rule “a party whip” means any instruction given by or on behalf of a political group to any Councillor who is a Member of that group as to how that Councillor shall speak or vote on any matter before Council or any Committee, or the application or threat to apply any sanction by the group in respect of that Councillor should they speak or vote in any particular manner. | | |
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| Section 39.25: PROCEDURE AT OVERVIEW AND SCRUTINY COMMITTEE MEETINGS | | |
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| The Overview and Scrutiny Committee and the Scrutiny Panels shall consider the following business: | | |
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| Where the Overview and Scrutiny Committee or a Scrutiny Sub-Committee conducts investigations (e.g. with a view to policy development), the body may also ask people to attend to give evidence at meetings of the body. Such meetings are to be conducted in accordance with the following principles: | | |
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| Following any investigation or review, the Committee or Sub-Committee shall prepare a report, for submission to the Mayor/Executive and/or Council as appropriate by the Overview and Scrutiny Committee, and shall make its report and findings public in so far as the report does not contain exempt or confidential information. | | |
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| Section 39.26: SUSPENSION | | |
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| Any part of these Rules may be suspended in accordance with Council Procedure Rule 23 within Part D Section xxx of this Constitution provided such suspension is not contrary to the law. | | |
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| Overview and Scrutiny Committee Terms of Reference | | |
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| The Council will appoint an Overview and Scrutiny Committee to discharge the functions: | | |
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| The aim is to make the decision-making process more transparent, accountable and inclusive, and improve services for people by being responsive to their needs. | | |
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| 9 non-executive councillors – including the chair and leads from Sub Committees. | | |
| Two non-voting Co-Optees may also be appointed. | | |
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| : Three members of the Committee | | |
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| Meeting Procedures for Children and Education Scrutiny Sub-Committee | | |
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| Section 41.1: Chair and Membership | | |
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| Sub-Committees will be chaired by a Member of the Overview and Scrutiny Committee. For this Sub-Committee it will be the Lead Scrutiny Member for Children and Education. The membership of the Children and Education Scrutiny Sub-Committee has been determined by the Overview and Scrutiny Committee. | | |
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| Section 41.2: Frequency of meetings | | |
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| The Children and Education Scrutiny Sub-Committee will meet 5 times a year. Dates will be published on the Council’s website. | | |
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| Meetings are scheduled to take place at 6.30pm. The Sub-Committee may arrange other meetings as and when necessary to consider any urgent issues as well as arranging meetings for detailed scrutiny reviews and challenge sessions. | | |
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| Section 41.3: Support to the Sub-Committee | | |
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| The Director for Strategy, Transformation and Improvement, will be the senior officer lead and champion the work of the Sub-Committee. | | |
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| The servicing of meetings will be undertaken by the Council’s Democratic Services Team which will include: | | |
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| The Strategy and Communities Team Strategy and Policy Team will provide policy support to the Sub-Committee which will include: | | |
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| Section 41.4: Proceedings | | |
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| The Children and Education Scrutiny Sub-Committee will generally meet in public and conduct its proceedings in accordance with the rules and procedure contained in the Council’s Constitution such as the: | | |
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| Meeting Procedures for Health and Adults Scrutiny Sub-Committee | | |
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| Section 42.1: Chair and Membership | | |
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| Sub-Committees will be chaired by a Member of the Overview and Scrutiny Committee. For this Sub-Committee it will be the Lead Scrutiny Member for Health & Adults. The membership of the Health and Adults Scrutiny Sub-Committee has been determined by the Overview and Scrutiny Committee. | | |
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| Section 42.2: Frequency of meetings | | |
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| The Health and Adults Scrutiny Sub-Committee will meet 5 times a year. The dates will be published on the Council’s Website. | | |
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| Meetings are scheduled to take place at 6.30pm (unless they fall during the month of Ramadan where they will endeavour to start at 5.30pm). The Sub-Committee may arrange other meetings as and when necessary to consider any urgent issues as well as arranging meetings for detailed scrutiny reviews and challenge sessions. | | |
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| Section 42.3: Support to the Sub-Committee | | |
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| The Director for Strategy, Transformation and Improvement, will be the senior officer lead and champion the work of the Sub-Committee. | | |
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| The servicing of meetings will be undertaken by the Council’s Democratic Services Team which will include: | | |
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| The Strategy and Communities Team will provide policy support to the Sub-Committee which will include: | | |
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| Section 42.4: Proceedings | | |
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| The Health and Adults Scrutiny Sub-Committee will generally meet in public and conduct its proceedings in accordance with the rules and procedure contained in the Council’s Constitution such as the: | | |
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| Meeting Procedures for Housing and Regeneration Scrutiny Sub-Committee | | |
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| Section 43.1: Chair and Membership | | |
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| Sub-Committees will be chaired by a Member of the Overview and Scrutiny Committee. For this Sub-Committee it will be the Lead Scrutiny Member for Housing & Regeneration. The membership of the Housing & Regeneration Scrutiny Sub-Committee has been determined by the Overview and Scrutiny Committee. | | |
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| Section 43.2: Frequency of meetings | | |
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| The Housing & Regeneration Scrutiny Sub-Committee will meet 6 times a year. The meeting dates will be published on the Council’s website. | | |
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| Meetings are scheduled to take place at 6.30pm (unless they fall during the month of Ramadan where they will endeavour to start at 5.30pm). The Sub-Committee may arrange other meetings as and when necessary to consider any urgent issues as well as arranging meetings for detailed scrutiny reviews and challenge sessions. | | |
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| Section 43.3: Support to the Sub-Committee | | |
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| The Director for Strategy, Transformation and Improvement, will be the senior officer lead and champion the work of the Sub-Committee. | | |
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| The servicing of meetings will be undertaken by the Council’s Democratic Services Team which will include: | | |
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| The Strategy and Communities Team will provide policy support to the Sub-Committee which will include: | | |
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| Section 43.4: Proceedings | | |
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| The Housing and Regeneration Scrutiny Sub-Committee will generally meet in public and conduct its proceedings in accordance with the rules and procedure contained in the Council’s Constitution such as the: | | |
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| Terms of Reference – Children and Education Scrutiny Sub-Committee | | |
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| The Children and Education Scrutiny Sub-Committee has been established to scrutinise the provision, planning and management of children and young people’s services – including children’s social care; safeguarding children; children in care; SEN and education inclusion, troubled families and the Youth Offending Service (YOS) education, learning and schools; youth services; early years; education capital estate and youth & play services. | | |
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| 7 non-executive councillors – the chair and six councillors; and 6 co-opted members (consisting of: - a Church of England and a Roman Catholic representative; 3 Parent Governor representatives under paragraph 7 of Schedule A1 to the Local Government Act 2000; and a Muslim faith representative). | | |
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| : Three voting Members | | |
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| Terms of Reference – Health and Adults Scrutiny Sub-Committee | | |
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| The Health and Adults Scrutiny Sub-Committee has been established to undertake the Council’s responsibilities in respect of Scrutinising local health services and adult social care, covering services provided by the Council as well as those provided by the Council’s partners. | | |
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| 7 non-executive councillors – the chair and six councillors. | | |
| Two non-voting Co-Optees may also be appointed. | | |
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| : Three voting Members | | |
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| Terms of Reference – Housing and Regeneration Scrutiny Sub-Committee | | |
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| The Housing and Regeneration Scrutiny Sub-Committee will undertake overview and scrutiny pertaining to housing management and planning matters, as well as regeneration strategy and sustainability, including economic development, regeneration and inequality; and employment strategy and initiatives and skills development. | | |
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| 7 non-executive councillors – the chair and six councillors | | |
| Two non-voting Co-Optees may also be appointed, | | |
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| : Three voting Members | | |
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| Councillor Call-for Action Procedure | | |
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| Section 47.1: Tower Hamlets Councillor Call for Action (CCfA) Guide | | |
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| Section 47.2: Introduction | | |
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| Councillor Call for Action (CCfA) powers were first introduced in the Local Government and Public Involvement in Health Act (2007) to provide a formal mechanism that allows councillors (in England) to refer an issue of local concern e.g. related to local government matter and affecting their ward for consideration by the Overview and Scrutiny Committee (OSC). The Localism Act (2011) further clarifies that councillors can refer matters which are not restricted to local government that are relevant to the functions of the committee. The Police and Criminal Justice Act (2006) also provides a ‘Call for Action’ in relation to crime and disorder issues. | | |
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| A CCfA can be used to tackle problems on a neighbourhood or ward specific level which has been unable to resolve through normal channels e.g. corporate complaints, petitions, Member’s Enquiries, Freedom of Information (FOI) requests and mediation. It is at the discretion of each councillor as to what issues they wish to raise for a potential review through the CCfA. However, councillors must demonstrate that other methods of resolution have been exhausted first. A CCfA request should not be considered as merely ‘scrutiny process’ it should be viewed as a whole council approach, that can assist councillors to resolve issues on behalf of their constituents. | | |
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| Section 47.3: Principles | | |
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| The CCfA process works on the basis of some broad principles: | | |
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| Section 47.4: Prior to undertaking a CCfA | | |
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| Councillors should consider the following to resolve local issues: | | |
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| Section 47.5: When a referral should be made | | |
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| Under the CCfA, councillors are able to refer issues to OSC where it can demonstrate the following: | | |
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| Importantly, undertaking a CCfA will be a means of ‘last resort’ with issues being raised at OSC . Furthermore, undertaking a CCfA does not guarantee to resolve an issue but it offers the chance to bring a pressing matter to a wider audience with an opportunity to discuss the item. | | |
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| Section 47.6: Benefits of a CCfA | | |
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| The CCfA process provides an opportunity: | | |
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| Section 47.7: Limitations of a CCfA | | |
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| There are some issues that are excluded from referral as a CCfA: | | |
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| Section 47.8: How will Overview and Scrutiny Committee deal with a CCfA Request? | | |
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| A CCfA referral to OSC will place an issue on the OSC’s agenda. It is up to the Committee to decide whether or not to take the issue further. To determine if the CCfA needs to be looked at in detail, the OSC will be able to use the following criteria: | | |
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| If the OSC decides to take any action, then it will inform the councillor that raised the CCfA and provide that councillor with a copy of any report or recommendations that are made in relation to the CCfA. Where relevant the councillor will also be provided with any response received from the Cabinet or a partner organisation in relation to the CCfA. | | |
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| Section 47.9: Statutory Scrutiny Officer | | |
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| There are some circumstance where a CCfA will not be dealt with under this scheme as specified by the limitations of a CCfA; or any other circumstances which, in the opinion of the Statutory Scrutiny Officer would mean the CCfA would be better dealt with using a different Council procedure. | | |
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| Section 47.10: Timeframe or a CCfA Requisition | | |
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| For a CCfA to be considered, it must be submitted at least 10 working days in advance of the OSC meeting. If a CCfA submission request falls within 10 working days, it will need to be scheduled for the next OSC meeting. | | |
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| Section 47.11: Councillor Call for Action (CCfA) process | | |
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| Section 47.12: London Borough of Tower Hamlets Overview and Scrutiny Committee ‘Councillor Call for Action’ Requisition | | |
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| Members | | |
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| The Speaker of the Council | | |
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| The position of Speaker of the Council performs the duties often carried out by the post of ‘civic mayor’. | | |
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| The Council has decided, in agreeing its Executive Arrangements, that the Speaker of the Council will be the first citizen of the Borough and will perform the majority of civic and ceremonial duties for the Borough. The Mayor will perform those functions as the Council’s representative where they relate to the promotion of, or business of, the Council. Any future change to these arrangements will be a matter for the Council to determine. | | |
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| Section 48.1: The Speaker of the Council may not be a member of the Executive | | |
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| The Speaker of the Council and the Deputy Speaker will be elected by Council annually and the Speaker will have the following roles and functions: | | |
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| Section 48.2: The Deputy Speaker of the Council will deputise for the Speaker of the Council whenever the Speaker of the Council is unavailable or unable to act | | |
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| The order of precedence for civic events shall be as follows, with the Borough's First Citizen representing the Council at Civic Ceremonial functions in the Borough including: | | |
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| And events outside the Borough including: | | |
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| This does not preclude the attendance and involvement of the Mayor and/or other Councillors. | | |
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| Members of the Council | | |
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| Section 49.1: Composition and Eligibility | | |
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| The Council will comprise a directly elected Mayor and 45 Councillors. The Mayor will be elected by the voters of the whole borough; and the Councillors will be elected by the voters of each ward, in accordance with a scheme drawn up by the Local Government Boundary Commission for England. | | |
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| The term ‘Member of the Council’ (or simply ‘Member’) as used throughout this Constitution includes both the Mayor and the Councillors and any individuals co-opted to Council Committees and Sub-Committees. | | |
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| Only registered voters of the borough, or those living or working in Tower Hamlets, in accordance with the relevant legislation will be eligible to stand for election for the office of Mayor or Councillor. | | |
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| Section 49.2: Election and Terms of the Mayor and Councillors | | |
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| The regular elections of Mayor and Councillors will be held every four years, normally on the first Thursday in May. The term of office of the Mayor and Councillors will be four years and will start on the fourth day after being elected and will finish on the fourth day after the date of the next regular election. | | |
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| Section 49.3: Roles and Functions of all Councillors | | |
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| All Councillors will:- | | |
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| Section 49.4: Rights and Duties | | |
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| Councillors will have such rights of access to such documents, information, land and buildings of the Council as are necessary for the proper discharge of their functions and in accordance with the law. | | |
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| Councillors will not make public information which is confidential or exempt without the consent of the Council or divulge information given in confidence to anyone other than a Councillor or officer entitled to know it. | | |
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| For these purposes “confidential” and “exempt” are defined in the Access to Information Procedure Rules in Part B Section 8 of the Constitution. | | |
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| Section 49.5: Cessation of Membership | | |
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| A Councillor will cease to be a Member if they resign by giving notice in writing, or if they fail to observe the requirement to attend Council meetings as prescribed by section 85 of the Local Government Act 1972 or if they are disqualified from holding office by virtue of section 80 of the Local Government Act 1972 or any other statutory provision. | | |
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| With regard to the requirement to attend meetings, a Councillor must attend at least one relevant meeting during a period of six (6) months to remain qualified to hold office. A relevant meeting includes Council, the Cabinet, any Committee, Sub Committee or external body to which the Councillor has been formally appointed. | | |
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| If a Councillor believes that there is an exceptional and unavoidable reason why they are unable to attend a relevant meeting during a period of six (6) months or to otherwise perform their proper duties as a Councillor for part or all of the same period, the Councillor concerned may seek a dispensation from the Council by writing to the Chief Executive explaining the reason for their unavoidable absence and the period to which the absence will relate. This will be reported to the Council at its next ordinary meeting. The Council will decide whether or not to grant such an exemption to the attendance requirement and will only do so in exceptional circumstances and with evidence that the absence is unavoidable. An exemption cannot be granted if a particular Councillor’s absence has already exceeded six months. | | |
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| Where a Co-opted Member fails to attend (in person) at least half of the ordinarily scheduled Committee/Sub-Committee meetings in a municipal year, the Committee/Sub-Committee on which they sit will receive a report at its first meeting of the new municipal year allowing it to review any mitigating factors and determine whether any action should be taken (including as a final option, recommendation for removal should that be considered appropriate) by Council or the Committee/Sub-Committee who originally appointed them to the role. | | |
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| In respect of Scrutiny Committees/Sub-Committees, all reports will be considered by the Overview and Scrutiny Committee to ensure consistency of approach. | | |
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| Note – the definition of Co-opted Member is that set out in the Member Code of Conduct – Part H – Section xx (including all Scrutiny Co-optees). | | |
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| Section 49.6: Conduct | | |
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| The Mayor, Councillors and Co-opted Members will at all times observe the Code of Conduct for Members, Member/Officer Protocol, the Licensing and Planning Codes of Conduct and all other Codes and Protocols set out within this Constitution or otherwise agreed by the Council from time to time. | | |
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| Section 49.7: Allowances | | |
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| The Mayor, Councillors and Co-opted Members will be entitled to receive allowances in accordance with the Members’ Allowances Scheme as set out in Part H Section xx of this Constitution. | | |
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| Code of Conduct for Members | | |
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| Section 50.1: Introduction and Purpose of the Code | | |
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| This Code has been developed to support the high standards of leadership and performance of members, and the openness and accountability necessary to ensure public confidence in the way in which you conduct your public duties. | | |
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| The Code applies to the Mayor, Councillors, and Co-opted Members of the Council, collectively referred to as Member(s) in the remainder of this document. | | |
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| A “Co-opted Member” is defined in the Localism Act 2011 Section 27(4) as “a person who is not a Member of the authority but who | | |
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| and who is entitled to vote on any question that falls to be decided at any meeting of that committee or sub-committee”. | | |
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| Some Co-opted Members of the Council’s Scrutiny Committees are not caught by the above definition as they do not have the right to vote, however all Scrutiny Co-optees are expected to abide by the terms of this Code of Conduct. | | |
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| The Code does not apply to Independent Persons, Observers and other persons involved in the Council’s Committees, Boards, and Panels. They are expected to take into account the Code and to follow any rules set out by their own organisations and act appropriately. This includes those Members of bodies such as the Health and Wellbeing Board who are appointed by other organisations. | | |
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| The purpose of this Code of Conduct is to assist you, as a Member, in modelling the behaviour that is expected of you, to provide a personal check and balance, and to set out the type of conduct that could lead to action being taken against you. It is also to protect you, the public, fellow Members, local authority officers and the reputation of local government. It sets out general principles of conduct expected of all Members and your specific obligations in relation to standards of conduct. The LGA encourages the use of support, training and mediation prior to action being taken using the Code. The fundamental aim of the Code is to create and maintain public confidence in the role of Member and local government. | | |
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| In addition to the Member Code of Conduct, the Council’s governance arrangements include a number of further Codes and Protocols set out in the Constitution which provide additional guidance or obligations which Members must consider. These include, but are not limited to, the Planning and Licensing Codes of Conduct and the Member / Officer Relations Protocol. | | |
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| As Members you are also required to adhere to the Council’s Social Media policy in your role as a Member. | | |
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| The Member Code of Conduct has been set within the context of the Tower Values of ‘Together, Open, Willing, Excellent, and Respect’ which we all hold Council's TOWER values (towerhamlets.gov.uk) . | | |
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| This Code of Conduct has been developed from the Model Code of Conduct published by the Local Government Association (LGA). The LGA has also produced guidance to accompany its Model Code. This guidance is a useful reference point for Members and officers on the application of the Code. | | |
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| The relevant sections of the guidance are referenced throughout this Code as a useful guide on the application of the code The full guidance is available here: https://www.local.gov.uk/publications/guidance-local-government-association-model-councillor-code-conduct | | |
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| Although the guidance is a useful reference for officers and Members, it will be for the Monitoring Officer in consultation with the Independent Person and/or Standards Advisory Committee as appropriate, (applying the Code), to determine whether a Member has breached it. | | |
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| Section 50.2: General principles of Member conduct | | |
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| Everyone in public office at all levels; all who serve the public or deliver public services, including ministers, civil servants, Members and local authority officers; should uphold the Seven Principles of Public Life , also known as the Nolan Principles. The Nolan Principles are set out in Appendix A to the Code of Conduct. | | |
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| In accordance with the public trust placed in me, on all occasions: | | |
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| In undertaking my role: | | |
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| n | | n | The Mayor and three members of the Cabinet as appointed by the Mayor, to include the Cabinet Member responsible for housing management functions. |
| | | The Mayor will take decisions on the advice of the Sub-Committee. All other Cabinet members act as substitute attendees in the event that the appointed members are unable to attend. Up to three industry expert advisors (“Independent Advisors”) to be appointed, on the recommendation of the Sub-Committee, to provide independent specialist support and advice around finance, compliance, customer services and asset management. |
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| | | The quorum is three Members of the Sub-Committee (one of which must be the Mayor). |
| | | Overview and Scrutiny |
| | | Introduction |
| | | Overview and Scrutiny provide an important check and balance function to ensure that the decisions of the Executive, Mayor and Cabinet are in the best interests of residents and that the council is providing high quality services. |
| | | The scrutiny process provides non-executive councillors and co-opted Members with an opportunity to examine the services provided by the council and partner agencies, ask questions on how decisions are made and to consider whether service improvements can be put in place. Members of all political parties can work together in a challenging and constructive way to propose improvements not only to the way the council works, but also to other public services in the local area more generally. |
| | | Section 38.1: Scrutiny Committees and Sub-Committees |
| | | Council will appoint an Overview and Scrutiny Committee to discharge the functions conferred by Sections 9F to 9FI of the Local Government Act 2000; Section 19 of the Police and Justice Act 2006 (local authority scrutiny of crime and disorder matters); or any functions which may be conferred on it by virtue of regulations under Section 244(2ZE) of the National Health Service Act 2006 (local authority scrutiny of health matters). |
| | | Council will appoint a Member to serve as the Chair of the Overview and Scrutiny Committee. The Committee will appoint its own Vice-Chair. |
| | | The Committee will appoint a Sub-Committee to discharge the Council’s functions under the National Health Service Act 2006 (including scrutiny of the local health service) to be known as the Health and Adults Scrutiny Sub-Committee and it may also appoint such other Sub-Committees as the Committee considers appropriate to carry out its work programme. The Overview and Scrutiny Committee will appoint Members as Chairs of any such sub-committees. The Sub-Committees will appoint their own Vice-Chairs. |
| | | The Overview and Scrutiny Committee and its Scrutiny Sub-Committees will generally meet in public and will conduct their proceedings in accordance with the Procedure Rules in Section 30 of this Constitution. |
| | | Section 38.2: Scrutiny Leads |
| | | The Overview and Scrutiny Committee may appoint from amongst its Members, ‘Scrutiny Lead Members’ with responsibility for specific portfolios. |
| | | Section 38.3: General Role and Responsibilities |
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| | | Section 39 (Overview and Scrutiny Procedure Rules) sets out in more detail how the Overview and Scrutiny Committee and its Sub-Committees will operate. In summary, their roles include the following: |
| | | Section 38.4: Reporting |
| | | The Overview and Scrutiny Committee reports annually to Council on its work. |
| | | The Overview and Scrutiny Committee and the Scrutiny Sub-Committees will report to Council, Cabinet or the Mayor or appropriate Cabinet member and make recommendations, as appropriate. This process is set out in more detail in Section 30 (Overview and Scrutiny Procedure Rules). |
| | | Overview and Scrutiny Procedure Rules |
| | | Section 39.1: STATUTORY SCRUTINY OFFICER |
| | | As required under Section 9FB Local Government Act 2000, the Council will appoint a Statutory Scrutiny Officer whose role is to oversee the arrangements for the Overview and Scrutiny function. |
| | | The Statutory Scrutiny Officer shall be the officer holder of the following post: •Director of Strategy, Improvement and Transformation. |
| | | Section 39.2: THE ARRANGEMENTS FOR OVERVIEW AND SCRUTINY |
| | | Council will appoint an Overview and Scrutiny Committee (OSC) to discharge the functions conferred by sections 9F to 9FI of the Local Government Act 2000; section 19 of the Police and Justice Act 2006 (local authority scrutiny of crime and disorder matters); or any functions which may be conferred on it by virtue of regulations under section 244(2ZE) of the National Health Service Act 2006 (local authority scrutiny of health matters). |
| | | There will be one standing Scrutiny Sub-Committee to discharge the Council’s functions under the National Health Service Act 2006 and OSC may also appoint such other Sub-Committees as the Committee considers appropriate to carry out its work programme. |
| | | The role of Overview and Scrutiny is to: |
| | | Section 39.3: THE OVERVIEW AND SCRUTINY COMMITTEE |
| | | The Overview and Scrutiny Committee will comprise nine Members of the Council and up to two co-opted members. Up to three substitutes per political group may be appointed. Its terms of reference are set out in detail in Chapter 40 of this part of the Constitution but they include: |
| | | Section 39.4: SCRUTINY SUB-COMMITEES |
| | | The Overview and Scrutiny Committee may establish such Sub-Committee as it considers appropriate. At this time the following sub-committees have been established: |
| | | The Health and Adults Scrutiny Sub-Committee will undertake the Council’s functions under the National Health Service Act 2006 and consider matters relating to the local health service as provided by the NHS and other bodies including the Council: |
| | | The membership of individual Scrutiny Sub-Committees and their terms of reference will be determined by the Overview and Scrutiny Committee. They will include the following: |
| | | It is expected that Scrutiny Sub-Committees would meet at least five times a year. |
| | | Section 39.5: WHO CHAIRS THE OVERVIEW AND SCRUTINY COMMITTEE AND THE SCRUTINY SUB-COMMITTEES |
| | | The Chair of the Overview and Scrutiny Committee and the Chairs of the Scrutiny Sub-Committees will be drawn from among the Councillors sitting on the Committee. |
| | | Council shall appoint a Member to serve as Chair of the Overview and Scrutiny Committee. If Council does not, and subject to the requirement at 11. above, the Committee may appoint such a person as it considers appropriate as Chair. |
| | | The Overview and Scrutiny Committee will appoint the Chair and Members of any Sub-Committees. The Vice-Chair of each Committee and Sub-Committee shall be appointed by the Committee or Sub-Committee itself. |
| | | Section 39.6: SCRUTINY LEAD MEMBERS |
| | | The Overview and Scrutiny Committee will select from among its Councillor Members lead Scrutiny Members, one for each of the following portfolios:- |
| | | Overview and Scrutiny Committee’s Chair’s Portfolio Children & Education* Community Safety and Environment Health & Adults* Housing & Regeneration* Resources and Finance |
| | | *To Chair the related Scrutiny Sub-Committee. |
| | | These themes may be subject to change from time to time and will be agreed by the Overview and Scrutiny Committee. |
| | | Section 39.7: WHO MAY SIT ON OVERVIEW AND SCRUTINY? |
| | | All Councillors except Members of the Executive may be Members of the Overview and Scrutiny Committee and Scrutiny Sub-Committees. However, no Member may be involved in scrutinising a decision in which they have been directly involved. |
| | | Section 39.8: CO-OPTEES |
| | | The Overview and Scrutiny Committee will be responsible for approving co-opted Members for the Scrutiny Sub-Committees. Co-opted Members will be non-voting except in relation to Education matters only (see ‘Education Representatives’ below). |
| | | Section 39.9: EDUCATION REPRESENTATIVES |
| | | The Children and Education Scrutiny Sub-Committee must include in its membership the following voting representatives in respect of education matters: |
| | | The Committee may also include a Muslim representative who can also vote in respect of education matters. |
| | | These Members may speak but not vote on any other (i.e. non educational) matters. |
| | | Rules 16 to 18 also apply to any other Scrutiny meeting where an education matter is to be discussed. |
| | | These Members may also receive the same Executive unrestricted and restricted agenda papers in relation to executive decision making as the Councillor Members of the Committee/Sub-Committee to which they are appointed. |
| | | Section 39.10: MEETINGS |
| | | The Overview and Scrutiny Committee shall meet in accordance with the calendar of meetings approved by Council. The Chair of the Committee may call an extraordinary meeting of the Committee at any time subject to the ordinary rules on the convening of meetings and the Access to Information Procedure Rules set out in Part B, Chapter 10 of the Constitution. |
| | | The Scrutiny Sub-Committees shall meet in accordance with a timetable agreed by the Overview and Scrutiny Committee, but will establish their own pattern of meetings within this framework and the Chair of the Overview and Scrutiny Committee may decide to lead any Scrutiny Sub-Committees. |
| | | The Overview and Scrutiny Committee and its Sub-Committees will generally meet in public and will conduct their proceedings in accordance with these procedure rules and the Access to Information Rules set out in Part B, Chapter 10 . |
| | | Section 39.11: QUORUM |
| | | The quorum for the Overview and Scrutiny Committee and the Scrutiny Sub-Committees shall be three voting Members. |
| | | Section 39.12: WORK PROGRAMME |
| | | The Overview and Scrutiny Committee will be responsible for agreeing the overview and scrutiny work programme for the year. |
| | | Section 39.13: AGENDA ITEMS |
| | | Any Member of the Overview and Scrutiny Committee and/or any Scrutiny Sub-Committee shall be entitled to give notice to the Statutory Scrutiny Officer that they wish an item relevant to the functions of the Committee to be included on the agenda for the next available meeting. On receipt of such a request the Stautory Scrutiny Officer will ensure that it is included on the next available agenda provided that it is relevant to the Committee work programme. |
| | | The Overview and Scrutiny Committee shall also respond, as soon as its work programme permits, to requests from Council and if it considers it appropriate the Mayor or Executive to review particular areas of Council activity. Where they do so, the Overview and Scrutiny Committee shall report their findings and any recommendations back to the Mayor/Executive and/or Council. The Executive shall consider the matter at one of its next two meetings following receipt of the report. If the matter is relevant to the Council only then will they consider the report at their next meeting. |
| | | Any Council Member may refer to the Overview and Scrutiny Committee a local government matter in accordance with section 119 of the Local Government and Public Involvement in Health Act 2007. In relation to any matter referred under this provision, the Committee shall consider whether or not to exercise its powers under section 21B of the Local Government Act 2000 to make a report or recommendation(s) to Council or the Executive on the matter. |
| | | A “local government matter” at 28 above is one that |
| | | Excluded matters are: |
| | | If the Committee decides not to exercise any of its powers in relation to a matter referred to it under 28 above, it shall notify the Member who referred the matter of its decision and the reasons for it. If the Committee does make any report or recommendation(s) to the authority or the executive on the matter referred, it shall provide the Member with a copy of that report or recommendation(s), subject to the provisions of section 21D of the Local Government Act 2000 regarding confidential or exempt information. |
| | | Section 39.14: SPECIFIC ROLE OF THE SCRUTINY COMMITTEE AND SUB-COMMITTEES |
| | | Section 39.15: POLICY REVIEW AND DEVELOPMENT |
| | | The role of the Overview and Scrutiny Committee in relation to the development of the Council’s budget and policy framework is set out in detail in the Budget and Policy Framework Procedure Rules set out in Part D, Chapter 19 of the Constitution. A summary is set out below: |
| | | In relation to the development of the Council’s approach to other matters not forming part of its policy and budget framework, the Overview and Scrutiny Committee may make proposals to the Mayor or Executive for developments in so far as they relate to matters within its terms of reference. |
| | | The Overview and Scrutiny Committee or any Scrutiny Sub-Committee established for this purpose may hold enquiries and investigate the available options for future direction in policy development and may appoint advisers and assessors to assist them in this process. They may go on site visits, conduct public surveys, hold public meetings, commission research and do all other things that they reasonably consider necessary to inform their deliberations. They may ask witnesses to attend to address them on any matter under consideration and may pay to any advisers, assessors and witnesses a reasonable fee and expenses for doing so. |
| | | Section 39.16: REPORTS FROM OVERVIEW AND SCRUTINY |
| | | The Overview and Scrutiny Committee will report to Council, Cabinet or the Mayor or appropriate Cabinet Member and make recommendations as appropriate. All reports from Scrutiny Sub-Committees will be agreed by the relevant sub-committee and the Chair of that Committee will provide an update at the next meeting of the Overview and Scrutiny Committee. If the report cannot be agreed by the Sub-Committee, or if there are not any meetings of Sub-Committee, and in other exceptional circumstances, the report can be agreed by the Overview and Scrutiny Committee. Once it has formed recommendations on proposals for development, the Overview and Scrutiny Committee will prepare a formal report and submit it to the Executive Mayor and relevant Cabinet Member and Senior Officers for consideration and a formal response (if the proposals are consistent with the existing budgetary and policy framework) or to Council as appropriate (e.g. if the recommendation would require a departure from or a change to the agreed budget and policy framework). |
| | | The Executive shall consider the report of the Overview and Scrutiny Committee and/or Sub-Committee at one of its future meetings setting out its response to any recommendations. The Council will consider the report at its next ordinary meeting if appropriate. |
| | | Section 39.17: SCRUTINY REVIEW GROUPS |
| | | The following rules apply to reports prepared by Scrutiny Review Groups replacing the general rules set out above. The Overview and Scrutiny Committee or its Sub-Committee may set up a ‘Review Group’ to examine a particular service or issue. The Review Group will comprise Scrutiny Members and internal and external experts as required. At the conclusion of its work the Review Group will report back to its parent Committee/Sub-Committee with its findings and recommendations. |
| | | The parent Committee/Sub-Committee will then consider those findings and recommendations. It may, should it wish then refer those recommendations to the Mayor and Executive or the Council for a response. |
| | | If, following consultation with the Mayor and Executive, officers are in agreement with the proposed recommendations set out, then the report shall be accepted by the relevant Corporate Director under delegated authority. This determination must take place within one month of receipt of the report. |
| | | If no decision under 38 is taken, there is a challenge to the recommendations, or the Mayor and Executive specifically wish to comment on the report, then the Executive shall consider the report of the Overview and Scrutiny Committee at one of its future meetings following submission of the report. The Council will consider the report at its next ordinary meeting if appropriate. |
| | | Section 39.18: MAKING SURE THAT OVERVIEW AND SCRUTINY REPORTS ARE CONSIDERED BY THE EXECUTIVE |
| | | Once the Overview and Scrutiny Committee has completed its deliberations on any matter it will forward a copy of its final report to the Statutory Scrutiny Officer who will allocate it to either the Executive or the Council for consideration in accordance with the Local Authorities (Functions and Responsibilities) Regulations 2000 (as amended) and the Local Authorities (arrangements for the Discharge of Functions) Regulations 2000. |
| | | If the Statutory Scrutiny Officer, following consultation with the Monitoring Officer, refers the matter to Council, they may first refer it to the Mayor or Executive, who will have two weeks in which to consider the Overview and Scrutiny report and formulate any additional comments or recommendations. |
| | | For the avoidance of doubt, the Mayor or Executive shall not alter or amend any Overview and Scrutiny Committee report before referring it to Council, but shall only make additional comments or recommendations (including any corporate, financial or legal implications) as may be appropriate. However, if Council does not agree with the Mayor’s or Executive’s recommendations, the disputes resolution procedure in Section 19.1 of the Budget and Policy Framework Procedure Rules (Part D, Chapter 19) will apply. |
| | | If the contents of the report would not have implications for the Council’s budget and policy framework, and is thus not referred to Council by the Monitoring Officer, the Mayor or Executive will have two weeks in which to consider the matter and respond to the overview and scrutiny report. |
| | | Where the Overview and Scrutiny Committee makes a report or recommendations to the authority or the Mayor or Executive in accordance with section 21B of the Local Government Act 2000 as amended, the Committee shall by notice in writing require the authority or Mayor or Executive:- |
| | | It is the duty of the authority or Mayor or Executive to which a notice is given under 45 above to comply with the requirements specified in the notice. |
| | | Section 39.19: RIGHTS OF COMMITTEE MEMBERS TO DOCUMENTS |
| | | In addition to their rights as Councillors, Members of the Overview and Scrutiny Committee or a Scrutiny Sub-Committee have such additional rights to documents, and to notice of meetings as may be set out in the Access to Information Procedure Rules (Part B, Chapter 10) of the Constitution. |
| | | Nothing in this paragraph prevents more detailed liaison between the Executive and the Overview and Scrutiny Committee as appropriate depending on the particular matter under consideration. |
| | | Section 39.20: MEMBERS AND OFFICERS GIVING ACCOUNT |
| | | The Overview and Scrutiny Committee may scrutinise and review decisions made or actions taken in connection with the discharge of any Council function. As well as reviewing documentation, in fulfilling their role, they may require the Mayor, any other Member of the Executive, a Councillor, the Head of Paid Service and/or any senior officer to attend before it to explain in relation to matters within their remit: |
| | | Where the Mayor, any Member or officer is required to attend the Overview and Scrutiny Committee or a Scrutiny Sub-Committee under this provision, the Chair of the Committee or Sub-Committee will inform the Chief Executive. The Chief Executive shall inform the Mayor, Member or officer in writing giving at least fifteen working days’ notice of the meeting at which they are required to attend. The notice will state the nature of the item on which they are required to attend to give account and whether any papers are required to be produced for the Committee or Sub-Committee. Where the account to be given to the Committee will require the production of a report, then the Mayor, Member or officer concerned will be given sufficient notice to allow for preparation of that documentation. |
| | | Where, in exceptional circumstances, the Mayor, Member or officer is unable to attend on the required date, then the Committee or Sub-Committee shall in consultation with the Mayor, Member or officer arrange an alternative date for attendance, to take place within a maximum of twenty-one working days from the date of the original request. |
| | | Except in exceptional circumstances, any failure by the Mayor or Member to attend the Committee or Sub-Committee will be considered a breach of the Code of Conduct for Members and investigated accordingly. Any failure by an Officer to attend will be dealt with under the appropriate disciplinary procedure. |
| | | Section 39.21: ATTENDANCE BY OTHERS |
| | | The Overview and Scrutiny Committee or a Scrutiny Sub-Committee may invite people other than those people referred to in ‘Members an Officers Giving Account’ above to address it, discuss issues of local concern and/or answer questions. It may for example wish to hear from residents, stakeholders and Members and officers in other parts of the public sector and shall invite such people to attend. |
| | | Section 39.22: CALL-IN |
| | | When a decision is made by the Mayor, the Cabinet, an individual Member of the Executive, a Committee of the Executive, or a key decision is made by an officer with delegated authority or under joint arrangements, the decision shall be published on the Council’s website Members of the Overview and Scrutiny Committee will be sent an alert when all such decisions within the same timescale, by the person responsible for publishing the decision. |
| | | The decision publication and call-in deadlines are all published in advance on the Council’s website. Decisions will come into force, and may then be implemented at 5pm on the fifth clear working day, after the publication of the decision unless, after receiving a written request to do so, the Monitoring Officer calls the decision in. |
| | | During that period, the Monitoring Officer shall call-in a decision for scrutiny by the Overview and Scrutiny Committee if so requested by: |
| | | The Monitoring Officer shall call-in a decision within twenty-four hours of receiving a written request to do so and shall place it on the agenda of the next meeting of the Overview and Scrutiny Committee on such a date as they may determine, where possible after consultation with the Chair of the Committee, and in any case within five clear working days of the decision to call-in. However, the Monitoring Officer will not call-in: |
| | | Where the matter is in dispute, both the Chief Executive and the Monitoring Officer should be satisfied that one of the above criteria applies. |
| | | The Monitoring Officer shall then notify the decision taker of the call-in, who shall suspend implementation of the decision. |
| | | If, having considered the decision, the Overview and Scrutiny Committee is still concerned about it, then it may refer it back to the Mayor or Executive for reconsideration, setting out in writing the nature of its concerns or if the matter should properly be considered by Council refer the matter to Council. If referred to the decision-maker they shall then reconsider within a further five clear working days or as soon as is reasonably practical thereafter, amending the decision or not, before adopting a final decision. |
| | | For the avoidance of doubt, if the Overview and Scrutiny Committee refers a matter back to the decision-making person or body, the implementation of that decision shall be suspended until such time as the decision-making person or body reconsiders and either amends or confirms that decision. |
| | | If following an objection to the decision, the Overview and Scrutiny Committee does not meet in the period set out above, or does meet but does not refer the matter back to the decision-making person or body, the decision shall take effect on the date of the Overview and Scrutiny Committee meeting, or the expiry of that further five working day period, whichever is the earlier. |
| | | If the matter was referred to Council and Council does not object to a decision which has been made, then no further action is necessary and the decision will be effective in accordance with the provision below. However, if Council does object, then Council will refer any decision to which it objects back to the decision-making person or body together with Council’s views on the decision. That decision-making person or body shall decide whether to amend the decision or not before reaching a final decision and implementing it. Where the decision was taken by the Executive as a whole or a Committee of the Executive, a meeting will be convened to reconsider within five clear working days of the request. Where the decision was made by an individual, the individual will also reconsider within five clear working days of the request. |
| | | If Council does not meet, or it does but does not refer the decision back to the decision-making body or person, the decision will become effective on the date of Council or expiry of the period in which the meeting should have been held, whichever is the earlier. |
| | | Section 39.23: CALL-IN AND URGENCY |
| | | The call-in procedure set out above shall not apply where the decision being taken by the Mayor, the Executive or a Committee of the Executive, or the key decision being made by an officer with delegated authority from the Executive or under joint arrangements is urgent. A decision will be urgent if any delay likely to be caused by the call-in process would seriously prejudice the Council’s or the public’s interests. |
| | | The record of the decision and notice by which it is made public shall state whether in the opinion of the decision making person or body, the decision is an urgent one, and therefore not subject to call-in. |
| | | The Chair of the Overview and Scrutiny Committee must agree both that the decision proposed is reasonable in all the circumstances and to it being treated as a matter of urgency. In the absence of the Chair, the Speaker’s consent shall be required. In the absence of both, the consent of the Deputy Speaker or the Head of Paid Service or her/his nominee shall be required. |
| | | Decisions taken as a matter of urgency must be reported to the next available meeting of Council, together with the reasons for urgency. |
| | | The operation of the provisions relating to call-in and urgency shall be monitored annually, and a report submitted to Council with proposals for review if necessary. |
| | | Section 39.24: THE PARTY WHIP |
| | | The use of the party whip to influence decisions of the Overview and Scrutiny Committee or one of its Sub-Committees is inappropriate and should not be used. |
| | | In this rule “a party whip” means any instruction given by or on behalf of a political group to any Councillor who is a Member of that group as to how that Councillor shall speak or vote on any matter before Council or any Committee, or the application or threat to apply any sanction by the group in respect of that Councillor should they speak or vote in any particular manner. |
| | | Section 39.25: PROCEDURE AT OVERVIEW AND SCRUTINY COMMITTEE MEETINGS |
| | | The Overview and Scrutiny Committee and the Scrutiny Panels shall consider the following business: |
| | | Where the Overview and Scrutiny Committee or a Scrutiny Sub-Committee conducts investigations (e.g. with a view to policy development), the body may also ask people to attend to give evidence at meetings of the body. Such meetings are to be conducted in accordance with the following principles: |
| | | Following any investigation or review, the Committee or Sub-Committee shall prepare a report, for submission to the Mayor/Executive and/or Council as appropriate by the Overview and Scrutiny Committee, and shall make its report and findings public in so far as the report does not contain exempt or confidential information. |
| | | Section 39.26: SUSPENSION |
| | | Any part of these Rules may be suspended in accordance with Council Procedure Rule 23 within Part D, Chapter 17 of this Constitution provided such suspension is not contrary to the law. |
| | | Overview and Scrutiny Committee Terms of Reference |
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| | | The Council will appoint an Overview and Scrutiny Committee to discharge the functions: |
| | | The aim is to make the decision-making process more transparent, accountable and inclusive, and improve services for people by being responsive to their needs. |
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| | | 9 non-executive councillors – including the chair and leads from Sub Committees. |
| | | Two non-voting Co-Optees may also be appointed. |
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| | | : Three members of the Committee |
| | | Terms of Reference – Children and Education Scrutiny Sub-Committee |
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| | | The Children and Education Scrutiny Sub-Committee has been established to scrutinise the provision, planning and management of children and young people’s services – including children’s social care; safeguarding children; children in care; SEN and education inclusion, troubled families and the Youth Offending Service (YOS) education, learning and schools; youth services; early years; education capital estate and youth & play services. |
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| | | 7 non-executive councillors – the chair and six councillors; and 6 co-opted members (consisting of: - a Church of England and a Roman Catholic representative; 3 Parent Governor representatives under paragraph 7 of Schedule A1 to the Local Government Act 2000; and a Muslim faith representative). |
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| | | : Three voting Members |
| | | Meeting Procedures for Children and Education Scrutiny Sub-Committee |
| | | Section 42.1: Chair and Membership |
| | | Sub-Committees will be chaired by a Member of the Overview and Scrutiny Committee. For this Sub-Committee it will be the Lead Scrutiny Member for Children and Education. The membership of the Children and Education Scrutiny Sub-Committee has been determined by the Overview and Scrutiny Committee. |
| | | Section 42.2: Frequency of meetings |
| | | The Children and Education Scrutiny Sub-Committee will meet 5 times a year. Dates will be published on the Council’s website. |
| | | Meetings are scheduled to take place at 6.30pm. The Sub-Committee may arrange other meetings as and when necessary to consider any urgent issues as well as arranging meetings for detailed scrutiny reviews and challenge sessions. |
| | | Section 42.3: Support to the Sub-Committee |
| | | The Corporate Head of Democratic and Governance Services, will be the senior officer lead and champion the work of the Sub-Committee. |
| | | The servicing of meetings will be undertaken by the Council’s Democratic Services Team which will include: |
| | | The Scrutiny Team will provide policy support to the Sub-Committee which will include: |
| | | Section 42.4: Proceedings |
| | | The Children and Education Scrutiny Sub-Committee will generally meet in public and conduct its proceedings in accordance with the rules and procedure contained in the Council’s Constitution such as the: |
| | | Terms of Reference – Health and Adults Scrutiny Sub-Committee |
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| | | The Health and Adults Scrutiny Sub-Committee has been established to undertake the Council’s responsibilities in respect of Scrutinising local health services and adult social care, covering services provided by the Council as well as those provided by the Council’s partners. |
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| | | 7 non-executive councillors – the chair and six councillors. |
| | | Two non-voting Co-Optees may also be appointed. |
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| n | | n | : Three voting Members |
| | | Meeting Procedures for Health and Adults Scrutiny Sub-Committee |
| | | Section 44.1: Chair and Membership |
| | | Sub-Committees will be chaired by a Member of the Overview and Scrutiny Committee. For this Sub-Committee it will be the Lead Scrutiny Member for Health & Adults. The membership of the Health and Adults Scrutiny Sub-Committee has been determined by the Overview and Scrutiny Committee. |
| | | Section 44.2: Frequency of meetings |
| | | The Health and Adults Scrutiny Sub-Committee will meet 5 times a year. The dates will be published on the Council’s Website. |
| | | Meetings are scheduled to take place at 6.30pm (unless they fall during the month of Ramadan where they will endeavour to start at 5.30pm). The Sub-Committee may arrange other meetings as and when necessary to consider any urgent issues as well as arranging meetings for detailed scrutiny reviews and challenge sessions. |
| | | Section 44.3: Support to the Sub-Committee |
| | | The Corporate Head of Democratic and Governance Services, will be the senior officer lead and champion the work of the Sub-Committee. |
| | | The servicing of meetings will be undertaken by the Council’s Democratic Services Team which will include: |
| | | The Strategy and Communities Team will provide policy support to the Sub-Committee which will include: |
| | | Section 44.4: Proceedings |
| | | The Health and Adults Scrutiny Sub-Committee will generally meet in public and conduct its proceedings in accordance with the rules and procedure contained in the Council’s Constitution such as the: |
| | | Terms of Reference – Housing and Regeneration Scrutiny Sub-Committee |
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| | | The Housing and Regeneration Scrutiny Sub-Committee will undertake overview and scrutiny pertaining to housing management and planning matters, as well as regeneration strategy and sustainability, including economic development, regeneration and inequality; and employment strategy and initiatives and skills development. |
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| | | 7 non-executive councillors – the chair and six councillors |
| | | Two non-voting Co-Optees may also be appointed, |
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| n | | n | : Three voting Members |
| | | Meeting Procedures for Housing and Regeneration Scrutiny Sub-Committee |
| | | Section 46.1: Chair and Membership |
| | | Sub-Committees will be chaired by a Member of the Overview and Scrutiny Committee. For this Sub-Committee it will be the Lead Scrutiny Member for Housing & Regeneration. The membership of the Housing & Regeneration Scrutiny Sub-Committee has been determined by the Overview and Scrutiny Committee. |
| | | Section 46.2: Frequency of meetings |
| | | The Housing & Regeneration Scrutiny Sub-Committee will meet 6 times a year. The meeting dates will be published on the Council’s website. |
| | | Meetings are scheduled to take place at 6.30pm (unless they fall during the month of Ramadan where they will endeavour to start at 5.30pm). The Sub-Committee may arrange other meetings as and when necessary to consider any urgent issues as well as arranging meetings for detailed scrutiny reviews and challenge sessions. |
| | | Section 46.3: Support to the Sub-Committee |
| | | The Corporate Head of Democratic and Governance Services, will be the senior officer lead and champion the work of the Sub-Committee. |
| | | The servicing of meetings will be undertaken by the Council’s Democratic Services Team which will include: |
| | | The Scrutiny Team will provide policy support to the Sub-Committee which will include: |
| | | Section 46.4: Proceedings |
| | | The Housing and Regeneration Scrutiny Sub-Committee will generally meet in public and conduct its proceedings in accordance with the rules and procedure contained in the Council’s Constitution such as the: |
| | | Councillor Call-for Action Procedure |
| | | Section 47.1: Tower Hamlets Councillor Call for Action (CCfA) Guide |
| | | Section 47.2: Introduction |
| | | Councillor Call for Action (CCfA) powers were first introduced in the Local Government and Public Involvement in Health Act (2007) to provide a formal mechanism that allows councillors (in England) to refer an issue of local concern e.g. related to local government matter and affecting their ward for consideration by the Overview and Scrutiny Committee (OSC). The Localism Act (2011) further clarifies that councillors can refer matters which are not restricted to local government that are relevant to the functions of the committee. The Police and Criminal Justice Act (2006) also provides a ‘Call for Action’ in relation to crime and disorder issues. |
| | | A CCfA can be used to tackle problems on a neighbourhood or ward specific level which has been unable to resolve through normal channels e.g. corporate complaints, petitions, Member’s Enquiries, Freedom of Information (FOI) requests and mediation. It is at the discretion of each councillor as to what issues they wish to raise for a potential review through the CCfA. However, councillors must demonstrate that other methods of resolution have been exhausted first. A CCfA request should not be considered as merely ‘scrutiny process’ it should be viewed as a whole council approach, that can assist councillors to resolve issues on behalf of their constituents. |
| | | Section 47.3: Principles |
| | | The CCfA process works on the basis of some broad principles: |
| | | Section 47.4: Prior to undertaking a CCfA |
| | | Councillors should consider the following to resolve local issues: |
| | | Section 47.5: When a referral should be made |
| | | Under the CCfA, councillors are able to refer issues to OSC where it can demonstrate the following: |
| | | Importantly, undertaking a CCfA will be a means of ‘last resort’ with issues being raised at OSC . Furthermore, undertaking a CCfA does not guarantee to resolve an issue but it offers the chance to bring a pressing matter to a wider audience with an opportunity to discuss the item. |
| | | Section 47.6: Benefits of a CCfA |
| | | The CCfA process provides an opportunity: |
| | | Section 47.7: Limitations of a CCfA |
| | | There are some issues that are excluded from referral as a CCfA: |
| | | Section 47.8: How will Overview and Scrutiny Committee deal with a CCfA Request? |
| | | A CCfA referral to OSC will place an issue on the OSC’s agenda. It is up to the Committee to decide whether or not to take the issue further. To determine if the CCfA needs to be looked at in detail, the OSC will be able to use the following criteria: |
| | | If the OSC decides to take any action, then it will inform the councillor that raised the CCfA and provide that councillor with a copy of any report or recommendations that are made in relation to the CCfA. Where relevant the councillor will also be provided with any response received from the Cabinet or a partner organisation in relation to the CCfA. |
| | | Section 47.9: Statutory Scrutiny Officer |
| | | There are some circumstance where a CCfA will not be dealt with under this scheme as specified by the limitations of a CCfA; or any other circumstances which, in the opinion of the Statutory Scrutiny Officer would mean the CCfA would be better dealt with using a different Council procedure. |
| | | Section 47.10: Timeframe or a CCfA Requisition |
| | | For a CCfA to be considered, it must be submitted at least 10 working days in advance of the OSC meeting. If a CCfA submission request falls within 10 working days, it will need to be scheduled for the next OSC meeting. |
| | | Section 47.11: Councillor Call for Action (CCfA) process |
| | | Section 47.12: London Borough of Tower Hamlets Overview and Scrutiny Committee ‘Councillor Call for Action’ Requisition |
| | | The Councillor Call for Action form will require the following information: |
| | | Once the form has been completed it must be returned to the Head of Scrutiny. |
| | | Members |
| | | The Speaker of the Council |
| | | The position of Speaker of the Council performs the duties often carried out by the post of ‘civic mayor’. |
| | | The Council has decided, in agreeing its Executive Arrangements, that the Speaker of the Council will be the first citizen of the Borough and will perform the majority of civic and ceremonial duties for the Borough. The Mayor will perform those functions as the Council’s representative where they relate to the promotion of, or business of, the Council. Any future change to these arrangements will be a matter for the Council to determine. |
| | | Section 48.1: The Speaker of the Council may not be a member of the Executive |
| | | The Speaker of the Council and the Deputy Speaker will be elected by Council annually and the Speaker will have the following roles and functions: |
| | | Section 48.2: The Deputy Speaker of the Council will deputise for the Speaker of the Council whenever the Speaker of the Council is unavailable or unable to act |
| | | The order of precedence for civic events shall be as follows, with the Borough's First Citizen representing the Council at Civic Ceremonial functions in the Borough including: |
| | | And events outside the Borough including: |
| | | This does not prevent the attendance and involvement of the Mayor and/or other Councillors. |
| | | Members of the Council |
| | | Section 49.1: Composition and Eligibility |
| | | The Council will comprise a directly elected Mayor and 45 Councillors. The Mayor will be elected by the voters of the whole borough; and the Councillors will be elected by the voters of each ward, in accordance with a scheme drawn up by the Local Government Boundary Commission for England. |
| | | The term ‘Member of the Council’ (or simply ‘Member’) as used throughout this Constitution includes both the Mayor and the Councillors and any individuals co-opted to Council Committees and Sub-Committees. |
| | | Only registered voters of the borough, or those living or working in Tower Hamlets, in accordance with the relevant legislation will be eligible to stand for election for the office of Mayor or Councillor. |
| | | Section 49.2: Election and Terms of the Mayor and Councillors |
| | | The regular elections of Mayor and Councillors will be held every four years, normally on the first Thursday in May. The term of office of the Mayor and Councillors will be four years and will start on the fourth day after being elected and will finish on the fourth day after the date of the next regular election. |
| | | Section 49.3: Roles and Functions of all Councillors |
| | | All Councillors will:- |
| | | Section 49.4: Rights and Duties |
| | | Councillors will have such rights of access to such documents, information, land and buildings of the Council as are necessary for the proper discharge of their functions and in accordance with the law. |
| | | Councillors will not make public information which is confidential or exempt without the consent of the Council or divulge information given in confidence to anyone other than a Councillor or officer entitled to know it. |
| | | For these purposes “confidential” and “exempt” are defined in the Access to Information Procedure Rules set out in Part B, Chapter 10 of the Constitution. |
| | | Section 49.5: Cessation of Membership |
| | | A Councillor will cease to be a Member if they resign by giving notice in writing, or if they fail to observe the requirement to attend Council meetings as prescribed by section 85 of the Local Government Act 1972 or if they are disqualified from holding office by virtue of section 80 of the Local Government Act 1972 or any other statutory provision. |
| | | With regard to the requirement to attend meetings, a Councillor must attend at least one relevant meeting during a period of six (6) months to remain qualified to hold office. A relevant meeting includes Council, the Cabinet, any Committee, Sub Committee or external body to which the Councillor has been formally appointed. |
| | | If a Councillor believes that there is an exceptional and unavoidable reason why they are unable to attend a relevant meeting during a period of six (6) months or to otherwise perform their proper duties as a Councillor for part or all of the same period, the Councillor concerned may seek a dispensation from the Council by writing to the Chief Executive explaining the reason for their unavoidable absence and the period to which the absence will relate. This will be reported to the Council at its next ordinary meeting. The Council will decide whether or not to grant such an exemption to the attendance requirement and will only do so in exceptional circumstances and with evidence that the absence is unavoidable. An exemption cannot be granted if a particular Councillor’s absence has already exceeded six months. |
| | | Where a Co-opted Member fails to attend (in person) at least half of the ordinarily scheduled Committee/Sub-Committee meetings in a municipal year, the Committee/Sub-Committee on which they sit will receive a report at its first meeting of the new municipal year allowing it to review any factors that might justify the absences and determine whether any action should be taken (including as a final option, recommendation for removal should that be considered appropriate) by Council or the Committee/Sub-Committee who originally appointed them to the role. |
| | | In respect of Scrutiny Committees/Sub-Committees, all reports will be considered by the Overview and Scrutiny Committee to ensure consistency of approach. |
| | | Note – the definition of Co-opted Member is that set out in the Member Code of Conduct – Part H, Section 50 (including all Scrutiny Co-optees). |
| | | Section 49.6: Conduct |
| | | The Mayor, Councillors and Co-opted Members will at all times observe the Code of Conduct for Members, Member/Officer Protocol, the Licensing and Planning Codes of Conduct and all other Codes and Protocols set out within this Constitution or otherwise agreed by the Council from time to time. |
| | | Section 49.7: Allowances |
| | | The Mayor, Councillors and Co-opted Members will be entitled to receive allowances in accordance with the Members’ Allowances Scheme as set out in Part H, Section 53 of this Constitution. |
| | | Code of Conduct for Members |
| | | Section 50.1: Introduction and Purpose of the Code |
| | | This Code has been developed to support the high standards of leadership and performance of members, and the openness and accountability necessary to ensure public confidence in the way in which you conduct your public duties. |
| | | The Code applies to the Mayor, Councillors, and Co-opted Members of the Council, collectively referred to as Member(s) in the remainder of this document. |
| | | A “Co-opted Member” is defined in the Localism Act 2011 Section 27(4) as “a person who is not a Member of the authority but who |
| | | Some Co-opted Members of the Council’s Scrutiny Committees and the Independent Chair of the Audit Committee do not fall within the above definition as they do not have the right to vote, however they are all are expected to abide by the terms of this Code of Conduct. |
| | | The Code does not apply to Independent Persons, Observers and other persons involved in the Council’s Committees, Boards, and Panels. They are expected to take into account the Code and to follow any rules set out by their own organisations and act appropriately. This includes those Members of bodies such as the Health and Wellbeing Board who are appointed by other organisations. |
| | | The purpose of this Code of Conduct is to assist you, as a Member, in modelling the behaviour that is expected of you, to provide a personal check and balance, and to set out the type of conduct that could lead to action being taken against you. It is also to protect you, the public, fellow Members, local authority officers and the reputation of local government. It sets out general principles of conduct expected of all Members and your specific obligations in relation to standards of conduct. The LGA encourages the use of support, training and mediation prior to action being taken using the Code. The fundamental aim of the Code is to create and maintain public confidence in the role of Members and in local governance generally. |
| | | In addition to this Code of Conduct, the Council’s governance arrangements include a number of further Codes and Protocols set out in the Constitution which provide additional guidance or obligations which Members must consider and comply with. These include, but are not limited to, the Planning and Licensing Codes of Conduct and the Member / Officer Relations Protocol. |
| | | As Members you are also required to adhere to the Council’s Social Media policy in your role as a Member. |
| | | The Member Code of Conduct has been set within the context of the the Council's Tower Values of ‘Together, Open, Willing, Excellent, and Respect’. |
| | | This Code of Conduct has been developed from the Model Code of Conduct published by the Local Government Association (LGA). The LGA has also produced guidance to accompany its Model Code. This guidance is a useful reference point for Members and officers on the application of the Code. |
| | | The relevant sections of the guidance are referenced throughout this Code as a useful guide on the application of the code The full guidance is available here: https://www.local.gov.uk/publications/guidance-local-government-association-model-councillor-code-conduct |
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| | | Although the guidance is a useful reference for officers and Members, it will be for the Monitoring Officer in consultation with the Independent Person and/or Standards Advisory Committee as appropriate, while applying the Code, to determine whether a Member has breached it. |
| | | Section 50.2: General Principles of Member Conduct |
| | | Everyone in public office at all levels; all who serve the public or deliver public services, including ministers, civil servants, Members and local authority officers; should uphold the Seven Principles of Public Life , also known as the Nolan Principles. The Nolan Principles are set out in Appendix A to the Code of Conduct. |
| | | In accordance with the public trust placed in me, on all occasions: |
| | | In undertaking my role: |
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| | | General Principles of Member Conduct |
| | | https://www.local.gov.uk/publications/guidance-local-government-association-model-councillor-code-conduct#general-principles-of-councillor-conduct |
| Section 50.3: Application of the Code of Conduct | | Section 50.3: Application of the Code of Conduct |
| n | | n | This Code of Conduct applies to you as soon as you sign your declaration of acceptance of the office of Mayor/Councillor or on appointment as a co-opted member and continues to apply to you until you cease to be a Member. |
| | | This Code of Conduct applies to you when you are acting in your capacity as a Member which may include, but is not limited to, when: |
| | | The Code applies to all forms of communication and interaction, including: |
| | | You are also expected to uphold high standards of conduct and show leadership at all times when acting as a Member. |
| | | Your Monitoring Officer has statutory responsibility for the implementation of the Code of Conduct, and you are encouraged to seek advice from your Monitoring Officer on any matters that may relate to the Code of Conduct. |
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| n | | n | |
| | | Application of the Model Member’s Code of Conduct |
| | | https://www.local.gov.uk/publications/guidance-local-government-association-model-councillor-code-conduct#application-of-the-model-councillors-code-of-conduct |
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| This Code of Conduct applies to you as soon as you sign your declaration of acceptance of the office of Mayor/Councillor or on appointment as a co-opted member and continues to apply to you until you cease to be a Member. | | |
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| This Code of Conduct applies to you when you are acting in your capacity as a member which may include, but is not limited to, when: | | |
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| The Code applies to all forms of communication and interaction, including: | | |
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| You are also expected to uphold high standards of conduct and show leadership at all times when acting as a Member. | | |
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| Your Monitoring Officer has statutory responsibility for the implementation of the Code of Conduct, and you are encouraged to seek advice from your Monitoring Officer on any matters that may relate to the Code of Conduct. | | |
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| Section 50.4: Standards of member conduct | | Section 50.4: Standards of Member Conduct |
| | | This section sets out your obligations. Should your conduct fall short of these standards, a complaint may be made against you, which may result in action being taken. |
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| This section sets out your obligations. Should your conduct fall short of these standards, a complaint may be made against you, which may result in action being taken. | | |
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| Section 50.5: General Conduct | | Section 50.5: General Conduct |
| n | | n | Respect means politeness and courtesy in behaviour, speech, and in the written word. Debate and having different views are all part of a healthy democracy. As a Member, you can express, challenge, criticise and disagree with views, ideas, opinions, and policies in a robust but civil manner. You should not, however, subject individuals, groups of people or organisations to personal attack. |
| | | In your contact with the public, you should treat them politely and courteously. Rude and offensive behaviour lowers the public’s confidence in Members. |
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| | | Respect |
| | | https://www.local.gov.uk/publications/guidance-local-government-association-model-councillor-code-conduct#respect |
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| Respect means politeness and courtesy in behaviour, speech, and in the written word. Debate and having different views are all part of a healthy democracy. As a Member, you can express, challenge, criticise and disagree with views, ideas, opinions, and policies in a robust but civil manner. You should not, however, subject individuals, groups of people or organisations to personal attack. | | |
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| In your contact with the public, you should treat them politely and courteously. Rude and offensive behaviour lowers the public’s confidence in Members. | | |
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| Section 50.6: Public Behaviour | | Section 50.6: Public Behaviour |
| n | | n | In return, you have a right to expect respectful behaviour from the public. If members of the public are being abusive, intimidatory or threatening you are entitled to stop any conversation or interaction in person or online. |
| | | If you wish to raise concerns about the behaviour of a member of the public you can seek advice from the Monitoring Officer in the first instance. |
| | | Where you have stopped engaging or refused to engage with any member of the public who could reasonably be perceived as being abusive, threatening, intimidatory or otherwise displaying unacceptable behaviours you should direct them to other communication channels within the council. |
| | | This also applies to fellow Members, where action could then be taken under the Member Code of Conduct, and local authority employees, where concerns should be raised in line with the Member / Officer Relations Protocol. |
| | | The Advisory, Conciliation and Arbitration Service (ACAS) characterises bullying as offensive, intimidating, malicious or insulting behaviour, an abuse or misuse of power through means that undermine, humiliate, denigrate or injure the recipient. Bullying might be a regular pattern of behaviour or a one-off incident, happen face-to-face, on social media, in emails or phone calls, happen in the workplace or at work social events and may not always be obvious or noticed by others. |
| | | The Protection from Harassment Act 1997 defines harassment as conduct that causes alarm or distress or puts people in fear of violence and must involve such conduct on at least two occasions. It can include repeated attempts to impose unwanted communications and contact upon a person in a manner that could be expected to cause distress or fear in any reasonable person. |
| | | Unlawful discrimination is where someone is treated unfairly because of a protected characteristic. Protected characteristics are specific aspects of a person's identity defined by the Equality Act 2010. They are age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex and sexual orientation. |
| | | The Equality Act 2010 places specific duties on local authorities. Members have a central role to play in ensuring that equality issues are integral to the local authority's performance and strategic aims, and that there is a strong vision and public commitment to equality across public services. |
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| | | Bullying, Harassment and Discrimination |
| | | https://www.local.gov.uk/publications/guidance-local-government-association-model-councillor-code-conduct#bullying |
| | | Officers work for the local authority as a whole and must be politically neutral (unless they are political assistants). They should not be coerced or persuaded to act in a way that would undermine their neutrality. You can question officers to understand, for example, their reasons for proposing to act in a particular way, or the content of a report that they have written. However, you must not require or coerce them to act differently, change their advice, or alter the content of that report if doing so would prejudice their professional integrity. |
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| | | Impartiality of Officers |
| | | https://www.local.gov.uk/publications/guidance-local-government-association-model-councillor-code-conduct#impartiality-of-officers- |
| | | Local authorities must work openly and transparently, and their proceedings and printed materials are open to the public, except in certain legally defined circumstances. You should work on this basis, but there will be times when it is required by law that discussions, documents and other information relating to or held by the local authority must be treated in a confidential manner. Examples include personal data relating to individuals or information relating to ongoing negotiations. |
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| | | Confidentiality and Access to Information |
| | | https://www.local.gov.uk/publications/guidance-local-government-association-model-councillor-code-conduct#confidentiality-and-access-to-information- |
| | | As a Member, you are trusted to make decisions on behalf of your community and your actions and behaviour are subject to greater scrutiny than that of ordinary members of the public. You should be aware that your actions might have an adverse impact on you, other Members and/or your local authority and may lower the public’s confidence in your (or your local authority’s) ability to discharge your/its functions. For example, behaviour that is considered dishonest and/or deceitful can bring your local authority into disrepute. |
| | | Members collectively are able to hold the local authority and fellow Members to account and where appropriate you can constructively challenge and express concern about decisions and processes undertaken by the council whilst continuing to adhere to other aspects of this Code of Conduct. Members should not make trivial or malicious allegations against each other. |
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| In return, you have a right to expect respectful behaviour from the public. If members of the public are being abusive, intimidatory or threatening you are entitled to stop any conversation or interaction in person or online | | Disrepute |
| | | https://www.local.gov.uk/publications/guidance-local-government-association-model-councillor-code-conduct#disrepute- |
| | | Your position as a member of the local authority provides you with certain opportunities, responsibilities and privileges, and you make choices all the time that will impact others. However, you should not take advantage of these opportunities to further your own or others’ private interests or to disadvantage anyone unfairly. |
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| | | Misuse of Position |
| | | https://www.local.gov.uk/publications/guidance-local-government-association-model-councillor-code-conduct#misuse-of-position |
| | | You may be provided with resources and facilities by the local authority to assist you in carrying out your duties as a Member. They should be used in accordance with the purpose for which they have been provided and the local authority’s own policies regarding their use and are not to be used for business or personal gain. Examples include: |
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| If you wish to raise concerns about the behaviour of a member of the public you can seek advice from the Monitoring Officer in the first instance. | | |
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| | | Misuse of resources and facilities |
| | | https://www.local.gov.uk/publications/guidance-local-government-association-model-councillor-code-conduct#misuse-of-resources-and-facilities- |
| | | It is extremely important for you as a Member to demonstrate high standards of conduct, for you to have your actions open to scrutiny and for you not to undermine public trust in the local authority or its governance. |
| | | Members are reminded that failure to co-ordinate with an investigation into a complaint of breach of the Code of Conduct or comply with relevant timescales, whether at the initial or full investigation stage, is itself a breach of the Code of Conduct. |
| | | If you do not understand or are concerned about the local authority’s processes in handling a complaint you should raise this with the Monitoring Officer. |
| | | Any alleged breach of this code will be dealt with in accordance with the arrangements set out in arrangements for dealing with complaints of breach of the code of conduct for members in Chapter 51 . |
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| | | Complying with the Code of Conduct |
| | | https://www.local.gov.uk/publications/guidance-local-government-association-model-councillor-code-conduct#complying-with-the-code-of-conduct |
| | | Section 29 of the Localism Act 2011 requires the Monitoring Officer to establish and maintain a register of interests of Members of the authority. |
| | | An example of an interest is something which is of value to you which you may have through personal, professional or other private reasons. For example, your job, home or other property. Your main financial interests are called Pecuniary Interests. |
| | | You should note that failure to register or disclose a Disclosable Pecuniary Interest as set out in Table 1 of Appendix B, is a criminal offence under the Localism Act 2011 for which you can be prosecuted. |
| | | You need to register your interests so that the public, local authority employees and fellow Members know which of your interests might give rise to a conflict of interest. |
| | | An example of a conflict of interest is ‘a situation where your interests (or responsibility to another organisation) could be (or could be seen to be) in conflict with your responsibilities as a Member’. This is especially important in relation to your role as a decision maker at the council. Table 3 of Appendix B sets out detailed provisions on registering interests and how different types of declarations should be made and dealt with at meetings. |
| | | If in doubt, always seek advice from your Monitoring Officer. |
| | | The register of interests maintained by the Monitoring Officer is a public document that can be consulted when (or before) an issue arises. Your interests will be published on your council web page. |
| | | The register also protects you by allowing you to demonstrate openness and a willingness to be held accountable. You are personally responsible for deciding whether you should disclose an interest in a meeting, but it can be helpful for you to know early on if others think that a potential conflict might arise. It is also important that the public know about any interest that might have to be disclosed by you or other Members when making or taking part in decisions, so that decision making is seen by the public as open and honest. This helps to ensure that public confidence in the integrity of local governance is maintained. |
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| Where you have stopped engaging or refused to engage with any member of the public who could reasonably be perceived as being abusive, threatening, intimidatory or otherwise displaying unacceptable behaviours you should direct them to other communication channels within the council. | | |
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| | | Declarations of Interest |
| | | https://www.local.gov.uk/publications/guidance-local-government-association-model-councillor-code-conduct#declarations-of-interest |
| | | In order to protect your position and the reputation of the local authority, you should exercise caution in accepting any gifts or hospitality which are (or which you reasonably believe to be) offered to you because you are a Member. |
| | | In particular you should exercise extreme caution in accepting any gift or hospitality valued at over £100 that is being offered to you due to your role as a Member. You should make the reasons for acceptance clear in your declaration. |
| This also applies to fellow Members, where action could then be taken under the Member Code of Conduct, and local authority employees, where concerns should be raised in line with the Member / Officer Relations Protocol. | | However, there may be times when such a refusal may be difficult if it is seen as rudeness in which case you could accept it but must ensure it is publicly registered. |
| | | However, you do not need to register gifts and hospitality which are not related to your role as a Member and that you would have received anyway such as: |
| | | Local Government Association Guidance on the Model Code of Conduct – Registration of gifts, hospitality and interests |
| | | https://www.local.gov.uk/publications/guidance-local-government-association-model-councillor-code-conduct#registration-of-gifts-hospitality-and-interests |
| | | As part of the Continuous Improvement Plan, the Council has developed the Member Pledge. The Member Pledge is not part of this Code of Conduct, but it is designed to improve Member behaviours and relationships. |
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| The Advisory, Conciliation and Arbitration Service (ACAS) characterises bullying as offensive, intimidating, malicious or insulting behaviour, an abuse or misuse of power through means that undermine, humiliate, denigrate or injure the recipient. Bullying might be a regular pattern of behaviour or a one-off incident, happen face-to-face, on social media, in emails or phone calls, happen in the workplace or at work social events and may not always be obvious or noticed by others. | | |
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| The Protection from Harassment Act 1997 defines harassment as conduct that causes alarm or distress or puts people in fear of violence and must involve such conduct on at least two occasions. It can include repeated attempts to impose unwanted communications and contact upon a person in a manner that could be expected to cause distress or fear in any reasonable person. | | |
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| Unlawful discrimination is where someone is treated unfairly because of a protected characteristic. Protected characteristics are specific aspects of a person's identity defined by the Equality Act 2010. They are age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex and sexual orientation. | | |
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| The Equality Act 2010 places specific duties on local authorities. Members have a central role to play in ensuring that equality issues are integral to the local authority's performance and strategic aims, and that there is a strong vision and public commitment to equality across public services. | | |
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| Officers work for the local authority as a whole and must be politically neutral (unless they are political assistants). They should not be coerced or persuaded to act in a way that would undermine their neutrality. You can question officers to understand, for example, their reasons for proposing to act in a particular way, or the content of a report that they have written. However, you cannot require or coerce them to act differently, change their advice, or alter the content of that report. | | |
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| Local authorities must work openly and transparently, and their proceedings and printed materials are open to the public, except in certain legally defined circumstances. You should work on this basis, but there will be times when it is required by law that discussions, documents and other information relating to or held by the local authority must be treated in a confidential manner. Examples include personal data relating to individuals or information relating to ongoing negotiations. | | |
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| As a Member, you are trusted to make decisions on behalf of your community and your actions and behaviour are subject to greater scrutiny than that of ordinary members of the public. You should be aware that your actions might have an adverse impact on you, other Members and/or your local authority and may lower the public’s confidence in your or your local authority’s ability to discharge your/it’s functions. For example, behaviour that is considered dishonest and/or deceitful can bring your local authority into disrepute. | | |
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| Members collectively are able to hold the local authority and fellow Members to account and where appropriate you can constructively challenge and express concern about decisions and processes undertaken by the council whilst continuing to adhere to other aspects of this Code of Conduct. Members should not make trivial or malicious allegations against each other. | | |
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| Your position as a member of the local authority provides you with certain opportunities, responsibilities and privileges, and you make choices all the time that will impact others. However, you should not take advantage of these opportunities to further your own or others’ private interests or to disadvantage anyone unfairly. | | |
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| You may be provided with resources and facilities by the local authority to assist you in carrying out your duties as a Member. They should be used in accordance with the purpose for which they have been provided and the local authority’s own policies regarding their use and are not to be used for business or personal gain. | | |
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| Examples include: | | |
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| If you do not understand or are concerned about the local authority’s processes in handling a complaint you should raise this with your Monitoring Officer. | | |
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| Any alleged breach of this code will be dealt with in accordance with the arrangements set out in arrangements for dealing with complaints of breach of the code of conduct for members in section xx. | | |
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| Section 29 of the Localism Act 2011 requires the Monitoring Officer to establish and maintain a register of interests of members of the authority. | | |
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| An example of an interest is something which is of value to you which you may have through personal, professional or other private reasons. For example, your job, home or other property. Your main financial interests are called Pecuniary Interests. | | |
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| You should note that failure to register or disclose a Disclosable Pecuniary Interest as set out in Table 1 of Appendix B, is a criminal offence under the Localism Act 2011 for which you can be prosecuted. | | |
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| You need to register your interests so that the public, local authority employees and fellow Members know which of your interests might give rise to a conflict of interest. | | |
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| An example of a conflict of interest is ‘a situation where your interests (or responsibility to another organisation) could be (or could be seen to be) in conflict with your responsibilities as a Member’. This is especially important in relation to your role as a decision maker at the Council. Table 3 of Appendix B sets out how different types of declarations should be dealt with at meetings. | | |
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| If in doubt, always seek advice from your Monitoring Officer. | | |
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| The register of interests maintained by the Monitoring Officer is a public document that can be consulted when (or before) an issue arises. Your interests will be published on your Council web page. | | |
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| The register also protects you by allowing you to demonstrate openness and a willingness to be held accountable. You are personally responsible for deciding whether you should disclose an interest in a meeting, but it can be helpful for you to know early on if others think that a potential conflict might arise. It is also important that the public know about any interest that might have to be disclosed by you or other Members when making or taking part in decisions, so that decision making is seen by the public as open and honest. This helps to ensure that public confidence in the integrity of local governance is maintained. | | |
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| In order to protect your position and the reputation of the local authority, you should exercise caution in accepting any gifts or hospitality which are (or which you reasonably believe to be) offered to you because you are a Member. | | |
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| It would be expected that you would accept normal gifts and hospitality in relation to your work. However, if the gift or hospitality was valued at over £100 you would normally only accept it if it directly related to your role as a Member. You should make the reasons for acceptance clear in your declaration. | | |
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| However, there may be times when such a refusal may be difficult if it is seen as rudeness in which case you could accept it but must ensure it is publicly registered. | | |
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| However, you do not need to register gifts and hospitality which are not related to your role as a member and that you would have received anyway such as: | | |
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| Section 50.7: Appendix A | | Section 50.7: Appendix A |
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| The Seven Principles of Public Life (also known as the Nolan Principles) apply to anyone who works as a public office-holder. This includes all those who are elected or appointed to public office, nationally and locally, and all people appointed to work in the Civil Service, local government, the police, courts and probation services, non-departmental public bodies (NDPBs), and in the health, education, social and care services. All public office-holders are both servants of the public and stewards of public resources. The principles also apply to all those in other sectors delivering public services. | | The Seven Principles of Public Life (also known as the Nolan Principles) apply to anyone who works as a public office-holder. This includes all those who are elected or appointed to public office, nationally and locally, and all people appointed to work in the Civil Service, local government, the police, courts and probation services, non-departmental public bodies (NDPBs), and in the health, education, social and care services. All public office-holders are both servants of the public and stewards of public resources. The principles also apply to all those in other sectors delivering public services. |
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| Holders of public office should act solely in terms of the public interest. | | |
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| Holders of public office must avoid placing themselves under any obligation to people or organisations that might try inappropriately to influence them in their work. They should not act or take decisions in order to gain financial or other material benefits for themselves, their family, or their friends. They must declare and resolve any interests and relationships. | | |
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| Holders of public office must act and take decisions impartially, fairly and on merit, using the best evidence and without discrimination or bias. | | |
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| Holders of public office are accountable to the public for their decisions and actions and must submit themselves to the scrutiny necessary to ensure this. | | |
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| Holders of public office should act and take decisions in an open and transparent manner. Information should not be withheld from the public unless there are clear and lawful reasons for so doing. | | |
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| Holders of public office should be truthful. | | |
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| | | Holders of public office should act solely in terms of the public interest. |
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| | | Holders of public office must avoid placing themselves under any obligation to people or organisations that might try inappropriately to influence them in their work. They should not act or take decisions in order to gain financial or other material benefits for themselves, their family, or their friends. They must declare and resolve any interests and relationships. |
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| | | Holders of public office must act and take decisions impartially, fairly and on merit, using the best evidence and without discrimination or bias. |
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| | | Holders of public office are accountable to the public for their decisions and actions and must submit themselves to the scrutiny necessary to ensure this. |
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| | | Holders of public office should act and take decisions in an open and transparent manner. Information should not be withheld from the public unless there are clear and lawful reasons for so doing. |
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| | | Holders of public office should be truthful. |
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| Holders of public office should exhibit these principles in their own behaviour and treat others with respect. They should actively promote and robustly support the principles and challenge poor behaviour wherever it occurs. | | Holders of public office should exhibit these principles in their own behaviour and treat others with respect. They should actively promote and robustly support the principles and challenge poor behaviour wherever it occurs. |
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| Section 50.8: Appendix B | | Section 50.8: Appendix B |
| n | | n | Within 28 days of becoming a member or your re-election or re-appointment to office you must register with the Monitoring Officer the interests which fall within the categories set out in |
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| Within 28 days of becoming a member or your re-election or re-appointment to office you must register with the Monitoring Officer the interests which fall within the categories set out in | | |
| ( ) which are as described in “The Relevant Authorities (Disclosable Pecuniary Interests) Regulations 2012”. You should also register details of your other personal interests which fall within the categories set out in | | ( ) which are as described in “The Relevant Authorities (Disclosable Pecuniary Interests) Regulations 2012”. You should also register details of your other personal interests which fall within the categories set out in |
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| means an interest of yourself, or of your partner if you are aware of your partner's interest, within the descriptions set out in Table 1 below. | | |
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| means a spouse or civil partner, or a person with whom you are living as husband or wife, or a person with whom you are living as if you are civil partners. | | |
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| You must ensure that your register of interests is kept up-to-date and within 28 days of becoming aware of any new interest, or of any change to a registered interest, notify the Monitoring Officer. | | |
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| A ‘sensitive interest’ is as an interest which, if disclosed, could lead to the member, or a person connected with the member, being subject to violence or intimidation. | | |
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| Where you have a ‘sensitive interest’ you must notify the Monitoring Officer with the reasons why you believe it is a sensitive interest. If the Monitoring Officer agrees they will withhold the interest from the public register. | | |
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| Where a matter arises at a meeting which directly relates to one of your Disclosable Pecuniary Interests as set out in , you must disclose the interest, not participate in any discussion or vote on the matter and must not remain in the room unless you have been granted a dispensation. If it is a ‘sensitive interest’, you do not have to disclose the nature of the interest, just that you have an interest. Dispensation may be granted in limited circumstances, to enable you to participate and vote on a matter in which you have a disclosable pecuniary interest. | | |
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| Where you have a disclosable pecuniary interest on a matter to be considered or is being considered by you as a Cabinet member in exercise of your executive function, you must notify the Monitoring Officer of the interest and must not take any steps or further steps in the matter apart from arranging for someone else to deal with it. | | |
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| Where a matter arises at a meeting which directly relates to one of your Other Registerable Interests (as set out in Table 2), you must disclose the interest. You may speak on the matter only if members of the public are also allowed to speak at the meeting but otherwise must not take part in any discussion or vote on the matter and must not remain in the room unless you have been granted a dispensation. If it is a ‘sensitive interest’, you do not have to disclose the nature of the interest. | | |
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| | | means an interest of yourself, or of your partner if you are aware of your partner's interest, within the descriptions set out in Table 1 below. |
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| | | means a spouse or civil partner, or a person with whom you are living as husband or wife, or a person with whom you are living as if you are civil partners. |
| | | You must ensure that your register of interests is kept up-to-date and within 28 days of becoming aware of any new interest, or of any change to a registered interest, notify the Monitoring Officer. |
| | | A ‘sensitive interest’ is as an interest which, if disclosed, could lead to the member, or a person connected with the member, being subject to violence or intimidation. |
| | | Where you have a ‘sensitive interest’ you must notify the Monitoring Officer with the reasons why you believe it is a sensitive interest. If the Monitoring Officer agrees they will withhold the interest from the public register. |
| | | Where a matter arises at a meeting which directly relates to one of your Disclosable Pecuniary Interests as set out in , you must disclose the interest, not participate in any discussion or vote on the matter and must not remain in the room unless you have been granted a dispensation. If it is a ‘sensitive interest’, you do not have to disclose the nature of the interest, just that you have an interest. Dispensation may be granted in limited circumstances, to enable you to participate and vote on a matter in which you have a disclosable pecuniary interest. |
| | | Where you have a disclosable pecuniary interest on a matter to be considered or is being considered by you as a Cabinet member in exercise of your executive function, you must notify the Monitoring Officer of the interest and must not take any steps or further steps in the matter apart from arranging for someone else to deal with it. |
| | | Where a matter arises at a meeting which directly relates to one of your Other Registerable Interests (as set out in Table 2), you must disclose the interest. You may speak on the matter only if members of the public are also allowed to speak at the meeting but otherwise must not take part in any discussion or vote on the matter and must not remain in the room unless you have been granted a dispensation. If it is a ‘sensitive interest’, you do not have to disclose the nature of the interest. |
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| Where a matter arises at a meeting which | | Where a matter arises at a meeting which |
| to your financial interest or well-being (and is not a Disclosable Pecuniary Interest set out in Table 1) or a financial interest or well-being of a relative or close associate, you must disclose the interest. You may speak on the matter only if members of the public are also allowed to speak at the meeting but otherwise must not take part in any discussion or vote on the matter and must not remain in the room unless you have been granted a dispensation. If it is a ‘sensitive interest’, you do not have to disclose the nature of the interest. | | to your financial interest or well-being (and is not a Disclosable Pecuniary Interest set out in Table 1) or a financial interest or well-being of a relative or close associate, you must disclose the interest. You may speak on the matter only if members of the public are also allowed to speak at the meeting but otherwise must not take part in any discussion or vote on the matter and must not remain in the room unless you have been granted a dispensation. If it is a ‘sensitive interest’, you do not have to disclose the nature of the interest. |
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| Where a matter arises at a meeting which | | Where a matter arises at a meeting which |
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| you must disclose the interest. To determine whether you can remain in the meeting after disclosing your interest the following test should be applied. | | – you must disclose the interest. To determine whether you can remain in the meeting after disclosing your interest the following test should be applied. |
| | | Where a matter |
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| Where a matter | | |
| your financial interest or well-being: | | your financial interest or well-being: |
| | | You may speak on the matter only if members of the public are also allowed to speak at the meeting but otherwise must not take part in any discussion or vote on the matter and must not remain in the room unless you have been granted a dispensation. |
| | | If it is a ‘sensitive interest’, you do not have to disclose the nature of the interest. |
| | | Where you have a personal interest in any business of your authority and you have made an executive decision in relation to that business, you must make sure that any written statement of that decision records the existence and nature of your interest. |
| | | This table sets out the explanation of Disclosable Pecuniary Interests as set out in the Relevant Authorities (Disclosable Pecuniary Interests) Regulations 2012 . |
| | | * ‘director’ includes a member of the committee of management of an industrial and provident society. |
| | | * ‘securities’ means shares, debentures, debenture stock, loan stock, bonds, units of a collective investment scheme within the meaning of the Financial Services and Markets Act 2000 and other securities of any description, other than money deposited with a building society. |
| | | You have a personal interest in any business of your authority where it relates to or is likely to affect: |
| | | There is no definitive list of bodies exercising functions of a public nature, but those bodies which: • carry out a public service, • or take the place of local/central government (including through outsourcing); • or carry out a function under legislation or in pursuit of a statutory power; • or can be judicially reviewed, are likely to be bodies carrying out functions of a public nature. They include bodies such as government agencies, other councils, health bodies, council owned companies and school governing bodies. |
| | | This table sets out a summary of the general rules around participation at meetings with respect to interests. This is only a summary and does not replace more specific guidance available from the Monitoring Officer. |
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| You may speak on the matter only if members of the public are also allowed to speak at the meeting but otherwise must not take part in any discussion or vote on the matter and must not remain in the room unless you have been granted a dispensation. | | |
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| If it is a ‘sensitive interest’, you do not have to disclose the nature of the interest. | | |
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| Where you have a personal interest in any business of your authority and you have made an executive decision in relation to that business, you must make sure that any written statement of that decision records the existence and nature of your interest. | | |
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| This table sets out the explanation of Disclosable Pecuniary Interests as set out in the Relevant Authorities (Disclosable Pecuniary Interests) Regulations 2012 . | | |
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| * ‘director’ includes a member of the committee of management of an industrial and provident society. | | |
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| * ‘securities’ means shares, debentures, debenture stock, loan stock, bonds, units of a collective investment scheme within the meaning of the Financial Services and Markets Act 2000 and other securities of any description, other than money deposited with a building society. | | |
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| You have a personal interest in any business of your authority where it relates to or is likely to affect: | | |
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| There is no definitive list of bodies exercising functions of a public nature, but those bodies which:- | | |
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| are likely to be bodies carrying out functions of a public nature. They include bodies such as government agencies, other councils, health bodies, council owned companies and school governing bodies. | | |
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| This table sets out a summary of the general rules around participation at meetings with respect to interests. This is only a summary and does not replace more specific guidance available from the Monitoring Officer. | | |
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| where not straight-forward, apply the precautionary principle and in all cases apply the test of whether a reasonable member of the public knowing all the facts would believe you were taking the correct course of action. | | where not straight-forward, apply the precautionary principle and in all cases apply the test of whether a reasonable member of the public knowing all the facts would believe you were taking the correct course of action. |
| | | Local Government Association Guidance on the Model Code of Conduct – Interests flowchart |
| | | https://www.local.gov.uk/publications/guidance-local-government-association-model-councillor-code-conduct#appendix-1-interests-flowchart |
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| Procedure for dealing with complaints against Members | | Procedure for dealing with complaints against Members |
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| Section 51.1: Introduction | | Section 51.1: Introduction |
| n | | n | The Council has adopted a Code of Conduct for Members which is available on the Council’s website and on request from the Monitoring Officer. |
| | | In accordance with section 28 of the Localism Act 2011, these arrangements set out how an allegation may be made that the Mayor, an elected Member or a Co-opted Member of the London Borough of Tower Hamlets has failed to comply with the Council’s Code of Conduct for Members and how the Council will deal with such allegations. |
| | | These arrangements also require that the Monitoring Officer shall ensure that the Council appoints at least one Independent Person and at least one reserve Independent Person for the purposes of meeting the statutory requirements of the Localism Act 2011. |
| | | Any reference in these arrangements to the Monitoring Officer shall include a deputy Monitoring Officer. The timelines set out are for guidance and shall be observed where practicable but may be extended by the Monitoring Officer as necessary if they cannot be complied with by any relevant party due to sickness, holidays or other reasonable cause. |
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| The Council has adopted a Code of Conduct for Members which is available on the Council’s website and on request from the Monitoring Officer. | | |
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| In accordance with section 28 of the Localism Act 2011, these arrangements set out how an allegation may be made that the Mayor, an elected Member or a Co-opted Member of the London Borough of Tower Hamlets has failed to comply with the Council’s Code of Conduct for Members and how the Council will deal with such allegations. | | |
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| These arrangements also require that the Monitoring Officer shall ensure that the Council appoints at least one Independent Person and at least one reserve Independent Person for the purposes of meeting the statutory requirements of the Localism Act 2011. | | |
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| Any reference in these arrangements to the Monitoring Officer shall include a deputy Monitoring Officer. The timelines set out are for guidance and shall be observed where practicable but may be extended by the Monitoring Officer as necessary if they cannot be complied with by any relevant party due to sickness, holidays or other reasonable cause. | | |
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| Section 51.2: Complaints | | Section 51.2: Complaints |
| n | | n | Allegations concerning possible breaches of the Code of Conduct for Members should be made in writing to the Monitoring Officer using the online conduct complaint form. Reasonable adjustments can be made for people who have a disability which prevents them from using the online form. See the email address and telephone number provided by the Council's website. |
| | | On receipt of a complaint the Monitoring Officer shall within five working days acknowledge receipt to the complainant. The Monitoring Officer will also within five working days and on a confidential basis, inform the subject Member of the substance of the complaint and the identity of the complainant (unless the Monitoring Officer considers that such notification would prejudice the proper consideration and investigation of the complaint). |
| | | Complainants must provide their name and postal address when submitting a complaint. Anonymous complaints will not be considered unless the Monitoring Officer decides (after consultation with the Independent Person) that the complaint raises a serious issue affecting the public interest which is capable of investigation without the need to ascertain the complainant's identity. |
| | | A complainant when making an allegation should specify the identity of the person(s) alleged to have breached the Code, the conduct that is alleged to give rise to the breach, the evidence that supports the allegation and the names (and contact details) for any potential witnesses able to give direct evidence of the events complained about. |
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| Allegations concerning possible breaches of the Code of Conduct for Members should be made in writing to the Monitoring Officer using the online conduct complaint form. Reasonable adjustments can be made for people who have a disability which prevents them from using the online form. See the email address and telephone number provided by the Council's website. | | |
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| On receipt of a complaint the Monitoring Officer shall within five working days acknowledge receipt to the complainant. The Monitoring Officer will also within five working days and on a confidential basis, inform the subject Member of the substance of the complaint and the identity of the complainant (unless the Monitoring Officer considers that such notification would prejudice the proper consideration and investigation of the complaint). | | |
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| Complainants must provide their name and postal address when submitting a complaint. Anonymous complaints will not be considered unless the Monitoring Officer decides (after consultation with the Independent Person) that the complaint raises a serious issue affecting the public interest which is capable of investigation without the need to ascertain the complainant's identity. | | |
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| A complainant when making an allegation should specify the identity of the person(s) alleged to have breached the Code, the conduct that is alleged to give rise to the breach, the evidence that supports the allegation and the names (and contact details) for any potential witnesses able to give direct evidence of the events complained about. | | |
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| Section 51.3: Assessment of Complaints | | Section 51.3: Assessment of Complaints |
| n | | n | The Monitoring Officer shall within 5 working days of receiving the complaint and when notifying the Member complained about of the substance of the complaint: |
| | | Within a further 10 working days after receiving comments from the Member who is the subject of the complaint, the Monitoring Officer shall, after consultation with the Independent Person: |
| | | In making this determination the Monitoring Officer may at their discretion report the matter to the Casework Advisory Sub-Committee (CASC) of the Standards Advisory Committee for consideration and/or consult other persons as appropriate. |
| | | The Monitoring Officer may decide not to refer the matter for investigation where: |
| | | Where the Monitoring Officer decides to reject a complaint, they shall inform the complainant and relevant Member complained about in writing giving the reasons for rejection. |
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| The Monitoring Officer shall within 5 working days of receiving the complaint and when notifying the Member complained about of the substance of the complaint: | | |
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| Within a further 10 working days after receiving comments from the Member who is the subject of the complaint, the Monitoring Officer shall, after consultation with the Independent Person: | | |
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| In making this determination the Monitoring Officer may at their discretion report the matter to the Casework Advisory Sub-Committee (CASC) of the Standards Advisory Committee for consideration and/or consult other persons as appropriate. | | |
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| The Monitoring Officer may decide not to refer the matter for investigation where: | | |
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| Where the Monitoring Officer decides to reject a complaint, they shall inform the complainant and relevant Member complained about in writing giving the reasons for rejection. | | |
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| Section 51.4: Investigation and Monitoring of Complaints | | Section 51.4: Investigation and Monitoring of Complaints |
| n | | n | If a complaint of failure to comply with the Code is referred for investigation the Monitoring Officer shall appoint an investigator or complete the investigation themself. Such investigation should whenever possible be completed within three months of the decision to refer the matter for investigation. The Monitoring Officer may extend this period by up to a further two months where they feel it is necessary to ensure a proper and adequate investigation. The Monitoring Officer may refer a complaint for investigation to the Monitoring Officer in a different authority where they have a conflict of interest. |
| | | The Monitoring Officer will keep the complainant and the Member complained about informed as to progress at appropriate intervals and shall inform them of any extension to the period for the investigation. |
| | | The Monitoring Officer will report every six months to the Standards Advisory Committee on the number and nature of complaints received and action taken as a result. This will include details of complaints that have been rejected by the Monitoring Officer and any extension made to the period for an investigation of a complaint. |
| | | Where any investigation into a complaint of breach of the Code finds no evidence of failure to comply with the Code of Conduct, the Monitoring Officer shall within four weeks of receipt of the investigation report, consult with the Independent Person and decide whether the matter should be closed without reference to a Hearings Advisory Sub-Committee. The Monitoring Officer shall provide a copy of the report and findings of the investigation which shall be kept confidential to the complainant and to the Member concerned and shall report the matter as part of the quarterly report to the Standards Advisory Committee for information. The Monitoring Officer may also seek advice from the CASC before deciding that a matter should be closed without reference to the Hearings Advisory Sub-Committee. |
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| If a complaint of failure to comply with the Code is referred for investigation the Monitoring Officer shall appoint an investigator or complete the investigation themself. Such investigation should whenever possible be completed within three months of the decision to refer the matter for investigation. The Monitoring Officer may extend this period by up to a further two months where they feel it is necessary to ensure a proper and adequate investigation. The Monitoring Officer may refer a complaint for investigation to the Monitoring Officer in a different authority where they have a conflict of interest. | | |
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| The Monitoring Officer will keep the complainant and the Member complained about informed as to progress at appropriate intervals and shall inform them of any extension to the period for the investigation. | | |
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| The Monitoring Officer will report every six months to the Standards Advisory Committee on the number and nature of complaints received and action taken as a result. This will include details of complaints that have been rejected by the Monitoring Officer and any extension made to the period for an investigation of a complaint. | | |
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| Where any investigation into a complaint of breach of the Code finds no evidence of failure to comply with the Code of Conduct, the Monitoring Officer shall within four weeks of receipt of the investigation report, consult with the Independent Person and decide whether the matter should be closed without reference to a Hearings Advisory Sub-Committee. The Monitoring Officer shall provide a copy of the report and findings of the investigation which shall be kept confidential to the complainant and to the Member concerned and shall report the matter as part of the quarterly report to the Standards Advisory Committee for information. The Monitoring Officer may also seek advice from the CASC before deciding that a matter should be closed without reference to the Hearings Advisory Sub-Committee. | | |
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| Where an investigation finds evidence of a failure to comply with the Code of Conduct, the Monitoring Officer following consultation with the Independent Person, may seek local resolution of the complaint. If local resolution succeeds the Monitoring Officer shall report the matter as part of the quarterly report to the Standards Advisory Committee. If local resolution does not succeed or if following consultation with the Independent Person, the Monitoring Officer considers that it is not appropriate to seek local resolution, the Monitoring Officer shall report the investigation findings to a Hearings Advisory Sub-Committee of the Standards Advisory Committee for local hearing and to obtain advice and recommendations from the Sub-Committee. The Hearings Advisory Sub-Committee will whenever practicable be convened within one month of the Monitoring Officer receiving the investigation report. | | Where an investigation finds evidence of a failure to comply with the Code of Conduct, the Monitoring Officer following consultation with the Independent Person, may seek local resolution of the complaint. If local resolution succeeds the Monitoring Officer shall report the matter as part of the quarterly report to the Standards Advisory Committee. If local resolution does not succeed or if following consultation with the Independent Person, the Monitoring Officer considers that it is not appropriate to seek local resolution, the Monitoring Officer shall report the investigation findings to a Hearings Advisory Sub-Committee of the Standards Advisory Committee for local hearing and to obtain advice and recommendations from the Sub-Committee. The Hearings Advisory Sub-Committee will whenever practicable be convened within one month of the Monitoring Officer receiving the investigation report. |
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| Section 51.5: Hearings Advisory Sub-Committee | | Section 51.5: Hearings Advisory Sub-Committee |
| n | | n | The Hearings Advisory Sub-Committee will consider the investigation report and any submissions from the Member complained about and advise the Monitoring Officer: |
| | | Possible sanctions may include any of the following:- |
| | | In determining any recommended sanction the Hearings Sub-Committee may take into account any previous breach by the Member concerned and/or their compliance with any previous sanction applied. |
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| The Hearings Advisory Sub-Committee will consider the investigation report and any submissions from the Member complained about and advise the Monitoring Officer: | | |
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| Possible sanctions may include any of the following:- | | |
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| In determining any recommended sanction the Hearings Sub-Committee may take into account any previous breach by the Member concerned and/or their compliance with any previous sanction applied. | | |
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| Member / Officer Relations Protocol | | Member / Officer Relations Protocol |
| | | Section 52.1: Introduction and Purpose of the Protocol |
| | | Members and officers must work effectively together with mutual respect to achieve the shared purpose of improving the lives of residents. Together, both bring the critical skills, experience and knowledge required to manage an effective public sector organisation. Members provide a democratic mandate to the Council, whereas officers contribute the professional expertise needed to advise and deliver on the policy framework agreed by Members. |
| | | The protocol has been developed to support high standards of leadership and performance of members and officers. It explains and supports the working relationship between Members and officers, clarifies expectations of each other and shows how to apply the principles of the codes of conduct in practical situations. It contains interpretation and guidance on some of the issues which commonly arise but is not meant to be exhaustive. If in doubt, members and officers are advised to seek further advice as outlined in the protocol below. |
| | | This protocol is part of the Council’s governance arrangements and should be read together with the Council’s Constitution, the Code of Conduct for Members and Employee Code of Conduct which provide guidance or obligations which Members and officers must consider. They regulate the conduct of others and other relevant codes of guidance. |
| | | The Protocol applies to |
| | | It is recognised that there may be differences of opinion between members and officers. Ideally, these differences will be resolved amicably. |
| | | A Member in need of support and advice about the application of this Protocol should contact the Monitoring Officer. An officer in need of support and advice about the application of this Protocol should contact their line manager in the first instance. |
| | | A failure to adhere to the guidance set out in this protocol may lead to action under the Code of Conduct for members or the Employee Code of Conduct for officers as appropriate. (See also Section 12 'Complying with the Protocol' below). |
| | | Section 52.2: Roles of Members and Officers |
| | | Section 52.3: The Relationship Between Members and Officers |
| | | Local Authorities exist to improve the lives of the residents in the borough. Members and officers strive to achieve this. However, when there is mis- communication and things go wrong, it can detract from this common goal. Members and officers should have a relationship that instils mutual trust and respect. Members and officers should understand and respect each other’s roles and responsibilities. These should be reflected in the behaviour and attitude of each to the other, both publicly and privately. |
| | | General Expectations of Conduct |
| | | Everyone in public office at all levels; who serve the public or deliver public services, including Members and local authority officers; should uphold the Seven Principles of Public Life https://www.gov.uk/government/publications/the-7-principles-of-public-life/the-7-principles-of-public-life--2 also known as the Nolan Principles . The Nolan Principles are set out in Appendix A of the Members Code of Conduct |
| | | This section sets out the obligations and the common aims of both members and officers which should assist in achieving the aim of making things better for the population of the borough. |
| Section 52.1: A- Respect | | Section 52.4: A- Respect |
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| Section 52.2: B - Bullying, harassment and discrimination | | Section 52.5: B - Bullying, harassment and discrimination |
| | | Poor working relations between Members and officers can be destructive to good governance. |
| | | 5.2 Bullying behaviour may happen only once or it may be part of a pattern of behaviour directed at a weaker person or person whom the Member or the officer has some actual or perceived influence over. Such behaviour may include attacking a specific officer’s conduct in public when Officers are instructed not to ‘answer back’ in public. This can be contrasted with the legitimate challenges which a Member or officer can make in challenging policy or scrutinising performance. |
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| Poor working relations between Members and officers can be destructive to good governance. | | |
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| 5.2 Bullying behaviour may happen only once or it may be part of a pattern of behaviour directed at a weaker person or person whom the Member or the officer has some actual or perceived influence over. Such behaviour may include attacking a specific officer’s conduct in public when Officers are instructed not to ‘answer back’ in public. This can be contrasted with the legitimate challenges which a Member or officer can make in challenging policy or scrutinising performance. | | |
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| Section 52.3: C - Impartiality and accountability of officers of the Council | | Section 52.6: C - Impartiality and accountability of officers of the Council |
| | | Members should raise constituents’ queries or concerns through the proper channels and not go direct to junior officers. Members should not seek to ‘jump the queue’, but should be aware of and implement the Council’s procedures. This approach ensures that resources are able to be appropriately prioritised and resourced. |
| | | Officers should seek to explain why a course of action is being recommended. Reports should lay out all relevant factors for the decision maker, and examine all alternatives in an even handed way. |
| | | When an Officer provides a report it should contain clear, evidence-based advice as to why a course of action is being recommended. From time to time corporate advice is given to officers on report writing and they should take care to follow it. The report should lay out all relevant factors for the decision maker, and examine all alternatives in an even handed way. Officers should take care to include even unpopular options if they feel they are relevant. |
| | | The relevant Corporate Director will always be fully responsible (and retains ultimate responsibility) for the contents of any report submitted in their name. Any issues arising between a Member and a Corporate Director in this area should be referred to the Monitoring Officer or Chief Executive for resolution. |
| | | Members have the right to criticise reports or the actions taken by officers, but they should: |
| | | Members have the ability to agree or reject proposals placed before them by officers, irrespective of the advice or recommendations made by officers so long as they generally act in good faith and exercise reasonableness in decision-making and specifically: |
| | | Officers must therefore, be able to report to Members in accordance with their professional expertise. |
| | | Members should be mindful of taking part in the decision making process when they are actually biased, where it might appear to a fair and informed observer that there was a real possibility of bias, or where a Member has predetermined the matter by closing their mind to the merits of the decision. |
| | | A resolution may be passed at meetings which authorises an officer to take action between meetings after consultation with the Chair/ Lead Member/ Portfolio Member etc. It is the officer, not the Chair etc., who takes the action and is responsible for it. The Chair etc. does not himself/ herself have the power between meetings to make decisions. |
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| Members should raise constituents’ queries or concerns through the proper channels and not go direct to junior officers. Members should not seek to ‘jump the queue’, but should be aware of and implement the Council’s procedures. This approach ensures that resources are able to be appropriately prioritised and resourced. | | |
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| Officers should seek to explain why a course of action is being recommended. Reports should lay out all relevant factors for the decision maker, and examine all alternatives in an even handed way. | | |
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| When an Officer provides a report it should contain clear, evidence-based advice as to why a course of action is being recommended. From time to time corporate advice is given to officers on report writing and they should take care to follow it. The report should lay out all relevant factors for the decision maker, and examine all alternatives in an even handed way. Officers should take care to include even unpopular options if they feel they are relevant. | | |
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| The relevant Corporate Director will always be fully responsible (and retains ultimate responsibility) for the contents of any report submitted in their name. Any issues arising between a Member and a Corporate Director in this area should be referred to the Monitoring Officer or Chief Executive for resolution. | | |
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| Members have the right to criticise reports or the actions taken by officers, but they should: | | |
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| Members have the ability to agree or reject proposals placed before them by officers, irrespective of the advice or recommendations made by officers so long as they generally act in good faith and exercise reasonableness in decision-making and specifically: | | |
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| Officers must therefore, be able to report to Members in accordance with their professional expertise. | | |
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| Members should be mindful of taking part in the decision making process when they are actually biased, where it might appear to a fair and informed observer that there was a real possibility of bias, or where a Member has predetermined the matter by closing their mind to the merits of the decision. | | |
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| A resolution may be passed at meetings which authorises an officer to take action between meetings after consultation with the Chair/ Lead Member/ Portfolio Member etc. It is the officer, not the Chair etc., who takes the action and is responsible for it. The Chair etc. does not himself/ herself have the power between meetings to make decisions. | | |
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| Section 52.4: D - Confidentiality and access to information (including Member Enquiries) | | Section 52.7: D - Confidentiality and access to information (including Member Enquiries) |
| | | The Council operates a Member’s Enquiries system which is for the Mayor and Members to use for routine requests for information and advice. A copy of the procedure is found at |
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| The Council operates a Member’s Enquiries system which is for the Mayor and Members to use for routine requests for information and advice. A copy of the procedure is found at | | |
| Member Enquiries Policy and Process (towerhamlets.gov.uk) (Internal only link) The maximum turn round time expected for such enquiries is 10 working days and officers will chase outstanding enquiries exceeding this period. Matters which are not routine or involve policy should be directed initially to the relevant Corporate Director or Director or any officer nominated by them. | | Member Enquiries Policy and Process (towerhamlets.gov.uk) (Internal only link) The maximum turn round time expected for such enquiries is 10 working days and officers will chase outstanding enquiries exceeding this period. Matters which are not routine or involve policy should be directed initially to the relevant Corporate Director or Director or any officer nominated by them. |
| | | The Member Enquiries system is managed by Customer Services and Mayor’s Office staff also provide support to Executive Members as appropriate. |
| | | The following paragraphs identify the rights of Members and the procedures that they must comply with when applying for access to Cabinet/ Committee/ Sub-Committee papers and other documents/ information. These paragraphs take into account the following: |
| | | In principle, Members have the same ordinary rights of access to certain information as is enjoyed by the general public but they also have the right to access any other information (i.e. confidential or exempt) held by the Council of which they are a Member provided that it is reasonably necessary to enable the Member to properly perform their duties as a Member (see “Need to Know” below). This right of access of additional access may not extend to the publication of or otherwise making public such information as there may be issues of confidentiality. |
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| The Member Enquiries system is managed by Customer Services and Mayor’s Office staff also provide support to Executive Members as appropriate. | | |
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| The following paragraphs identify the rights of Members and the procedures that they must comply with when applying for access to Cabinet/ Committee/ Sub-Committee papers and other documents/ information. These paragraphs take into account the following: | | |
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| In principle, Members have the same ordinary rights of access to certain information as is enjoyed by the general public but they also have the right to access any other information (i.e. confidential or exempt) held by the Council of which they are a Member provided that it is reasonably necessary to enable the Member to properly perform their duties as a Member (see “Need to Know” below). This right of access of additional access may not extend to the publication of or otherwise making public such information as there may be issues of confidentiality. | | |
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| Access to Committee Papers for Forthcoming Meetings | | Access to Committee Papers for Forthcoming Meetings |
| n | | n | The rights of Members can be summarised as follows: |
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| The rights of Members can be summarised as follows: | | |
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| Access to Other Documents/Information – “The Need to Know” | | Access to Other Documents/Information – “The Need to Know” |
| n | | n | It is important to note that in some cases access to information to which the public is not entitled only applies where Members are clearly carrying out their role as elected representatives. Where a Member has a financial or personal interest in a matter the Member will only be entitled to the same access as would be the case for a private individual. In these circumstances, the Member must make it clear that they are acting in their private capacity and not as a Member. |
| | | Under common law principles Members have the right to access information held by the Council where it is reasonably necessary to enable the Member to properly perform their duties as a Member. This is known as the “Need to Know”. This means that information must not be used for party political purposes. |
| | | The common law “Need to Know” is the prima facie right of Members to inspect documents of the authority which exist as Members are under a duty to keep themselves informed of Council business which relate to their role as elected representatives. Thus, this right applies to Members who do not have statutory rights to exempt or confidential information and to other documents held by the Council under local government legislation or the Freedom of Information Act 2000. |
| | | For example, a Member is likely to have a prima facie “Need to Know” where they have a legitimate Ward problem and needs access to the documents that are relevant to that specific problem. Also, for example, a Cabinet Member whose Portfolio covers the matter in question and they need to be aware of what is occurring for the purpose of their Cabinet position. |
| It is important to note that in some cases access to information to which the public is not entitled only applies where Members are clearly carrying out their role as elected representatives. Where a Member has a financial or personal interest in a matter the Member will only be entitled to the same access as would be the case for a private individual. In these circumstances, the Member must make it clear that they are acting in their private capacity and not as a Member. | | Access to information on the basis of a ‘Need to Know’ does not exist where the Member is considered to be “fishing” for information or seeks access for an ulterior/improper purpose (e.g. for a private purpose). Case law has established that mere idle curiosity as to what is in the documentation will not be sufficient. |
| | | It should be noted that some material (for example if commercially sensitive) may be redacted from information that is disclosed, if this does not affect the ability of a Member to exercise their role as an elected representative. |
| | | There will also be a range of documents which, because of their nature are either not accessible by Members (such as the personal records of an individual) or are accessible only by the political group forming the administration and not by the Members of other political groups. An example of this latter category would be draft documents compiled in the context of emerging Council policies and draft Committee reports, the premature disclosure of which might be against the Council’s and the public interest. |
| | | Whilst the term “Council document” is very broad and includes, for example, any document produced with Council resources, it is accepted by convention that a Member of one political group will not have a “Need to Know” and therefore, a right to inspect, a document which forms part of the internal workings of another political group. |
| | | Procedural Rules and specific local procedures (e.g. on contracts) require Members and officers to maintain confidentiality in certain circumstances. Officers are bound by their contracts of employment and any breach of confidentiality will almost certainly lead to disciplinary action. Officers must distinguish between assisting an elected representative in the course of the Member’s Council business and dealing with the same person as a client or customer, e.g. a Housing Benefit claimant. In the latter case, Officers will treat the Member with the same degree of helpfulness, courtesy and confidentiality as would be afforded to any other member of the public in the same situation, and interpret the relevant rules and procedures as they would for any other client or customer. |
| | | Equally, any Council information provided to a Member on the basis of a ‘Need to Know’ must only be used by the Member for the purpose for which it was provided, i.e. in connection with the proper performance of the Member’s duties as an elected representative of the Council. Confidential or exempt information provided to Members may be discussed in Part II Committee meetings or in private meetings of appropriate Members and Officers. However, it should not be discussed with, or released to, any other persons. Any information provided should be clearly marked as confidential before it is released to Members. |
| Under common law principles Members have the right to access information held by the Council where it is reasonably necessary to enable the Member to properly perform their duties as a Member. This is known as the “Need to Know”. This means that information must not be used for party political purposes. | | In cases where a Member discloses information given to him/her in confidence by anyone, or information acquired by the Member which they believe, or ought reasonably to be aware, is of a confidential nature then that Member may find themselves the subject of a complaint to the Standards Advisory Committee that they have contravened the Code of Conduct for Members. |
| | | Similarly, the unauthorised disclosure of confidential or exempt information is regarded by the authority as a serious disciplinary offence for Officers. This includes an unauthorised disclosure to a Member. |
| | | Any request from a Member for information will be treated in confidence by Officers and will not be made known to any other Member or political group. Officers are also under a duty not to relate any information disclosed privately by a Member(s) (e.g. during Part II discussions at Committee, etc., informal briefings, private conversations or Group meetings) to another Member, Officer or person not already privy to that information. |
| | | The duty of officers to observe a Member’s confidence however will not apply if the information disclosed relates to something which could damage the Council or which is illegal or constitutes maladministration. In this event the matter will be referred to the appropriate Corporate Director and/or Monitoring Officer and Chief Executive for further investigation and action as appropriate. |
| | | As a Member I must: |
| | | Officers must serve the Council as a whole and not exclusively any political group, combination of groups or any individual Member. Special rules apply to Political Group Assistants and the Mayor’s Assistant and those post holders are made aware of them through separate guidance. |
| The common law “Need to Know” is the prima facie right of Members to inspect documents of the authority which exist as Members are under a duty to keep themselves informed of Council business which relate to their role as elected representatives. Thus, this right applies to Members who do not have statutory rights to exempt or confidential information and to other documents held by the Council under local government legislation or the Freedom of Information Act 2000. | | There is statutory recognition for party political groups and it is common practice for such groups to give preliminary consideration to matters of Council business in advance of such matters being considered by the relevant Council decision making body. Senior officers may properly be called upon to support and contribute to such deliberations by political groups but must at all times maintain political neutrality. All officers must, in their dealings with political groups and individual Members treat them in a fair and even-handed manner. |
| | | The support provided by officers can take many forms, ranging from a briefing meeting with the Mayor, a Cabinet Member/ Chair/ Spokesperson prior to a Council, Cabinet, Committee or Sub-Committee meeting to a presentation to a political group meeting. Whilst in practice such officer support is likely to be in most demand from whichever political group is in control of the Council at the time, such assistance is available to all political groups including ungrouped Members. Clarification of the support provided can be obtained from the Member Support Team. |
| | | Certain points, however, must be clearly understood by all those participating in this process, Members and Officer alike. In particular: |
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| For example, a Member is likely to have a prima facie “Need to Know” where they have a legitimate Ward problem and needs access to the documents that are relevant to that specific problem. Also, for example, a Cabinet Member whose Portfolio covers the matter in question and they need to be aware of what is occurring for the purpose of their Cabinet position. | | |
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| Access to information on the basis of a ‘Need to Know’ does not exist where the Member is considered to be “fishing” for information or seeks access for an ulterior/improper purpose (e.g. for a private purpose). Case law has established that mere idle curiosity as to what is in the documentation will not be sufficient. | | |
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| It should be noted that some material (for example if commercially sensitive) may be redacted from information that is disclosed, if this does not affect the ability of a Member to exercise their role as an elected representative. | | |
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| There will also be a range of documents which, because of their nature are either not accessible by Members (such as the personal records of an individual) or are accessible only by the political group forming the administration and not by the Members of other political groups. An example of this latter category would be draft documents compiled in the context of emerging Council policies and draft Committee reports, the premature disclosure of which might be against the Council’s and the public interest. | | |
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| Whilst the term “Council document” is very broad and includes, for example, any document produced with Council resources, it is accepted by convention that a Member of one political group will not have a “Need to Know” and therefore, a right to inspect, a document which forms part of the internal workings of another political group. | | |
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| Procedural Rules and specific local procedures (e.g. on contracts) require Members and officers to maintain confidentiality in certain circumstances. Officers are bound by their contracts of employment and any breach of confidentiality will almost certainly lead to disciplinary action. Officers must distinguish between assisting an elected representative in the course of the Member’s Council business and dealing with the same person as a client or customer, e.g. a Housing Benefit claimant. In the latter case, Officers will treat the Member with the same degree of helpfulness, courtesy and confidentiality as would be afforded to any other member of the public in the same situation, and interpret the relevant rules and procedures as they would for any other client or customer. | | |
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| Equally, any Council information provided to a Member on the basis of a ‘Need to Know’ must only be used by the Member for the purpose for which it was provided, i.e. in connection with the proper performance of the Member’s duties as an elected representative of the Council. Confidential or exempt information provided to Members may be discussed in Part II Committee meetings or in private meetings of appropriate Members and Officers. However, it should not be discussed with, or released to, any other persons. Any information provided should be clearly marked as confidential before it is released to Members. | | |
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| In cases where a Member discloses information given to him/her in confidence by anyone, or information acquired by the Member which they believe, or ought reasonably to be aware, is of a confidential nature then that Member may find themselves the subject of a complaint to the Standards Advisory Committee that they have contravened the Code of Conduct for Members. | | |
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| Similarly, the unauthorised disclosure of confidential or exempt information is regarded by the authority as a serious disciplinary offence for Officers. This includes an unauthorised disclosure to a Member. | | |
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| Any request from a Member for information will be treated in confidence by Officers and will not be made known to any other Member or political group. Officers are also under a duty not to relate any information disclosed privately by a Member(s) (e.g. during Part II discussions at Committee, etc., informal briefings, private conversations or Group meetings) to another Member, Officer or person not already privy to that information. | | |
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| The duty of officers to observe a Member’s confidence however will not apply if the information disclosed relates to something which could damage the Council or which is illegal or constitutes maladministration. In this event the matter will be referred to the appropriate Corporate Director and/or Monitoring Officer and Chief Executive for further investigation and action as appropriate. | | |
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| As a Member I must: | | |
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| Officers must serve the Council as a whole and not exclusively any political group, combination of groups or any individual Member. Special rules apply to Political Group Assistants and the Mayor’s Assistant and those post holders are made aware of them through separate guidance. | | |
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| There is statutory recognition for party political groups and it is common practice for such groups to give preliminary consideration to matters of Council business in advance of such matters being considered by the relevant Council decision making body. Senior officers may properly be called upon to support and contribute to such deliberations by political groups but must at all times maintain political neutrality. All officers must, in their dealings with political groups and individual Members treat them in a fair and even-handed manner. | | |
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| The support provided by officers can take many forms, ranging from a briefing meeting with the Mayor, a Cabinet Member/ Chair/ Spokesperson prior to a Council, Cabinet, Committee or Sub-Committee meeting to a presentation to a political group meeting. Whilst in practice such officer support is likely to be in most demand from whichever political group is in control of the Council at the time, such assistance is available to all political groups including ungrouped Members. Clarification of the support provided can be obtained from the Member Support Team. | | |
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| Certain points, however, must be clearly understood by all those participating in this process, Members and Officer alike. In particular: | | |
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| Section 52.5: E – Disrepute | | Section 52.8: E – Disrepute |
| | | If your actions would give the impression to a reasonable member of the public with knowledge of all of the facts that you are acting as a Member or an officer, this could lead to bringing the Council into disrepute Eg seeking an advantage/disadvantage/misusing your position in the community |
| | | https://www.thebridge.towerhamlets.gov.uk/policy-and-procedures/general/social-media-policy-and-guidance |
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| If your actions would give the impression to a reasonable member of the public with knowledge of all of the facts that you are acting as a Member or an officer, this could lead to bringing the Council into disrepute Eg seeking an advantage/disadvantage/misusing your position in the community | | |
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| https://www.thebridge.towerhamlets.gov.uk/policy-and-procedures/general/social-media-policy-and-guidance | | |
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| Section 52.6: F - Use of Position | | Section 52.9: F - Use of Position |
| | | The Code of Conduct for Members emphasises the need for Members to avoid behaviour which could be viewed as conferring an advantage or disadvantage on an officer. Members must not seek personal favours from officers. Officers must not be tempted to give favours to please a Member. An example of favour seeking would be asking whether a Members’ parking ticket could be withdrawn or whether an application for a service could be expedited. Similarly, officers must not seek to circumvent agreed staff consultative procedures by lobbying Members’ on matters which directly concern them as employees. |
| | | Issues relating to the appointment, management and dismissal of most officers are reserved by law to the Head of Paid Service and officers appointed by him/her. Member involvement in employment issues generally, including where they relate to senior officers, is set out in the Local Authorities (Standing Orders) (England) Regulations 2001 |
| | | Occasions may arise where officers try to involve Members in day-to-day staff/ management issues. Members should strongly discourage such approaches. Officers should be advised to pursue matters with their management through the established procedures for resolving grievances etc. Officers must not raise matters concerning their employment with individual Members; to do so may result in disciplinary action being taken. |
| | | Personal familiarity between Members and officers can create the suspicion of improper conduct, however unfounded and can undermine public confidence in the Council. Whilst it is clearly important that there should be a close working relationship between when officers and Cabinet members or chairs of Committees, such relationships should never be allowed to become so close, or appear to be so close, as to bring into question, the officer's ability to deal impartially with other Members and other party groups. |
| | | Informal and collaborative two-way contact between Members and officers is encouraged; however, personal familiarity can damage the relationship, as might a family or business connection. It is accepted that some close relationships will develop, particularly when Members and officers work closely together but it is important that close relationships between Members and officers are openly declared and if any relationship might be seen as unduly influencing their work in their respective roles then they should inform the Monitoring Officer. |
| | | It is not enough to avoid actual impropriety, Members and officers should always be open about their relationships to avoid any reason for suspicion and any appearance of improper conduct. Where a personal relationship has been disclosed, those concerned should avoid a situation where conflict could be perceived. Specifically, a Member should not sit on a body or participate in any decision which directly affects the officer on a personal basis. |
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| The Code of Conduct for Members emphasises the need for Members to avoid behaviour which could be viewed as conferring an advantage or disadvantage on an officer. Members must not seek personal favours from officers. Officers must not be tempted to give favours to please a Member. An example of favour seeking would be asking whether a Members’ parking ticket could be withdrawn or whether an application for a service could be expedited. Similarly, officers must not seek to circumvent agreed staff consultative procedures by lobbying Members’ on matters which directly concern them as employees. | | |
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| Issues relating to the appointment, management and dismissal of most officers are reserved by law to the Head of Paid Service and officers appointed by him/her. Member involvement in employment issues generally, including where they relate to senior officers, is set out in the Local Authorities (Standing Orders) (England) Regulations 2001 | | |
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| Occasions may arise where officers try to involve Members in day-to-day staff/ management issues. Members should strongly discourage such approaches. Officers should be advised to pursue matters with their management through the established procedures for resolving grievances etc. Officers must not raise matters concerning their employment with individual Members; to do so may result in disciplinary action being taken. | | |
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| Personal familiarity between Members and officers can create the suspicion of improper conduct, however unfounded and can undermine public confidence in the Council. Whilst it is clearly important that there should be a close working relationship between when officers and Cabinet members or chairs of Committees, such relationships should never be allowed to become so close, or appear to be so close, as to bring into question, the officer's ability to deal impartially with other Members and other party groups. | | |
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| Informal and collaborative two-way contact between Members and officers is encouraged; however, personal familiarity can damage the relationship, as might a family or business connection. It is accepted that some close relationships will develop, particularly when Members and officers work closely together but it is important that close relationships between Members and officers are openly declared and if any relationship might be seen as unduly influencing their work in their respective roles then they should inform the Monitoring Officer. | | |
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| It is not enough to avoid actual impropriety, Members and officers should always be open about their relationships to avoid any reason for suspicion and any appearance of improper conduct. Where a personal relationship has been disclosed, those concerned should avoid a situation where conflict could be perceived. Specifically, a Member should not sit on a body or participate in any decision which directly affects the officer on a personal basis. | | |
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| Section 52.7: G – Use of Local Authority resources and facilities | | Section 52.10: G – Use of Local Authority resources and facilities |
| | | Both Mayor’s Office staff and the Members’ Support Team provide assistance to Members in their role as Council Members. Staff in these sections may, therefore, be used, as appropriate, to help with work such as diary management, meetings and correspondence to do with Council matters. |
| | | The Members’ Support Team staff will assist with booking venues for, and publishing details of, Member’ surgeries. The Mayor’s Office book the Mayor’s surgeries. Members’ surgeries should normally be held within a Member’s own ward, but a Member may arrange a surgery in premises outside their ward if this is necessary to provide suitable surgery facilities for their own constituents. Member must not ask Council officers to assist with any personal, business or party-political matters; attend surgeries; or decide how case work will be dealt with. |
| | | Member Support also provide a package of Member Learning and Development training to support Members in their Council related work. |
| | | Members must use any Council facilities that are provided in their role as a Member strictly for that purpose and no other. For example, Members must not use rooms in the Town Hall or other buildings or any of the Council’s paper, email addresses, telephone numbers, computers, photocopiers, or printers for any personal, business related or party political matter, nor, for example, on behalf of any community groups of which the Member is a member, unless formal approval has been given by the appropriate chief officer. If non-approved use is made, it could lead to a complaint under the Members Code of Conduct. |
| | | The use of Council facilities and services by Members during a pre-election period for election campaigning or political purposes is not allowed. Specific guidance will be issued at that time to both Members and officers. If non-approved use is made, it could lead to a complaint under the Members Code of Conduct |
| | | From time-to-time training and guidelines on the proper and effective use of Council IT resources will be issued. |
| | | The Council will only provide indemnities to Members or officers in circumstances which fall within the Local Authorities (Indemnities for Members and Officers) Order 2004. The Chief Executive will decide in the individual circumstances of each case whether an indemnity is appropriate. |
| | | Members are often assisted by political party workers. There is no objection to this, but no non-elected party worker has any entitlement to: |
| | | The principles which apply to use of facilities provided for Members (and the officers employed to assist them) apply equally to all Council property and facilities and all Council employees. |
| | | Where Members and officers share an office building particular care needs to be taken to maintain appropriate lines of contact. |
| | | In an open plan office environment Members and officers must be particularly careful to maintain confidentiality and the Council’s meeting rooms and facilities should be used to discuss sensitive or confidential issues. |
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| Both Mayor’s Office staff and the Members’ Support Team provide assistance to Members in their role as Council Members. Staff in these sections may, therefore, be used, as appropriate, to help with work such as diary management, meetings and correspondence to do with Council matters. | | |
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| The Members’ Support Team staff will assist with booking venues for, and publishing details of, Member’ surgeries. The Mayor’s Office book the Mayor’s surgeries. Members’ surgeries should normally be held within a Member’s own ward, but a Member may arrange a surgery in premises outside their ward if this is necessary to provide suitable surgery facilities for their own constituents. Member must not ask Council officers to assist with any personal, business or party-political matters; attend surgeries; or decide how case work will be dealt with. | | |
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| Member Support also provide a package of Member Learning and Development training to support Members in their Council related work. | | |
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| Members must use any Council facilities that are provided in their role as a Member strictly for that purpose and no other. For example, Members must not use rooms in the Town Hall or other buildings or any of the Council’s paper, email addresses, telephone numbers, computers, photocopiers, or printers for any personal, business related or party political matter, nor, for example, on behalf of any community groups of which the Member is a member, unless formal approval has been given by the appropriate chief officer. If non-approved use is made, it could lead to a complaint under the Members Code of Conduct. | | |
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| The use of Council facilities and services by Members during a pre-election period for election campaigning or political purposes is not allowed. Specific guidance will be issued at that time to both Members and officers. If non-approved use is made, it could lead to a complaint under the Members Code of Conduct | | |
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| From time-to-time training and guidelines on the proper and effective use of Council IT resources will be issued. | | |
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| The Council will only provide indemnities to Members or officers in circumstances which fall within the Local Authorities (Indemnities for Members and Officers) Order 2004. The Chief Executive will decide in the individual circumstances of each case whether an indemnity is appropriate. | | |
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| Members are often assisted by political party workers. There is no objection to this, but no non-elected party worker has any entitlement to: | | |
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| The principles which apply to use of facilities provided for Members (and the officers employed to assist them) apply equally to all Council property and facilities and all Council employees. | | |
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| Where Members and officers share an office building particular care needs to be taken to maintain appropriate lines of contact. | | |
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| In an open plan office environment Members and officers must be particularly careful to maintain confidentiality and the Council’s meeting rooms and facilities should be used to discuss sensitive or confidential issues. | | |
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| Section 9 of the Local Government and Housing Act, 1989 gives councils a power to appoint up to 3 political assistants to qualifying political groups. A political assistant undertakes research and provides administrative support to the main political group in the Council. Whilst the Act allows the political affiliation of an individual to be taken into account in the appointment of any Political or Mayor’s Assistant, they remain officers of the Council and must therefore not undertake any activity, which may be deemed unlawful. In this context, it should be realised that officer support to the political groups is in the context of their role in the discharge of Council business and although it may require liaison with political parties, at both local and national level, should not be used in promoting the views of an individual political party or undertaking campaigning or other party political business. | | Section 9 of the Local Government and Housing Act, 1989 gives councils a power to appoint up to 3 political assistants to qualifying political groups. A political assistant undertakes research and provides administrative support to the main political group in the Council. Whilst the Act allows the political affiliation of an individual to be taken into account in the appointment of any Political or Mayor’s Assistant, they remain officers of the Council and must therefore not undertake any activity, which may be deemed unlawful. In this context, it should be realised that officer support to the political groups is in the context of their role in the discharge of Council business and although it may require liaison with political parties, at both local and national level, should not be used in promoting the views of an individual political party or undertaking campaigning or other party political business. |
| | | Political assistants hold politically restricted posts and therefore also face restrictions on their personal political activity. |
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| Political assistants hold politically restricted posts and therefore also face restrictions on their personal political activity. | | |
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| Section 52.8: H - Interests | | Section 52.11: H - Interests |
| | | There is a whole range of circumstances where the Council as a corporate body may be involved in legal proceedings. This could be against residents or other individuals, organisations and companies, and across the whole range of service areas including housing, planning, highways, etc. Members have a clear role in representing residents’ and general public interests. In this representative capacity, Members will inevitably become involved in issues where the Council is considering, or is in the process of taking legal action, or where the Council is the defendant to legal actions brought by third parties. |
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| There is a whole range of circumstances where the Council as a corporate body may be involved in legal proceedings. This could be against residents or other individuals, organisations and companies, and across the whole range of service areas including housing, planning, highways, etc. Members have a clear role in representing residents’ and general public interests. In this representative capacity, Members will inevitably become involved in issues where the Council is considering, or is in the process of taking legal action, or where the Council is the defendant to legal actions brought by third parties. | | |
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| Conflicts of interest will almost certainly occur when a Member is enquiring on behalf of an individual or body involved in legal action by or against the Council. In such cases, Members will be required to balance their representative role with their wider responsibilities in representing the corporate interests of the authority. For this reason, Members must be circumspect in any dealing with persons taking action against the Council, or against whom any legal action is being taken. Particularly, Members must be extremely cautious about having any dealings with professional representatives, advisers or witnesses in the case. Not only could such intervention prejudice the Council’s position but the Members could find himself/ herself accused of an offence of Misconduct of Public Office or, Perverting the Course of Justice or an attempt or conspiracy to do so. | | Conflicts of interest will almost certainly occur when a Member is enquiring on behalf of an individual or body involved in legal action by or against the Council. In such cases, Members will be required to balance their representative role with their wider responsibilities in representing the corporate interests of the authority. For this reason, Members must be circumspect in any dealing with persons taking action against the Council, or against whom any legal action is being taken. Particularly, Members must be extremely cautious about having any dealings with professional representatives, advisers or witnesses in the case. Not only could such intervention prejudice the Council’s position but the Members could find himself/ herself accused of an offence of Misconduct of Public Office or, Perverting the Course of Justice or an attempt or conspiracy to do so. |
| | | It is therefore particularly important that Members should be sure not only to avoid any actual impropriety, but at all times avoid any occasion for suspicion or any appearance of improper conduct. |
| | | Whilst Members have every right to information on how any such matter is being dealt with and a duty to represent their constituents, However, the response on behalf of the Council will necessarily be limited to comments on process, so as not to prejudice the proceedings. |
| | | In respect of any ongoing or contemplated proceedings, all enquiries must be addressed to either the appropriate Director or Corporate Director. On no account is the Member to contact any officers involved in the proceedings to discuss or make any enquiries regarding the proceedings. |
| | | If a Member believes that the Council’s actions or intentions are wrong, they should inform the Corporate Director concerned. It must then be for the Corporate Director to determine what action to take. If the Member remains unhappy with the action taken, then they should refer the matter to the Council’s Monitoring Officer or to the Chief Executive. |
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| It is therefore particularly important that Members should be sure not only to avoid any actual impropriety, but at all times avoid any occasion for suspicion or any appearance of improper conduct. | | |
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| Whilst Members have every right to information on how any such matter is being dealt with and a duty to represent their constituents, However, the response on behalf of the Council will necessarily be limited to comments on process, so as not to prejudice the proceedings. | | |
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| In respect of any ongoing or contemplated proceedings, all enquiries must be addressed to either the appropriate Director or Corporate Director. On no account is the Member to contact any officers involved in the proceedings to discuss or make any enquiries regarding the proceedings. | | |
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| If a Member believes that the Council’s actions or intentions are wrong, they should inform the Corporate Director concerned. It must then be for the Corporate Director to determine what action to take. If the Member remains unhappy with the action taken, then they should refer the matter to the Council’s Monitoring Officer or to the Chief Executive. | | |
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| Section 52.9: I - Complying with the Protocol | | Section 52.12: I - Complying with the Protocol |
| | | If an officer has a complaint about a Member it is always preferable to resolve matters informally, through an appropriate senior manager. If the matter cannot be resolved informally or it is not suitable for such then officers can make a complaint to the Monitoring Officer. |
| | | If a Member has a concern about the conduct or capability of an officer, they should raise the matter privately with the appropriate Director or Corporate Director. Any concern about a Corporate Director should be raised privately with the Chief Executive. Any concern about the Chief Executive should be raised privately with the Monitoring Officer. |
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| If an officer has a complaint about a Member it is always preferable to resolve matters informally, through an appropriate senior manager. If the matter cannot be resolved informally or it is not suitable for such then officers can make a complaint to the Monitoring Officer. | | |
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| If a Member has a concern about the conduct or capability of an officer, they should raise the matter privately with the appropriate Director or Corporate Director. Any concern about a Corporate Director should be raised privately with the Chief Executive. Any concern about the Chief Executive should be raised privately with the Monitoring Officer. | | |
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| Members’ allowances scheme | | Members’ allowances scheme |
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| Section 53.1: This Scheme is made by the London Borough of Tower Hamlets in accordance with the provisions of the Local Authorities (Members’ Allowances) (England) Regulations 2003 as amended. | | Section 53.1: This Scheme is made by the London Borough of Tower Hamlets in accordance with the provisions of the Local Authorities (Members’ Allowances) (England) Regulations 2003 as amended. |
| n | | n | This Scheme is called The London Borough of Tower Hamlets Members’ Allowances Scheme 2025 and it came into effect on 1 April 2025. Allowances in The Scheme were updated at Annual Council and the new allowances came into force from 21st of May 2026. The Scheme applies to the Mayor, Councillors and Co-opted Members of the London Borough of Tower Hamlets. |
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| This Scheme shall be called The London Borough of Tower Hamlets Members’ Allowances Scheme 2025 and it shall come into effect on 1 April 2025. The Scheme shall apply to the Mayor, Councillors and Co-opted Members of the London Borough of Tower Hamlets. | | |
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| Section 53.2: Basic Allowance | | Section 53.2: Basic Allowance |
| n | | n | Subject to paragraph 8, a basic allowance of £12,792 shall be paid to each Councillor for each year. The Basic Allowance shall not be payable to the elected Mayor. |
| | | The basic allowance of £11,898 shall be payable with effect from 1 April 2025. An updated basic allowance of £12,792 shall be payable from 21 May 2026. |
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| Subject to paragraph 8, a basic allowance of £11,898 shall be paid to each Councillor for each year. The Basic Allowance shall not be payable to the elected Mayor. | | |
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| The basic allowance of £11,898 shall be payable with effect from 1 April 2025. | | |
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| Section 53.3: Special Responsibility Allowance | | Section 53.3: Special Responsibility Allowance |
| n | | n | Subject to paragraphs 5-8, a special responsibility allowance shall be paid for each year to those Members who hold a position of special responsibility as specified in Schedule 1. |
| | | The amount of each such allowance shall be the amount specified against the respective special responsibility in Schedule 1 and it shall be payable with effect from 1 April 2025. |
| | | Any special responsibility allowance payable under paragraphs 4 and 5 shall be in addition to the basic allowance payable under paragraph 2 above. |
| | | Any Member who holds more than one position of special responsibility shall receive only one special responsibility allowance which shall be at the higher level. |
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| Subject to paragraphs 5-8, a special responsibility allowance shall be paid for each year to those Members who hold a position of special responsibility as specified in Schedule 1. | | |
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| The amount of each such allowance shall be the amount specified against the respective special responsibility in Schedule 1 and it shall be payable with effect from 1 April 2025. | | |
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| Any special responsibility allowance payable under paragraphs 4 and 5 shall be in addition to the basic allowance payable under paragraph 2 above. | | |
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| Any Member who holds more than one position of special responsibility shall receive only one special responsibility allowance which shall be at the higher level. | | |
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| Section 53.4: Part-Year Entitlement | | Section 53.4: Part-Year Entitlement |
| n | | n | If, in the course of the year, this scheme is amended or a Member’s entitlement changes, the relevant basic and/or special responsibility allowance shall be calculated and paid pro-rata during the particular month in which the scheme amendment or entitlement change occurs. |
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| If, in the course of the year, this scheme is amended or a Member’s entitlement changes, the relevant basic and/or special responsibility allowance shall be calculated and paid pro-rata during the particular month in which the scheme amendment or entitlement change occurs. | | |
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| Section 53.5: Dependants’ Carers’ Allowance | | Section 53.5: Dependants’ Carers’ Allowance |
| n | | n | A maximum of £13.85 per hour shall be paid to those Members who necessarily incur expense in arranging for the care of their children or other dependants to enable them to undertake any of the activities specified in Schedule 2 to this Scheme. |
| | | The following conditions shall apply: |
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| A maximum of £13.85 per hour shall be paid to those Members who necessarily incur expense in arranging for the care of their children or other dependants to enable them to undertake any of the activities specified in Schedule 2 to this Scheme. | | |
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| The following conditions shall apply: | | |
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| Section 53.6: Indexation | | Section 53.6: Indexation |
| n | | n | The Basic, Special Responsibility, Mayor’s and Dependants’ Carers’ Allowances will be adjusted to reflect the annual pay settlement for local government staff effective 1 April 2025. The Dependents’ Carers’ Allowance will also be adjusted to, as a minimum, be in line with the London Living Wage. |
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| The Basic, Special Responsibility, Mayor’s and Dependants’ Carers’ Allowances will be adjusted to reflect the annual pay settlement for local government staff effective 1 April 2025. The Dependents’ Carers’ Allowance will also be adjusted to, as a minimum, be in line with the London Living Wage. | | |
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| Section 53.7: Travel and Subsistence Allowance | | Section 53.7: Travel and Subsistence Allowance |
| n | | n | An allowance shall be paid to any Member for travelling and subsistence undertaken outside the Borough in connection with any of the duties specified in Schedule 2. |
| | | An allowance shall be paid to a co-opted member of a Committee, Sub-Committee or Panel of the Council for travelling and subsistence in connection with any of the duties specified in Schedule 2, irrespective of whether the meeting or duty is inside or outside the Borough. |
| | | The amounts payable shall be the amounts which are for the time being payable to officers of the Council for travelling and subsistence undertaken in the course of their duties. |
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| An allowance shall be paid to any Member for travelling and subsistence undertaken outside the Borough in connection with any of the duties specified in Schedule 2. | | |
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| An allowance shall be paid to a co-opted member of a Committee, Sub-Committee or Panel of the Council for travelling and subsistence in connection with any of the duties specified in Schedule 2, irrespective of whether the meeting or duty is inside or outside the Borough. | | |
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| The amounts payable shall be the amounts which are for the time being payable to officers of the Council for travelling and subsistence undertaken in the course of their duties. | | |
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| Section 53.8: Co-optees’ Allowance | | Section 53.8: Co-optees’ Allowance |
| n | | n | Subject to paragraph 16, a co-opted member of the Standards Advisory Committee, the Overview and Scrutiny Committee or any of its Sub-Committees, may claim a co-optee allowance of £136 and a co-opted member who is appointed as Chair of the Standards Advisory Committee may claim a co-optee allowance of £272, for attendance at any meeting of the Committee or the Panel or attendance at any conference or mandatory training event, where attendance is on behalf of and authorised by the Council. |
| | | A claim for co-optees’ allowance shall be made in writing within two months from the date of attendance at the meeting, conference or training event. |
| | | Where a member is suspended or partially suspended from his or her responsibilities or duties as a co-opted member under Part III of the Local Government Act 2000, any co-optee’s allowance payable to him or her for the period for which he or she is suspended or partially suspended, may be withheld by the Council. |
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| Subject to paragraph 16, a co-opted member of the Standards Advisory Committee, the Overview and Scrutiny Committee or any of its Sub-Committees, may claim a co-optee allowance of £136 and a co-opted member who is appointed as Chair of the Standards Advisory Committee may claim a co-optee allowance of £272, for attendance at any meeting of the Committee or the Panel or attendance at any conference or mandatory training event, where attendance is on behalf of and authorised by the Council. | | |
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| A claim for co-optees’ allowance shall be made in writing within two months from the date of attendance at the meeting, conference or training event. | | |
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| Where a member is suspended or partially suspended from his or her responsibilities or duties as a co-opted member under Part III of the Local Government Act 2000, any co-optee’s allowance payable to him or her for the period for which he or she is suspended or partially suspended, may be withheld by the Council. | | |
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| Section 53.9: Maternity, Paternity, Adoption and Sickness Pay | | Section 53.9: Maternity, Paternity, Adoption and Sickness Pay |
| n | | n | All Members shall continue to receive their Basic Allowance in full in the case of maternity, paternity, adoption and sickness leave. |
| | | Members entitled to a Special Responsibility Allowance shall continue to receive their allowance in the case of maternity, paternity, adoption and sickness leave in the same way that the Council’s employees enjoy such benefits. |
| | | If a replacement to cover the period of absence is appointed by Council or the Mayor (or in the case of party group position, the party group) the replacement will be entitled to claim a Special Responsibility Allowance. |
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| All Members shall continue to receive their Basic Allowance in full in the case of maternity, paternity, adoption and sickness leave. | | |
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| Members entitled to a Special Responsibility Allowance shall continue to receive their allowance in the case of maternity, paternity, adoption and sickness leave in the same way that the Council’s employees enjoy such benefits. | | |
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| If a replacement to cover the period of absence is appointed by Council or the Mayor (or in the case of party group position, the party group) the replacement will be entitled to claim a Special Responsibility Allowance. | | |
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| Section 53.10: Recovery of Allowances Paid | | Section 53.10: Recovery of Allowances Paid |
| n | | n | Any allowance that has been paid to a Member after he or she has ceased to be a member of the Council, or is for some other reason not entitled to receive the allowance for a specified period, may be recovered. |
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| Any allowance that has been paid to a Member after he or she has ceased to be a member of the Council, or is for some other reason not entitled to receive the allowance for a specified period, may be recovered. | | |
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| Section 53.11: Claims and Payments | | Section 53.11: Claims and Payments |
| n | | n | Payments shall be made for basic and special responsibility allowances in instalments of one-twelfth of the amounts respectively specified in this Scheme, paid on the last working day of each month. |
| | | Where a payment of one-twelfth of the amount specified in this Scheme for a basic or special responsibility allowance will result in the Member receiving more than the amount to which he or she is entitled, the payment shall be restricted to such amount as will ensure that no more is paid than the amount to which he or she is entitled. |
| | | A claim for travelling and subsistence or dependants’ carers’ allowance; |
| | | Travelling and subsistence and dependants’ carers’ allowance shall be paid on the last working day of each month for any claim received not less than 21 days before that date. |
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| Payments shall be made for basic and special responsibility allowances in instalments of one-twelfth of the amounts respectively specified in this Scheme, paid on the last working day of each month. | | |
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| Where a payment of one-twelfth of the amount specified in this Scheme for a basic or special responsibility allowance will result in the Member receiving more than the amount to which he or she is entitled, the payment shall be restricted to such amount as will ensure that no more is paid than the amount to which he or she is entitled. | | |
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| A claim for travelling and subsistence or dependants’ carers’ allowance; | | |
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| Travelling and subsistence and dependants’ carers’ allowance shall be paid on the last working day of each month for any claim received not less than 21 days before that date. | | |
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| Section 53.12: Pensions | | Section 53.12: Pensions |
| n | | n | Neither members nor co-opted members of the Council are eligible to join the London Borough of Tower Hamlets Local Government Pension Scheme. |
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| Neither members nor co-opted members of the Council are eligible to join the London Borough of Tower Hamlets Local Government Pension Scheme. | | |
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| Section 53.13: Records of Allowances and Publications | | Section 53.13: Records of Allowances and Publications |
| n | | n | The Council shall keep a record of payments made by it under this Scheme, including the name of the recipients of the payment and the amount and nature of each payment. |
| | | The record of the payments made by the Council under this Scheme shall be available at all reasonable times for inspection at no charge. A copy shall also be supplied to any person who requests it on payment of a reasonable fee. |
| | | As soon as reasonably practicable after the end of the year to which this Scheme relates, the Council shall make arrangements to publish the total sums paid by it to each recipient for each different allowance. |
| | | A copy of the Scheme shall be supplied to any person who requests it on payment of a reasonable fee. |
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| The Council shall keep a record of payments made by it under this Scheme, including the name of the recipients of the payment and the amount and nature of each payment. | | |
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| The record of the payments made by the Council under this Scheme shall be available at all reasonable times for inspection at no charge. A copy shall also be supplied to any person who requests it on payment of a reasonable fee. | | |
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| As soon as reasonably practicable after the end of the year to which this Scheme relates, the Council shall make arrangements to publish the total sums paid by it to each recipient for each different allowance. | | |
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| A copy of the Scheme shall be supplied to any person who requests it on payment of a reasonable fee. | | |
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| Section 53.14: Renunciation | | Section 53.14: Renunciation |
| n | | n | A member may at any time and for any period, by notice in writing given to the Chief Executive, elect to forego any part of their entitlement to an allowance under this Scheme. |
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| A member may at any time and for any period, by notice in writing given to the Chief Executive, elect to forego any part of their entitlement to an allowance under this Scheme. | | |
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| Section 53.15: Interpretation | | Section 53.15: Interpretation |
| n | | n | In this scheme: |
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| In this scheme: | | |
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| Section 53.16: Revocation | | Section 53.16: Revocation |
| n | | n | The London Borough of Tower Hamlets Members’ Allowance Scheme 2024 is hereby revoked and replaced with the Tower Hamlets Members’ Allowances Scheme 2025. |
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| The London Borough of Tower Hamlets Members’ Allowance Scheme 2024 is hereby revoked and replaced with the Tower Hamlets Members’ Allowances Scheme 2025. | | |
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| Section 53.17: SCHEDULE 1 | | Section 53.17: SCHEDULE 1 |
| n | | n | The following are specified as the special responsibilities for which special responsibility allowances are payable and the amounts of those allowances: |
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| The following are specified as the special responsibilities for which special responsibility allowances are payable and the amounts of those allowances: | | |
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| Section 53.18: SCHEDULE 2 | | Section 53.18: SCHEDULE 2 |
| n | | n | The duties for which these allowances are payable include: |
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| The duties for which these allowances are payable include: | | |
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| Officers | | Officers |
| n | | n | |
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| Introduction | | Introduction |
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| Section 54.1: Appointments | | Section 54.1: Appointments |
| n | | n | General. The Council may engage such staff (referred to as officers) as it considers necessary to carry out its functions. |
| | | Chief Officers. The Chief Executive (designated as Head of Paid Service by Council) on behalf of the Council will engage persons for the following posts who will be designated chief officers: |
| | | The above posts may be subject to change from time to time in which case this Constitution will be updated as soon as reasonably practically possible to reflect any change in the designated chief officers. |
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| General. The Council may engage such staff (referred to as officers) as it considers necessary to carry out its functions. | | |
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| Chief Officers. The Chief Executive (designated as Head of Paid Service by Council) on behalf of the Council will engage persons for the following posts who will be designated chief officers: | | |
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| The above posts may be subject to change from time to time in which case this Constitution will be updated as soon as reasonably practicable to reflect any change in the designated chief officers. | | |
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| Section 54.2: Statutory Officers | | Section 54.2: Statutory Officers |
| n | | n | In addition to the designation of the Head of Paid Service statutory position to the Chief Executive and the Chief Finance Officer position to the Corporate Director, Resources, the Council has designated the Monitoring Officer position to the Director of Legal. Part I, Section 58 of the Constitution sets out the main statutory officer allocations. |
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| In addition to the designation of the Head of Paid Service statutory position to the Chief Executive and the Chief Finance Officer position to the Corporate Director, Resources, the Council has designated the Monitoring Officer position to the Director of Legal. Part I Section xx of the Constitution sets out the main statutory officer allocations. | | |
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| Section 54.3: The Management Structure | | Section 54.3: The Management Structure |
| n | | n | The Chief Executive will determine and publicise a description of the overall structure of the Council showing the management structure and deployment of officers. This is set out below. |
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| The Chief Executive will determine and publicise a description of the overall structure of the Council showing the management structure and deployment of officers. This is set out below. | | |
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| Section 54.4: Conduct | | Section 54.4: Conduct |
| n | | n | Officers will comply with the Employees’ Code of Conduct and the Member/ Officer Relations’ Protocol . |
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| Officers will comply with the Employees’ Code of Conduct and the Member/ Officer Relations’ Protocol set out in Part H section xx of this Constitution. | | |
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| Structure Chart | | Structure Chart |
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| Employee Code of Conduct | | Employee Code of Conduct |
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| Section 56.1: INTRODUCTION | | Section 56.1: INTRODUCTION |
| n | | n | This code aims to guide all employees on their conduct inside work and outside work where this has a bearing on their position within the Council. It is the responsibility of all Council employees to read this Code and work in accordance with it. If you are unsure about any aspect, check it with your line manager or Human Resources. |
| | | As an employee you should read this Code in conjunction with other relevant parts of the Constitution, Council policies and procedures relevant to your work and more detailed operational guidelines for example in areas such as computer use, The Code, in setting out our values, rules and principles, should not be interpreted as a complete list of what you can and cannot do, but rather to enable you as an employee to understand the ground-rules that all must observe, and the differences in the roles and duties of Members (the Mayor and Councillors) and employees. |
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| This code aims to guide all employees on their conduct inside work and outside work where this has a bearing on their position within the Council. It is the responsibility of all Council employees to read this Code and work in accordance with it. If you are unsure about any aspect, check it with your line manager or Human Resources. | | |
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| n | | n | Any breach of this Code may lead to disciplinary action and may in some instances constitute gross misconduct. |
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| As an employee you should read this Code in conjunction with other relevant parts of the Constitution, Council policies and procedures relevant to your work and more detailed operational guidelines for example in areas such as computer use, The Code, in setting out our values, rules and principles, should not be interpreted as a complete list of what you can and cannot do, but rather to enable you as an employee to understand the ground-rules that all must observe, and the differences in the roles and duties of Members (the Mayor and Councillors) and employees. | | |
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| Any breach of this Code may lead to disciplinary action and may in some instances constitute gross misconduct. | | |
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| Section 56.2: GENERAL CONDUCT | | Section 56.2: GENERAL CONDUCT |
| n | | n | The public is entitled to demand the highest standards of conduct from all local government employees. |
| | | The Council is extremely conscious that public confidence can be damaged where the integrity of a Council employee is called into question and they are suspected of being influenced by improper motives. |
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| The public is entitled to demand the highest standards of conduct from all local government employees. | | |
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| n | | n | Paragraphs 2.1 and 2.2 of the National Joint Council for Local Government Services, National Agreement on Pay and Conditions of the Service states: |
| | | The Council believes: |
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| The Council is extremely conscious that public confidence can be damaged where the integrity of a Council employee is called into question and they are suspected of being influenced by improper motives. | | |
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| Paragraphs 2.1 and 2.2 of the National Joint Council for Local Government Services, National Agreement on Pay and Conditions of the Service states: | | |
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| The Council believes: | | |
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| Section 56.3: WORKING RELATIONSHIPS, EQUALITIES AND THE CUSTOMER PROMISE | | Section 56.3: WORKING RELATIONSHIPS, EQUALITIES AND THE CUSTOMER PROMISE |
| n | | n | The Council expects all employees to deal with one another, the public, clients and elected Members in a courteous and civil manner. This may be in the exercise of their duties but can cover other circumstances, e.g. when in the role of Trade Union Representative. Employees should promote equality by not discriminating unlawfully against any person and by treating people with respect regardless of their race, age, religion, gender, sexual orientation or disability. |
| | | It is important that there is clarity about the respective roles of elected Members and employees and that the relationship between the two is clearly understood by everyone concerned. To achieve this the Council has adopted the Member/Officer Protocol which applies to all Members (the Mayor and Councillors) and employees and should be read in conjunction with this document. |
| | | You must always remember your responsibilities to the community that you serve and ensure courteous, efficient and impartial service delivery to all groups and individuals within that community as defined by the policies of the Council. All employees are required to be familiar with and implement the Council’s policies, particularly those relating to Equalities and the Customer Promise and to ensure that the principles within those policies and other policies are followed. |
| | | The Council expects relationships between work colleagues (including those between managers and team members) to be supportive, co-operative and respectful. Employees should behave in a way that enhances the performance and well-being of others and the effectiveness of Council services. Employees should not have managerial responsibility for those with whom they have close private relationships (e.g. partners and family). If such a relationship arises, during the course of your employment, it must be declared to your divisional director or chief officer. |
| | | Other organisations and agencies support, assist and partner the Council in the provision of services. Employees must work within the terms of the contracts/agreements made between contractors/suppliers/partners and the Authority |
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| The Council expects all employees to deal with one another, the public, clients and elected Members in a courteous and civil manner. This may be in the exercise of their duties but can cover other circumstances, e.g. when in the role of Trade Union Representative. Employees should promote equality by not discriminating unlawfully against any person and by treating people with respect regardless of their race, age, religion, gender, sexual orientation or disability. | | |
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| It is important that there is clarity about the respective roles of elected Members and employees and that the relationship between the two is clearly understood by everyone concerned. To achieve this the Council has adopted the Member/Officer Protocol which applies to all Members (the Mayor and Councillors) and employees and should be read in conjunction with this document. | | |
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| You must always remember your responsibilities to the community that you serve and ensure courteous, efficient and impartial service delivery to all groups and individuals within that community as defined by the policies of the Council. All employees are required to be familiar with and implement the Council’s policies, particularly those relating to Equalities and the Customer Promise and to ensure that the principles within those policies and other policies are followed. | | |
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| The Council expects relationships between work colleagues (including those between managers and team members) to be supportive, co-operative and respectful. Employees should behave in a way that enhances the performance and well-being of others and the effectiveness of Council services. Employees should not have managerial responsibility for those with whom they have close private relationships (e.g. partners and family). If such a relationship arises, during the course of your employment, it must be declared to your divisional director or chief officer. | | |
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| Other organisations and agencies support, assist and partner the Council in the provision of services. Employees must work within the terms of the contracts/agreements made between contractors/suppliers/partners and the Authority | | |
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| Section 56.4: DUTY TO DECLARE INTERESTS | | Section 56.4: DUTY TO DECLARE INTERESTS |
| n | | n | You are responsible for declaring interests which conflict with the impartial performance of your duties or put you under suspicion of improper behaviour. These interests may be financial or personal/social interests (e.g. interests of family and friends, commercial or voluntary associations). The interest may be advantageous or have a detrimental effect on you (an example of a detrimental interest may be a situation where you experience threats or pressure from family or friends to act in a particular way in your official capacity). |
| | | You must declare in writing to your director any financial or personal/ social interests that you consider could bring about conflict with the Council’s business or interests. You are reminded in particular that you must comply with Section 117 of the Local Government Act 1972 regarding the disclosure of pecuniary interests in contracts relating to the Council. Orders and contracts must be awarded on merit and no special favour should be shown to businesses in which you have a financial interest or which are run by, for example, friends, partners or relatives. If you have such an interest you must not be involved in any way in the negotiation of agreements or the letting of contracts with these contractors/firms. |
| | | Interests, relationships and associations must also be declared when dealing with recruitment, management responsibilities, the allocation of resources and services, the provision of services and access to confidential information. Interests, friendships and associations, which could conflict with your professional roles and responsibilities, must also be declared to your divisional director. |
| | | Each directorate maintains a confidential register of declarations which must be in writing, giving information about the nature of the interest and the names of the parties and the functions involved. Chief officers and directors are also required to complete returns to be included in a confidential register maintained by Human Resources. These records may be accessed, on application to the monitoring officer, during the process of an investigation if the conduct of an employee is brought into question. |
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| You are responsible for declaring interests which conflict with the impartial performance of your duties or put you under suspicion of improper behaviour. These interests may be financial or personal/social interests (e.g. interests of family and friends, commercial or voluntary associations). The interest may be advantageous or have a detrimental effect on you (an example of a detrimental interest may be a situation where you experience threats or pressure from family or friends to act in a particular way in your official capacity). | | |
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| You must declare in writing to your director any financial or personal/ social interests that you consider could bring about conflict with the Council’s business or interests. You are reminded in particular that you must comply with Section 117 of the Local Government Act 1972 regarding the disclosure of pecuniary interests in contracts relating to the Council. Orders and contracts must be awarded on merit and no special favour should be shown to businesses in which you have a financial interest or which are run by, for example, friends, partners or relatives. If you have such an interest you must not be involved in any way in the negotiation of agreements or the letting of contracts with these contractors/firms. | | |
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| Interests, relationships and associations must also be declared when dealing with recruitment, management responsibilities, the allocation of resources and services, the provision of services and access to confidential information. Interests, friendships and associations, which could conflict with your professional roles and responsibilities, must also be declared to your divisional director. | | |
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| Each directorate maintains a confidential register of declarations which must be in writing, giving information about the nature of the interest and the names of the parties and the functions involved. Chief officers and directors are also required to complete returns to be included in a confidential register maintained by Human Resources. These records may be accessed, on application to the monitoring officer, during the process of an investigation if the conduct of an employee is brought into question. | | |
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| Section 56.5: THE COUNCIL’S BUSINESS INTERESTS | | Section 56.5: THE COUNCIL’S BUSINESS INTERESTS |
| n | | n | All employees are bound by a duty of fidelity not to breach confidence and not to participate in competing activities. The Council has the right to take necessary and reasonable steps to protect its legitimate business interests. |
| | | The Council can legitimately seek to restrict the work activity of certain ex-employees (for a specified period of time after the end of their employment and within a specified geographical area) where the individuals could use contacts and information derived from the Council to compete with the Council for work. These restrictions would take the form of a loyalty clause (or restrictive covenant) within the employee’s contract of employment. |
| | | The Council retains intellectual property rights for work undertaken by employees. Research, reports, designs, drawings, software developments or similar work, when created in the course of an employee’s normal duties, remain the property of the Council. These should not be removed from Council premises or passed on to a third party by any employee acting in a private capacity without the express consent of the Council. |
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| All employees are bound by a duty of fidelity not to breach confidence and not to participate in competing activities. The Council has the right to take necessary and reasonable steps to protect its legitimate business interests. | | |
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| The Council can legitimately seek to restrict the work activity of certain ex-employees (for a specified period of time after the end of their employment and within a specified geographical area) where the individuals could use contacts and information derived from the Council to compete with the Council for work. These restrictions would take the form of a loyalty clause (or restrictive covenant) within the employee’s contract of employment. | | |
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| The Council retains intellectual property rights for work undertaken by employees. Research, reports, designs, drawings, software developments or similar work, when created in the course of an employee’s normal duties, remain the property of the Council. These should not be removed from Council premises or passed on to a third party by any employee acting in a private capacity without the express consent of the Council. | | |
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| Section 56.6: GIFTS AND HOSPITALITY | | Section 56.6: GIFTS AND HOSPITALITY |
| n | | n | The acceptance of gifts and hospitality, even on a modest scale, may arouse suspicion and must be capable of public justification. A register of gifts and hospitality is therefore kept for each of the Council’s directorates containing the following information: |
| | | Where it is in the Council’s interests to offer hospitality to organisations on Council premises such arrangements must only be made with the express permission of the divisional director or chief officer and be on a scale appropriate to the occasion. |
| | | You are strongly advised to refuse or return any gifts, hospitality or other favours from persons inside or outside the Council as any such acceptance could well put you in a compromising position and could render you liable to accusations by other parties who become aware of this. You should bear in mind how the acceptance of a gift or a free meal would look to a third party and how this could appear to compromise your professional judgement even if it is accepted in all innocence. When declining a gift or hospitality you should courteously but firmly inform those making the offer of the procedures and standards operating within the Council. |
| | | Under no circumstances should you ask for a reward, tip, gift, “Christmas box” or any other inducement. You should also not put yourself in debt to someone where this would be likely to influence your work. |
| | | It is a serious criminal offence for employees of the Council to corruptly receive or give any gift, loan, fee, reward or advantage in order to influence official conduct. If an allegation is made, it is for the employee to demonstrate that any such rewards have not been corruptly obtained. It is also an offence to accept any gift or consideration in the knowledge or belief that it is intended as inducement or reward, whether the employee receiving it is influenced or not. |
| | | There may be occasions where refusal of personal hospitality or a small token gift would clearly cause offence or distress if it were refused. The dividing line between what is and what is not acceptable is not a clear one and you should always exercise extreme caution and inform your line manager if it is accepted. This does not need to be recorded in the Gifts and Hospitality Register. |
| | | Before accepting a gift or hospitality staff should consider: |
| | | Where the refusal of an unsolicited gift may cause offence, the gift may be donated to the Speaker of the Council’s official charity and the donor informed accordingly in writing. |
| The acceptance of gifts and hospitality, even on a modest scale, may arouse suspicion and must be capable of public justification. A register of gifts and hospitality is therefore kept for each of the Council’s directorates containing the following information: | | You should exercise discretion in offering and accepting hospitality. You should bear in mind how it might affect your relations with the party offering it and how it might be viewed by elected Members, other potential suppliers/contractors, the public and other officers. The criteria which determine whether you should accept hospitality from firms or other organisations include: |
| | | With the exception of minor gifts such as inexpensive calendars, pens or small stationery items, or hospitality such as refreshments during a site visit or an inexpensive working lunch, the acceptance of gifts and/or hospitality must be authorised in advance by a director or chief officer and recorded in writing in the directorate register. Offers that are declined must also be recorded in the register. Directors and Chief Officers are also required to complete the register although they are not required to seek prior authority for any action they decide to take. |
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| Where it is in the Council’s interests to offer hospitality to organisations on Council premises such arrangements must only be made with the express permission of the divisional director or chief officer and be on a scale appropriate to the occasion. | | |
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| You are strongly advised to refuse or return any gifts, hospitality or other favours from persons inside or outside the Council as any such acceptance could well put you in a compromising position and could render you liable to accusations by other parties who become aware of this. You should bear in mind how the acceptance of a gift or a free meal would look to a third party and how this could appear to compromise your professional judgement even if it is accepted in all innocence. When declining a gift or hospitality you should courteously but firmly inform those making the offer of the procedures and standards operating within the Council. | | |
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| Under no circumstances should you ask for a reward, tip, gift, “Christmas box” or any other inducement. You should also not put yourself in debt to someone where this would be likely to influence your work. | | |
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| It is a serious criminal offence for employees of the Council to corruptly receive or give any gift, loan, fee, reward or advantage in order to influence official conduct. If an allegation is made, it is for the employee to demonstrate that any such rewards have not been corruptly obtained. It is also an offence to accept any gift or consideration in the knowledge or belief that it is intended as inducement or reward, whether the employee receiving it is influenced or not. | | |
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| There may be occasions where refusal of personal hospitality or a small token gift would clearly cause offence or distress if it were refused. The dividing line between what is and what is not acceptable is not a clear one and you should always exercise extreme caution and inform your line manager if it is accepted. This does not need to be recorded in the Gifts and Hospitality Register. | | |
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| Before accepting a gift or hospitality staff should consider: | | |
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| Where the refusal of an unsolicited gift may cause offence, the gift may be donated to the Speaker of the Council’s official charity and the donor informed accordingly in writing. | | |
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| You should exercise discretion in offering and accepting hospitality. You should bear in mind how it might affect your relations with the party offering it and how it might be viewed by elected Members, other potential suppliers/contractors, the public and other officers. The criteria which determine whether you should accept hospitality from firms or other organisations include: | | |
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| With the exception of minor gifts such as inexpensive calendars, pens or small stationery items, or hospitality such as refreshments during a site visit or an inexpensive working lunch, the acceptance of gifts and/or hospitality must be authorised in advance by a director or chief officer and recorded in writing in the directorate register. Offers that are declined must also be recorded in the register. Directors and Chief Officers are also required to complete the register although they are not required to seek prior authority for any action they decide to take. | | |
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| Section 56.7: LEGACIES | | Section 56.7: LEGACIES |
| n | | n | On occasion members of the public or clients may wish to express their appreciation of Council officers or services of a particular employee by leaving money/gifts in their will. Members of the public should be discouraged from doing this. |
| | | Where an employee has notice that they are to be bequeathed money/gifts from a member of the public or client they must report this to their Chief Officer. |
| | | Details of the amount involved, the reason for the legacy and the service provided must be forwarded to the chief officer before the employee accepts the legacy. |
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| On occasion members of the public or clients may wish to express their appreciation of Council officers or services of a particular employee by leaving money/gifts in their will. Members of the public should be discouraged from doing this. | | |
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| Where an employee has notice that they are to be bequeathed money/gifts from a member of the public or client they must report this to their Chief Officer. | | |
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| Details of the amount involved, the reason for the legacy and the service provided must be forwarded to the chief officer before the employee accepts the legacy. | | |
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| Section 56.8: CONFIDENTIAL AND OTHER INFORMATION | | Section 56.8: CONFIDENTIAL AND OTHER INFORMATION |
| n | | n | The Council expects all employees to safeguard confidential information, including when they leave the Council’s service. Information which can be classified as ‘confidential’ can broadly be grouped into the following areas: |
| | | Exempt committee papers (i.e. those on Part II of any Agenda) must not be released to the public or a fellow officer (unless they have a clear right of access) without the consent of the Director of Workforce, OD and Business Support. |
| | | You must not use any information obtained in the course of your employment for personal gain or benefit. You must not pass on such information to others who might use it in a similar way. All employees are under an obligation not to access or attempt to access information which they are not authorised to have. |
| | | Employees are bound by their contracts of employment to maintain confidentiality. Any deliberate breach of confidentiality, improper disclosure of information or misconduct in relation to official documents will be treated as a serious matter and will lead to disciplinary action. |
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| The Council expects all employees to safeguard confidential information, including when they leave the Council’s service. Information which can be classified as ‘confidential’ can broadly be grouped into the following areas: | | |
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| Exempt committee papers (i.e. those on Part II of any Agenda) must not be released to the public or a fellow officer (unless they have a clear right of access) without the consent of the Director of Workforce, OD and Business Support. | | |
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| You must not use any information obtained in the course of your employment for personal gain or benefit. You must not pass on such information to others who might use it in a similar way. All employees are under an obligation not to access or attempt to access information which they are not authorised to have. | | |
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| Employees are bound by their contracts of employment to maintain confidentiality. Any deliberate breach of confidentiality, improper disclosure of information or misconduct in relation to official documents will be treated as a serious matter and will lead to disciplinary action. | | |
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| Section 56.9: OUTSIDE AND ADDITIONAL WORK | | Section 56.9: OUTSIDE AND ADDITIONAL WORK |
| n | | n | Employees must comply with Section 107 of the Local Government Act 1972 regarding the non-acceptance of any fees or rewards whatsoever other than their proper remuneration. It is a criminal offence for you corruptly to receive or give any gift, loan, fee, reward or advantage for doing or not doing anything or showing favour or disfavour to any person in your official capacity. If an allegation is made, it is for you to demonstrate that any such rewards have not been obtained corruptly. You must therefore ensure that any reward or fee that you receive from employment outside the Council has been authorised in advance in accordance with this Code. |
| | | Any additional work (whether paid or unpaid) you wish to undertake must not conflict with the Council’s interests or in any way weaken public confidence in the Authority. Accordingly, all employees of the Authority are required to obtain consent, in writing (to be retained on their HR file), from their Chief Officer in advance, and on each occasion, if they wish to engage in any other business, take up additional employment or work outside the Authority. This provision also applies to chief officers who will require the prior consent of the Chief Executive should they wish to engage in such activity. |
| | | Also you must not undertake any duties/work (whether for payment or otherwise) of a type that you normally undertake for the Council on behalf of: |
| | | Employees do not need approval to undertake voluntary work or work for trade unions or political parties (subject to the provisions of the 1989 Local Government Housing Act as set out below), provided this work does not conflict with the Council’s interests as specified in paragraph 37. |
| | | The Council will generally not give approval for additional or outside work if it: |
| | | Where approval has been given to undertake additional or outside work, employees must not: |
| | | Outside work should not be undertaken for any person, company or contractor who is known by the employee to have a contractual relationship with the Council, or who is seeking work from the Council. |
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| Employees must comply with Section 107 of the Local Government Act 1972 regarding the non-acceptance of any fees or rewards whatsoever other than their proper remuneration. It is a criminal offence for you corruptly to receive or give any gift, loan, fee, reward or advantage for doing or not doing anything or showing favour or disfavour to any person in your official capacity. If an allegation is made, it is for you to demonstrate that any such rewards have not been obtained corruptly. You must therefore ensure that any reward or fee that you receive from employment outside the Council has been authorised in advance in accordance with this Code. | | |
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| Any additional work (whether paid or unpaid) you wish to undertake must not conflict with the Council’s interests or in any way weaken public confidence in the Authority. Accordingly, all employees of the Authority are required to obtain consent, in writing (to be retained on their HR file), from their Chief Officer in advance, and on each occasion, if they wish to engage in any other business, take up additional employment or work outside the Authority. This provision also applies to chief officers who will require the prior consent of the Chief Executive should they wish to engage in such activity. | | |
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| Also you must not undertake any duties/work (whether for payment or otherwise) of a type that you normally undertake for the Council on behalf of: | | |
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| Employees do not need approval to undertake voluntary work or work for trade unions or political parties (subject to the provisions of the 1989 Local Government Housing Act as set out below), provided this work does not conflict with the Council’s interests as specified in paragraph 37. | | |
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| The Council will generally not give approval for additional or outside work if it: | | |
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| Where approval has been given to undertake additional or outside work, employees must not: | | |
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| Outside work should not be undertaken for any person, company or contractor who is known by the employee to have a contractual relationship with the Council, or who is seeking work from the Council. | | |
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| Section 56.10: APPOINTMENTS AND RELATED EMPLOYMENT MATTERS | | Section 56.10: APPOINTMENTS AND RELATED EMPLOYMENT MATTERS |
| n | | n | The Council recruits on merit and requires that its appointments are made without bias, on the basis of clear assessment criteria. If you are responsible for appointing employees, it is unlawful for you to make an appointment other than on the basis of merit. It would be unlawful for you to make an appointment based on anything other than the ability of the candidate to meet the present and future needs of the Council. In order to avoid any possible accusation of bias, you should not be involved in an appointment where you are related to an applicant, or have a close personal relationship outside work. You must not canvas on behalf of any applicant. |
| | | Similarly, you must not be involved in decisions relating to discipline, promotion or pay adjustments for another employee who is a relative, partner, close friend, or where you have some other close personal relationship. |
| | | As an employee/potential employee you must ensure that you: |
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| The Council recruits on merit and requires that its appointments are made without bias, on the basis of clear assessment criteria. If you are responsible for appointing employees, it is unlawful for you to make an appointment other than on the basis of merit. It would be unlawful for you to make an appointment based on anything other than the ability of the candidate to meet the present and future needs of the Council. In order to avoid any possible accusation of bias, you should not be involved in an appointment where you are related to an applicant, or have a close personal relationship outside work. You must not canvas on behalf of any applicant. | | |
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| Similarly, you must not be involved in decisions relating to discipline, promotion or pay adjustments for another employee who is a relative, partner, close friend, or where you have some other close personal relationship. | | |
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| As an employee/potential employee you must ensure that you: | | |
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| [* Although under the terms of the Rehabilitation of Offenders Act 1978 certain offences are categorised as being “spent” for employment purposes this exemption does not apply to certain posts, for example where the individual is engaged in work that entails contact with children.]. | | [* Although under the terms of the Rehabilitation of Offenders Act 1978 certain offences are categorised as being “spent” for employment purposes this exemption does not apply to certain posts, for example where the individual is engaged in work that entails contact with children.]. |
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| Section 56.11: LOCAL GOVERNMENT AND HOUSING ACT 1989 | | Section 56.11: LOCAL GOVERNMENT AND HOUSING ACT 1989 |
| n | | n | As a result of provisions introduced under the Local Government and Housing Act 1989 to ensure the political impartiality of local government employees, some employees’ posts are subject to political restriction. This means that the postholders are prohibited from involvement in political activities as these could conflict with the responsibilities at work. |
| | | The Local Government and Housing Act 1989 requires that anyone who is employed by a local authority in a politically restricted or sensitive post is disqualified from being elected as a Member in another local authority or as a Member of Parliament or as a Member of the European Parliament. Employees holding politically restricted posts are also unable to undertake certain political activities within the following broad categories:- |
| | | The Act requires that employees holding the following posts should be politically restricted: |
| | | A list of politically restricted posts is held by the Monitoring Officer. It contains the post designations and the section of the Act relating to their inclusion on the list. |
| | | Under the Local Government (Political Restrictions) Regulations 1990, the failure of a postholder holding a politically restricted post to comply with the restriction will result in disciplinary action being taken on the grounds of misconduct. |
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| As a result of provisions introduced under the Local Government and Housing Act 1989 to ensure the political impartiality of local government employees, some employees’ posts are subject to political restriction. This means that the postholders are prohibited from involvement in political activities as these could conflict with the responsibilities at work. | | |
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| The Local Government and Housing Act 1989 requires that anyone who is employed by a local authority in a politically restricted or sensitive post is disqualified from being elected as a Member in another local authority or as a Member of Parliament or as a Member of the European Parliament. Employees holding politically restricted posts are also unable to undertake certain political activities within the following broad categories:- | | |
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| The Act requires that employees holding the following posts should be politically restricted: | | |
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| A list of politically restricted posts is held by the Monitoring Officer. It contains the post designations and the section of the Act relating to their inclusion on the list. | | |
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| Under the Local Government (Political Restrictions) Regulations 1990, the failure of a postholder holding a politically restricted post to comply with the restriction will result in disciplinary action being taken on the grounds of misconduct. | | |
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| Section 56.12: POLITICAL NEUTRALITY AND CONTACT WITH MEMBERS | | Section 56.12: POLITICAL NEUTRALITY AND CONTACT WITH MEMBERS |
| n | | n | Employees serve the Authority as a whole. It follows that they must serve all Members (the Mayor and all Councillors, not just those of the ruling political group) and must ensure that the individual rights of all Members are respected treating political groups and individual Members in a fair and even handed manner. Insofar as employees may be required to advise political groups, they must do so in ways that do not compromise their own political neutrality. This subject is covered in detail in the Member/Officer Protocol which governs relations between elected Members and Council officers. |
| | | It is important that Members’ enquiries should be dealt with efficiently and effectively within the established policy and procedures for the service area concerned. If employees consider that unreasonable Member pressure is being brought to bear with a particular issue outside of established procedures and policies, the relevant details must be referred to your chief officer. It is the Chief Executive's responsibility to determine whether the incident concerned should be reported to the Group Secretaries. |
| | | Lines of communication between Members, employees and members of the public should accord with defined and established management practice, be readily identifiable and respected by all concerned. |
| | | Individual employees should not approach elected Members directly on employment matters. |
| | | Representations to Members should be made through chief officers or normal Trade Union/Member communication forums. |
| | | Employees must not disrupt official meetings of the Council or of its Cabinet, Committees, Sub-Committees, etc. |
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| Employees serve the Authority as a whole. It follows that they must serve all Members (the Mayor and all Councillors, not just those of the ruling political group) and must ensure that the individual rights of all Members are respected treating political groups and individual Members in a fair and even handed manner. Insofar as employees may be required to advise political groups, they must do so in ways that do not compromise their own political neutrality. This subject is covered in detail in the Member/Officer Protocol which governs relations between elected Members and Council officers. | | |
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| It is important that Members’ enquiries should be dealt with efficiently and effectively within the established policy and procedures for the service area concerned. If employees consider that unreasonable Member pressure is being brought to bear with a particular issue outside of established procedures and policies, the relevant details must be referred to your chief officer. It is the Chief Executive's responsibility to determine whether the incident concerned should be reported to the Group Secretaries. | | |
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| Lines of communication between Members, employees and members of the public should accord with defined and established management practice, be readily identifiable and respected by all concerned. | | |
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| Individual employees should not approach elected Members directly on employment matters. | | |
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| Representations to Members should be made through chief officers or normal Trade Union/Member communication forums. | | |
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| Employees must not disrupt official meetings of the Council or of its Cabinet, Committees, Sub-Committees, etc. | | |
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| Section 56.13: PUBLICATIONS - BROADCASTS | | Section 56.13: PUBLICATIONS - BROADCASTS |
| n | | n | Employees who are broadcasting on a subject connected with the work of the Council are required to obtain permission from the Chief Executive and their chief officer in advance and to submit where possible a copy of the script of the broadcast or otherwise advise on general subject matter. |
| | | Employees should not publish, or authorise without the permission of their chief officer the publication of any book or article by them or with others which indicates that the writer is an employee of or connected with the London Borough of Tower Hamlets. |
| | | Similarly, employees should not, without permission from the Council, make any communication to a newspaper or other journal in which there is any indication that they are an employee or otherwise connected with the London Borough of Tower Hamlets. Employees acting in either a personal capacity or as a spokesperson for outside groups should not bring the Council into disrepute by publicising material adverse to the Council or other employees. This is not intended to preclude Trade Unions from pursuing their legitimate industrial relations activities. |
| | | The Council has established a Communications Section, which is responsible for all official press releases and statements. Individuals who are asked by the media to make comments should refer such requests direct to that section. |
| | | Employees should consider whether their public statements made about the Council (whether as a spokesperson for an organisation or as an individual) could reflect in some unacceptable way upon the employer-employee relationship. |
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| Employees who are broadcasting on a subject connected with the work of the Council are required to obtain permission from the Chief Executive and their chief officer in advance and to submit where possible a copy of the script of the broadcast or otherwise advise on general subject matter. | | |
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| Employees should not publish, or authorise without the permission of their chief officer the publication of any book or article by them or with others which indicates that the writer is an employee of or connected with the London Borough of Tower Hamlets. | | |
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| Similarly, employees should not, without permission from the Council, make any communication to a newspaper or other journal in which there is any indication that they are an employee or otherwise connected with the London Borough of Tower Hamlets. Employees acting in either a personal capacity or as a spokesperson for outside groups should not bring the Council into disrepute by publicising material adverse to the Council or other employees. This is not intended to preclude Trade Unions from pursuing their legitimate industrial relations activities. | | |
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| The Council has established a Communications Section, which is responsible for all official press releases and statements. Individuals who are asked by the media to make comments should refer such requests direct to that section. | | |
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| Employees should consider whether their public statements made about the Council (whether as a spokesperson for an organisation or as an individual) could reflect in some unacceptable way upon the employer-employee relationship. | | |
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| Section 56.14: WHISTLEBLOWING | | Section 56.14: WHISTLEBLOWING |
| n | | n | The Council expects employees who witness, or have their suspicions raised, or are approached to become party to potentially fraudulent, corrupt, dangerous or improper behaviour, to report these incidents or concerns either to their line manager or other council manager or through the agreed whistleblowing procedures. Failure to do so could implicate you in the misconduct. |
| | | The Council recognises that the decision to report a concern can be a difficult one to make, not least because of the fear of reprisal from those responsible for the malpractice. The Council will not tolerate harassment or victimisation and will take appropriate action to protect employees who raise a concern in good faith. |
| | | Employees who are subject to procedures (such as but not limited to disciplinary or redundancy) will not have those procedures halted as a result of raising concerns under this procedure. |
| | | Concerns should normally be raised initially with your line manager or supervisor. However, the most appropriate person to contact will depend on the seriousness and sensitivity of the issues involved and who is suspected of the misconduct/ malpractice. If for any reason you do not feel that it is appropriate to express your concerns in this way, the Council’s whistleblowing policy explains the other routes available to you. |
| | | Malicious allegations i.e. deliberately raising false complaints with the intention of harming someone will be regarded as serious misconduct. |
| | | Raising concerns through the media is not an appropriate or effective channel and may result in an employee breaching obligations under this Code resulting in disciplinary action. The Council’s whistleblowing policy gives details of how to raise concerns with more appropriate and independent organisations outside the Council. |
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| The Council expects employees who witness, or have their suspicions raised, or are approached to become party to potentially fraudulent, corrupt, dangerous or improper behaviour, to report these incidents or concerns either to their line manager or other council manager or through the agreed whistleblowing procedures. Failure to do so could implicate you in the misconduct. | | |
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| The Council recognises that the decision to report a concern can be a difficult one to make, not least because of the fear of reprisal from those responsible for the malpractice. The Council will not tolerate harassment or victimisation and will take appropriate action to protect employees who raise a concern in good faith. | | |
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| Employees who are subject to procedures (such as but not limited to disciplinary or redundancy) will not have those procedures halted as a result of raising concerns under this procedure. | | |
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| Concerns should normally be raised initially with your line manager or supervisor. However, the most appropriate person to contact will depend on the seriousness and sensitivity of the issues involved and who is suspected of the misconduct/ malpractice. If for any reason you do not feel that it is appropriate to express your concerns in this way, the Council’s whistleblowing policy explains the other routes available to you. | | |
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| Malicious allegations i.e. deliberately raising false complaints with the intention of harming someone will be regarded as serious misconduct. | | |
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| Raising concerns through the media is not an appropriate or effective channel and may result in an employee breaching obligations under this Code resulting in disciplinary action. The Council’s whistleblowing policy gives details of how to raise concerns with more appropriate and independent organisations outside the Council. | | |
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| Section 56.15: COUNCIL POLICIES, PROCEDURES AND OPERATING GUIDELINES | | Section 56.15: COUNCIL POLICIES, PROCEDURES AND OPERATING GUIDELINES |
| n | | n | In addition to this Code of Conduct, the work of Council employees is governed, in most areas, by established policies, procedures and operational guidelines which ensure: (a) that the Council meets its statutory obligations, |
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| In addition to this Code of Conduct, the work of Council employees is governed, in most areas, by established policies, procedures and operational guidelines which ensure: (a) that the Council meets its statutory obligations, | | |
| (b) that service standards are maintained, | | (b) that service standards are maintained, |
| (c) that staff operate within their approved authority, and | | (c) that staff operate within their approved authority, and |
| (d) that proper monitoring and auditing processes can be applied. | | (d) that proper monitoring and auditing processes can be applied. |
| | | Whilst your manager will assist you, employees also have a personal responsibility to ensure that they are familiar with their responsibilities under the Council’s Constitution and work within Council policies, procedures and operating guidelines. |
| | | Allegations of any failure to meet the requirements of this Code may be dealt with under the Council’s Disciplinary Procedure. |
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| Whilst your manager will assist you, employees also have a personal responsibility to ensure that they are familiar with their responsibilities under the Council’s Constitution and work within Council policies, procedures and operating guidelines. | | |
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| Allegations of any failure to meet the requirements of this Code may be dealt with under the Council’s Disciplinary Procedure. | | |
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| Functions of the Chief Executive, Monitoring Officer, Chief Finance Officer and Corporate Directors | | Functions of the Chief Executive, Monitoring Officer, Chief Finance Officer and Corporate Directors |
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| Section 57.1: The Chief Executive | | Section 57.1: The Chief Executive |
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| The Chief Executive is appointed as Head of Paid Service under s 4 of the Local Government and Housing Act 1989 to carry out the Council’s statutory obligations to report to the Council as appropriate with regard to the way in which the overall discharge by the Council of its different functions is co-ordinated, the number and grades of staff required for the discharge of these functions, the way in which these people are organised and managed, and the way in which they are appointed under that Act. This post is responsible for the corporate and overall strategic management of the Council as a whole and is responsible for establishing a framework for management direction, style and standards and for monitoring the performance of the Council. Its overriding responsibility is to the Council and not to the Mayor, any party-political group, or other grouping of Members. It must report to and provide information for the Executive, the full Council, the Overview and Scrutiny Committee and other Committees. The Political neutrality of the office holder must be respected at all times. | | The Chief Executive is appointed as Head of Paid Service under s 4 of the Local Government and Housing Act 1989 to carry out the Council’s statutory obligations to report to the Council as appropriate with regard to the way in which the overall discharge by the Council of its different functions is co-ordinated, the number and grades of staff required for the discharge of these functions, the way in which these people are organised and managed, and the way in which they are appointed under that Act. This post is responsible for the corporate and overall strategic management of the Council as a whole and is responsible for establishing a framework for management direction, style and standards and for monitoring the performance of the Council. Its overriding responsibility is to the Council and not to the Mayor, any party-political group, or other grouping of Members. It must report to and provide information for the Executive, the full Council, the Overview and Scrutiny Committee and other Committees. The Political neutrality of the office holder must be respected at all times. |
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| The Chief Executive works closely with the Mayor to assist in the development of the Mayor’s strategic policy and to ensure that such is then put into practice and, in that regard, will: | | |
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| Ensure that the Mayor and Council’s priorities and goals can be implemented in a timely, efficient and innovative way through focused strategies, projects and programmes. | | |
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| Act as the principal policy adviser to the Mayor and Members and will secure the best professional advice on all relevant matters in respect of the Council’s functions and services. | | |
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| Develop a professional partnership with the Mayor and Members to ensure that the Council’s vision, goals and core values are made reality and to provide a clear sense of direction, optimism and purpose and marshal the resources of the whole organisation to this end. | | |
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| Assist the Mayor in partnership working by taking the lead in developing effective partnerships at management level with other public agencies, private companies and local community organisations to achieve better public services and improved results for local people. | | |
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| (i) The Chief Executive may exercise any executive function in cases of emergency or extreme urgency whether or not reserved to the Mayor and following the exercise of such power will provide a written report to the Mayor setting out the decision taken and the reason for it including the reasons for emergency or extreme urgency. | | |
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| (ii) The Chief Executive may exercise any non-executive function in cases of emergency or extreme urgency whether or not reserved to the Council and following the exercise of such power will provide a written report to the Council setting out the decision taken and the reasons for it, including the reasons for emergency or extreme urgency. | | |
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| The Chief Executive is also responsible for ensuring that all decisions made by the Mayor and the reasons for them are made public and will ensure that Council Members are aware of decisions made by the Mayor and of those made by officers who have delegated executive responsibility. | | |
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| If the Chief Executive considers that any proposal, decision or omission raises a significant concern it must be reported in writing to the Mayor in relation to an executive function or to the Council in relation to a non-executive function. Such a report will have the effect of immediately stopping the proposal or decision being implemented until the report has been considered. The report must be considered within 21 days at a meeting of either Council or the Mayor/Mayor in Cabinet as appropriate. | | |
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| As soon as practicable after either the Council or the Mayor/Mayor in Cabinet has considered this report, it shall prepare and publish a report that will include; | | |
| (i) what action it has taken in response to the report | | |
| (ii) what action it proposes to take in response to the report and when it proposes to take that action; | | |
| (iii) the reasons for taking that action, or the reason for not taking any action. | | |
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| Section 57.2: Deputy Chief Executive | | Section 57.2: Deputy Chief Executive |
| n | | n | Should the Chief Executive be unavailable for any reason, their designated Deputy Chief Executive may undertake any function and/or take any decision which is the responsibility of the Chief Executive. |
| | | Note – the role of Returning Officer is designated to the Chief Executive personally and not to the post and so these responsibilities cannot be delegated to the Deputy Chief Executive. |
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| Should the Chief Executive be unavailable for any reason, their designated Deputy Chief Executive may undertake any function and/or take any decision which is the responsibility of the Chief Executive. | | |
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| Note – the role of Returning Officer is designated to the Chief Executive personally and not to the post and so these responsibilities cannot be delegated to the Deputy Chief Executive. | | |
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| Section 57.3: Functions of the Monitoring Officer and Director of Legal | | Section 57.3: Functions of the Monitoring Officer and Director of Legal |
| n | | n | The Director of Legal is appointed under the provisions of s 5 of the Local Government and Housing Act 1989 to be the Council’s Monitoring Officer and to carry out the Council’s statutory functions under that Act in respect of matters of legality, conduct, and probity. The Monitoring Officer may not be the Head of Paid Service or the Chief Finance Officer, but will liaise as appropriate with the Head of Paid Service in the discharge of their functions. |
| | | The Monitoring Officer is a member of the Corporate Leadership Team with a direct reporting line to the Chief Executive. |
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| n | | n | The Monitoring Officer will maintain an up-to-date version of the Constitution and will ensure that each Member of the authority has access to a copy of this Constitution upon delivery of that individual’s declaration of acceptance of office on the Member first being elected to the Council. The Monitoring Officer will ensure that the Constitution is published on the Council’s website and that the Constitution can be purchased by members of the local press and the public on payment of a reasonable fee. |
| | | The Monitoring Officer will monitor and review the operation of the Constitution and may make recommendations to ensure that the aims and principles of the Constitution are given full effect. A key role is to be aware of the strengths and weaknesses of the Constitution and to make recommendations for ways in which it could be amended in order better to achieve the purpose of the Constitution. In undertaking this role the Monitoring Officer may: |
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| n | | n | The Monitoring Officer: • Can approve all non-material changes to the Constitution including those that reflect decisions taken by the Council or changes in legislation or to correct matters of fact; and • Can recommend to General Purposes Committee and /or Council for approval material changes to the Constitution. (Note that the Supplementary Documents Pack sets out its own delegated authorities to change Sections within that part of the document.) |
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| n | | n | The Monitoring Officer will advise as to the construction or application of the Constitution. |
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| n | | n | If the Monitoring Officer considers that any proposal, decision or omission would give rise to unlawfulness; or if any decision or omission has given rise to maladministration, , after consulting with the Head of the Paid Service and Chief Finance Officer, they will report in writing to the Mayor in relation to an executive function or to Council in relation to a non-executive function. Such a report will have the effect of immediately stopping the proposal or decision being implemented until the report has been considered. The report must be considered within 21 days at a meeting of either Council or by the Mayor/Mayor in Cabinet as appropriate. |
| The Director of Legal is appointed under the provisions of s 5 of the Local Government and Housing Act 1989 to be the Council’s Monitoring Officer and to carry out the Council’s statutory functions under that Act in respect of matters of legality, conduct, and probity. The Monitoring Officer may not be the Head of Paid Service or the Chief Finance Officer, but will liaise as appropriate with the Head of Paid Service in the discharge of their functions. | | |
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| The Monitoring Officer is a member of the Corporate Leadership Team with a direct reporting line to the Chief Executive. | | |
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| (a) The Monitoring Officer will maintain an up-to-date version of the Constitution and will ensure that each Member of the authority has access to a copy of this Constitution upon delivery of that individual’s declaration of acceptance of office on the Member first being elected to the Council. The Monitoring Officer will ensure that the Constitution is published on the Council’s website and that the Constitution can be purchased by members of the local press and the public on payment of a reasonable fee. | | |
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| The Monitoring Officer will monitor and review the operation of the Constitution and may make recommendations to ensure that the aims and principles of the Constitution are given full effect. A key role is to be aware of the strengths and weaknesses of the Constitution and to make recommendations for ways in which it could be amended in order better to achieve the purpose of the Constitution. In undertaking this role the Monitoring Officer may: | | |
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| Section 57.4: Changes to the Constitution. | | |
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| The Monitoring Officer • Can approve all non-material changes to the Constitution including those that reflect decisions taken by the Council or changes in legislation or to correct matters of fact; and • Can recommend to General Purposes Committee and /or Council for approval material changes to the Constitution. | | |
| (Note that the Supplementary Documents Pack sets out its own delegated authorities to change Sections within that part of the document.) | | |
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| Section 57.5: Interpreting the Constitution. | | |
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| The Monitoring Officer will advise as to the construction or application of the Constitution. | | |
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| Section 57.6: Ensuring lawfulness and fairness of decision making. | | |
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| If the Monitoring Officer considers that any proposal, decision or omission would give rise to unlawfulness; or if any decision or omission has given rise to maladministration, , after consulting with the Head of the Paid Service and Chief Finance Officer, they will report in writing to the Mayor in relation to an executive function or to Council in relation to a non-executive function. Such a report will have the effect of immediately stopping the proposal or decision being implemented until the report has been considered. The report must be considered within 21 days at a meeting of either Council or by the Mayor/Mayor in Cabinet as appropriate. | | |
| As soon as practicable after Council or the Mayor/Mayor in Cabinet has considered the Monitoring Officer’s report, it shall prepare and publish a report that will include: | | As soon as practicable after Council or the Mayor/Mayor in Cabinet has considered the Monitoring Officer’s report, it shall prepare and publish a report that will include: |
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| n | | n | The Monitoring Officer is responsible for promoting and maintaining high standards of ethical conduct throughout the Council and will provide support to the Standards Advisory Committee, in particular by |
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| n | | n | receiving and having regard to recommendations from the Standards Advisory Committee regarding Member conduct. |
| Section 57.7: Supporting the Standards Advisory Committee. | | |
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| n | | n | Where an investigation is required in accordance with the agreed arrangements for dealing with an alleged breach of the Code of Conduct by a Member, conducting or arranging for that investigation to be carried out and making reports or recommendations in respect of them to the Standards Advisory Committee or its Sub-Committee as appropriate. |
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| n | | n | Establishing and maintaining a Register of Interests of Members and Co-opted Members of the Council. |
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| n | | n | Advising whether decisions of the Mayor/Mayor in Cabinet are in accordance with the budget and policy framework. |
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| n | | n | Providing advice on the scope of powers and authority to take decisions, maladministration, financial impropriety, probity (and budget and policy framework issues) to the Mayor, all Councillors and officers. |
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| The Monitoring Officer is responsible for promoting and maintaining high standards of ethical conduct throughout the Council and will provide support to the Standards Advisory Committee, in particular by | | |
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| n | | n | Determining applications for dispensations from the Code of Conduct where the number of Members otherwise precluded from taking part in a decision would impede the conduct of business or interfere with the political balance of the decision-making body and also determining applications for dispensations made by individual Members. The Monitoring Officer will report at least annually to the Standards Advisory Committee on any dispensations granted. |
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| n | | n | Is also responsible for: Legal Services; Democratic Services and Elections. These functions can be varied at any time by the Chief Executive who may also allocate to the role additional functions and responsibilities. The Director of Legal: |
| Section 57.8: Receiving reports. | | |
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| n | | n | The Monitoring Officer cannot be the Chief Finance Officer or the Head of Paid Service. |
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| receiving and having regard to recommendations from the Standards Advisory Committee regarding Member conduct. | | |
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| Section 57.9: Conducting investigations. | | |
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| Where an investigation is required in accordance with the agreed arrangements for dealing with an alleged breach of the Code of Conduct by a Member, conducting or arranging for that investigation to be carried out and making reports or recommendations in respect of them to the Standards Advisory Committee or its Sub-Committee as appropriate. | | |
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| Section 57.10: Register of Interests. | | |
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| Establishing and maintaining a Register of Interests of Members and Co-opted Members of the Council. | | |
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| Section 57.11: Advising whether Executive decisions are within the budget and policy framework. | | |
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| Advising whether decisions of the Mayor/Mayor in Cabinet are in accordance with the budget and policy framework. | | |
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| Section 57.12: Providing advice. | | |
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| Providing advice on the scope of powers and authority to take decisions, maladministration, financial impropriety, probity (and budget and policy framework issues) to the Mayor, all Councillors and officers. | | |
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| Section 57.13: Determining Dispensations. | | |
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| Determining applications for dispensations from the Code of Conduct where the number of Members otherwise precluded from taking part in a decision would impede the conduct of business or interfere with the political balance of the decision-making body and also determining applications for dispensations made by individual Members. The Monitoring Officer will report at least annually to the Standards Advisory Committee on any dispensations granted. | | |
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| Section 57.14: The Director of Legal | | |
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| Is also responsible for: Legal Services; Democratic Services and Elections. These functions can be varied at any time by the Chief Executive who may also allocate to the role additional functions and responsibilities. The Director of Legal: | | |
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| Section 57.15: Restrictions on post. | | |
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| The Monitoring Officer cannot be the Chief Finance Officer or the Head of Paid Service. | | |
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| Section 57.16: Functions of the Corporate Director, Resources (and Chief Finance Officer) | | Section 57.4: Functions of the Corporate Director, Resources (and Chief Finance Officer) |
| | | The Corporate Director, Resources has the statutory responsibilities defined in s 151 of the Local Government Act 1972 and section 114 of the Local Government Finance Act 1988 as the Council’s Chief Finance Officer to ensure the proper administration of the financial affairs of the Authority including: |
| | | In Addition the role of the Chief Finance Officer is: |
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| The Corporate Director, Resources has the statutory responsibilities defined in s 151 of the Local Government Act 1972 and section 114 of the Local Government Finance Act 1988 as the Council’s Chief Finance Officer to ensure the proper administration of the financial affairs of the Authority including: Ensuring the proper administration of the Council’s financial affairs. Setting and monitoring compliance with financial management standards. Advising on the corporate financial position and on the key financial controls necessary to secure sound financial management. Providing financial information (in conjunction with Senior Managers). Ensuring that the annual statement of accounts is prepared in accordance with appropriate financial standards and within the statutory deadlines. Preparing the revenue budget and capital programme relating to the General Fund and the Housing Revenue Account. | | |
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| In Addition the role of the Chief Finance Officer is: | | |
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| Section 57.17: Functions of the Corporate Director, Health and Adult Social Care | | Section 57.5: Functions of the Corporate Director, Health and Adult Social Care |
| | | The Corporate Director, Health and Adult Social Care is the Statutory Director of Adult Social care under s 6 of the Local Authority Social Services Act 1970 as amended by s18 of the Children Act 2004 and is responsible for the delivery of those local authority social services functions listed in Schedule 1 of the Local Authority Social Services Act 1970 (as amended), other than those for which the Director of Children’s services is responsible, and the public health functions contained in the Health and Social Care Act 2012. The Corporate Director, Health and Adult Social Care is responsible for implementing and ensuring compliance with any statutory guidance issued by the Department of Health or other Government department and is currently required to:- Assess local needs and ensure availability and delivery of a full range of local authority services; The Health and Adult Social Care portfolio currently includes Adult Social Care; Public Health (and the Director, Public Health reports to the Corporate Director); and Health and Integrated Commissioning. These functions can be varied at any time by the Chief Executive, who may also allocate to the role additional functions and responsibilities. |
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| The Corporate Director, Health and Adult Social Care is the Statutory Director of Adult Social care under s 6 of the Local Authority Social Services Act 1970 as amended by s18 of the Children Act 2004 and is responsible for the delivery of those local authority social services functions listed in Schedule 1 of the Local Authority Social Services Act 1970 (as amended), other than those for which the Director of Children’s services is responsible, and the public health functions contained in the Health and Social Care Act 2012. | | |
| The Corporate Director, Health and Adult Social Care is responsible for implementing and ensuring compliance with any statutory guidance issued by the Department of Health or other Government department and is currently required to:- | | |
| Assess local needs and ensure availability and delivery of a full range of local authority services; Give professional leadership, including workforce planning; Lead the implementation of standards; Manage cultural change; Promote local access and ownership and drive partnership working; Deliver an integrated whole systems approach to supporting communities; and Promote social inclusion and wellbeing. | | |
| The Health and Adult Social Care portfolio currently includes Adult Social Care; Public Health (and the Director, Public Health reports to the Corporate Director); and Health and Integrated Commissioning. These functions can be varied at any time by the Chief Executive, who may also allocate to the role additional functions and responsibilities. | | |
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| Section 57.18: Functions of the Corporate Director, Children’s Services | | Section 57.6: Functions of the Corporate Director, Children’s Services |
| | | The Corporate Director, Children’ Services is the Council’s Statutory Director of Children’s services under s 18(7) of the Children Act 2004 with statutory duties to discharge the education and children’s social services functions of the local authority including those detailed as follows: |
| | | The Children and Culture portfolio currently includes; Supporting Families; Education, Youth Services and Commissioning. These functions can be varied at any time by the Chief Executive, who may also allocate to the role additional functions and responsibilities. |
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| The Corporate Director, Children’ Services is the Council’s Statutory Director of Children’s services under s 18(7) of the Children Act 2004 with statutory duties to discharge the education and children’s social services functions of the local authority including those detailed as follows: | | |
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| The Children and Culture portfolio currently includes; Supporting Families; Education, Youth Services and Commissioning. These functions can be varied at any time by the Chief Executive, who may also allocate to the role additional functions and responsibilities. | | |
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| Section 57.19: Functions of the Corporate Director, Housing and Regeneration | | Section 57.7: Functions of the Corporate Director, Housing and Regeneration |
| | | The Housing and Regeneration portfolio currently includes responsibility for discharging all the Council’s duties, powers and functions in the following areas:- |
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| The Housing and Regeneration portfolio currently includes responsibility for discharging all the Council’s duties, powers and functions in the following areas:- | | |
| Planning and Building Control; Housing; Integrated Growth and Development;; Regeneration; all functions related to being a landlord of social housing and the award of contracts for capital projects These functions can be varied at any time by the Chief Executive, who may also allocate to the role additional functions and responsibilities. | | Planning and Building Control; Housing; Integrated Growth and Development;; Regeneration; all functions related to being a landlord of social housing and the award of contracts for capital projects These functions can be varied at any time by the Chief Executive, who may also allocate to the role additional functions and responsibilities. |
| The Corporate Director, Housing and Regeneration is also responsible for: | | The Corporate Director, Housing and Regeneration is also responsible for: |
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| Section 57.20: Functions of the Corporate Director, Communities | | Section 57.8: Functions of the Corporate Director, Communities |
| | | The Communities portfolio currently includes responsibility for discharging all the Council’s duties, powers and functions in the following areas:- |
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| The Communities portfolio currently includes responsibility for discharging all the Council’s duties, powers and functions in the following areas:- | | |
| Public Realm; Culture and Community Safety | | Public Realm; Culture and Community Safety |
| These functions can be varied at any time by the Chief Executive, who may also allocate to the role additional functions and responsibilities. | | These functions can be varied at any time by the Chief Executive, who may also allocate to the role additional functions and responsibilities. |
| The Corporate Director, Communities is also responsible for: | | ( The Corporate Director, Communities is also responsible for: |
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| Statutory and Proper Officers | | Statutory and Proper Officers |
| n | | n | The Council is required to appoint a number of officers to undertake specific duties by statute. These are known as ‘Statutory Officers’. In addition, the Council has a number of important duties which it designates to certain officers. These are called ‘proper officer’ roles. |
| | | The Council has designated the Statutory and Proper Officers set out below. |
| | | In the event of any Statutory of Proper Officers mentioned below being for any reason unable to act or of any of their posts being vacant, the Chief Executive or in their absence, the Monitoring Officer, and in the absence of both, the Chief Finance Officer, shall nominate an Officer to act in their stead. |
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| The Council is required to appoint a number of officers to undertake specific duties by statute. These are known as ‘Statutory Officers’. In addition, the Council has a number of important duties which it designates to certain officers. These are called ‘proper officer’ roles. | | |
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| The Council has designated the following statutory officer positions. | | |
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| In the event of any Statutory of Proper Officers mentioned below being for any reason unable to act or of any of their posts being vacant, the Chief Executive or in their absence, the Monitoring Officer, and in the absence of both, the Chief Finance Officer, shall nominate an Officer to act in their stead. | | |
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| Section 58.1: Statutory Officers | | Section 58.1: Statutory Officers |
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| Section 58.2: Proper Officers | | Section 58.2: Proper Officers |
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| Officer Employment Procedure Rules | | Officer Employment Procedure Rules |
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| Section 59.1: CONTENTS | | |
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| Section 59.2: GENERAL | | Section 59.1: GENERAL |
| | | Subject to Rule 1.2 and Rule 10 below, the function of appointment and dismissal of, and taking disciplinary action against, a Member of staff of the authority must be discharged, on behalf of the authority by the Head of the Paid Service or by an officer nominated by her/him. |
| | | Rule 1.1 shall not apply to the appointment or dismissal of, or disciplinary action against: |
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| Subject to Rule 1.2 and Rule 10 below, the function of appointment and dismissal of, and taking disciplinary action against, a Member of staff of the authority must be discharged, on behalf of the authority by the Head of the Paid Service or by an officer nominated by her/him. | | |
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| Rule 1.1 shall not apply to the appointment or dismissal of, or disciplinary action against: | | |
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| Section 59.3: RECRUITMENT AND APPOINTMENT | | Section 59.2: RECRUITMENT AND APPOINTMENT |
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| Section 59.4: RECRUITMENT OF HEAD OF PAID SERVICE AND CHIEF OFFICERS | | Section 59.3: RECRUITMENT OF HEAD OF PAID SERVICE AND CHIEF OFFICERS |
| | | Where the Council proposes to appoint a chief officer and it is not proposed that the appointment be made exclusively from among their existing officers, the Council will: |
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| Where the Council proposes to appoint a chief officer and it is not proposed that the appointment be made exclusively from among their existing officers, the Council will: | | |
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| Section 59.5: APPOINTMENT OF HEAD OF PAID SERVICE | | Section 59.4: APPOINTMENT OF HEAD OF PAID SERVICE |
| | | Where a Committee, Sub-Committee or officer is discharging, on behalf of the authority, the function of the appointment of an officer designated as the head of the authority’s paid service, the authority must approve that appointment before an offer of appointment is made to that person. |
| | | The full Council will approve the appointment of the Head of Paid Service following the recommendation of such an appointment by an Appointments Sub-Committee established in accordance with Rule 5.1 below. That Sub-Committee must include at least one Member of the Executive. |
| | | The full Council may only make or approve the appointment of the Head of Paid Service where no well-founded objection has been made by any Member of the Executive. |
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| Where a Committee, Sub-Committee or officer is discharging, on behalf of the authority, the function of the appointment of an officer designated as the head of the authority’s paid service, the authority must approve that appointment before an offer of appointment is made to that person. | | |
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| The full Council will approve the appointment of the Head of Paid Service following the recommendation of such an appointment by an Appointments Sub-Committee established in accordance with Rule 5.1 below. That Sub-Committee must include at least one Member of the Executive. | | |
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| The full Council may only make or approve the appointment of the Head of Paid Service where no well-founded objection has been made by any Member of the Executive. | | |
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| Section 59.6: APPOINTMENT OF CHIEF OFFICERS AND DEPUTY CHIEF OFFICERS | | Section 59.5: APPOINTMENT OF CHIEF OFFICERS AND DEPUTY CHIEF OFFICERS |
| | | The Chief Executive will establish Appointments Sub-Committees upon criteria approved by the Human Resources Committee comprising relevant Members to make appointment to Chief Officer and Deputy Chief Officer posts. Any Appointments Sub-Committee established in accordance with this rule must include at least one (1) Member of the Executive. |
| | | Engagement of Chief Officers, to permanent positions or interim positions of over six (6) months, will be through the normal recruitment process overseen by the Human Resources Committee. The Chief Executive may make appointments to interim positions of up to six (6) months. |
| | | Where an interim appointment, approved by the Chief Executive, extends beyond six months it must be approved at the next available Human Resources Committee and in any case not later than two months after the end of the extension. |
| | | An offer of employment as a chief officer or deputy chief officer shall only be made where no well-founded objection from any Member of the Executive has been received. Subject to Rule 5.6 below, in these Rules, chief officers are defined as: |
| | | Subject to Rule 5.6 below, in these Rules, deputy chief officers are defined as officers in departments who, by virtue of the nature of their duties, either report to or are directly accountable to the statutory or non-statutory chief officer responsible for that department. |
| | | Rules 5.4 and 5.5 do not apply to: |
| | | A permanent appointment to either the Chief Finance Officer of Monitoring Officer positions proposed by the Appointment Sub-Committee must be confirmed by a meeting of Council. |
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| The Chief Executive will establish Appointments Sub-Committees upon criteria approved by the Human Resources Committee comprising relevant Members to make appointment to Chief Officer and Deputy Chief Officer posts. Any Appointments Sub-Committee established in accordance with this rule must include at least one (1) Member of the Executive. | | |
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| Engagement of Chief Officers, to permanent positions or interim positions of over six (6) months, will be through the normal recruitment process overseen by the Human Resources Committee. The Chief Executive may make appointments to interim positions of up to six (6) months. | | |
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| Where an interim appointment, approved by the Chief Executive, extends beyond six months it must be approved at the next available Human Resources Committee and in any case not later than two months after the end of the extension. | | |
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| An offer of employment as a chief officer or deputy chief officer shall only be made where no well-founded objection from any Member of the Executive has been received. Subject to Rule 5.6 below, in these Rules, chief officers are defined as: | | |
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| Subject to Rule 5.6 below, in these Rules, deputy chief officers are defined as officers in departments who, by virtue of the nature of their duties, either report to or are directly accountable to the statutory or non-statutory chief officer responsible for that department. | | |
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| Rules 5.4 and 5.5 do not apply to: | | |
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| A permanent appointment to either the Chief Finance Officer of Monitoring Officer positions proposed by the Appointment Sub-Committee must be confirmed by a meeting of Council. | | |
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| Section 59.7: PROCEDURE FOR THE APPOINTMENT OF CHIEF OFFICERS AND DEPUTY CHIEF OFFICERS | | Section 59.6: PROCEDURE FOR THE APPOINTMENT OF CHIEF OFFICERS AND DEPUTY CHIEF OFFICERS |
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| n | | n | The Chief Executive, will set up an Appointments Sub Committee upon criteria approved by the Human Resources Committee comprising relevant Members to make appointments to chief officer and deputy chief officer posts. |
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| n | | n | The following process will apply after an Appointments Sub Committee has interviewed all shortlisted candidates: |
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| The Chief Executive, will set up an Appointments Sub Committee upon criteria approved by the Human Resources Committee comprising relevant Members to make appointments to chief officer and deputy chief officer posts. | | |
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| The following process will apply after an Appointments Sub Committee has interviewed all shortlisted candidates: | | |
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| Section 59.8: OTHER APPOINTMENTS | | Section 59.7: OTHER APPOINTMENTS |
| | | Officers below Deputy Chief Officer. Appointment of officers below deputy chief officer (other than any assistants to the political groups and any Mayor’s assistant as defined at (e) and (f) respectively of Rule 1.2 above) is the responsibility of the Head of Paid Service or her/his nominee, and may not be made by the Mayor or Councillors. |
| | | Assistants to Political Groups. Appointment of an assistant to a political group shall be made in accordance with the wishes of that political group. |
| | | Mayor’s Assistant. Appointment of a Mayor’s Assistant shall be made in accordance with the wishes of the Mayor. |
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| Officers below Deputy Chief Officer. Appointment of officers below deputy chief officer (other than any assistants to the political groups and any Mayor’s assistant as defined at (e) and (f) respectively of Rule 1.2 above) is the responsibility of the Head of Paid Service or her/his nominee, and may not be made by the Mayor or Councillors. | | |
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| Assistants to Political Groups. Appointment of an assistant to a political group shall be made in accordance with the wishes of that political group. | | |
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| Mayor’s Assistant. Appointment of a Mayor’s Assistant shall be made in accordance with the wishes of the Mayor. | | |
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| Section 59.9: DISCIPLINARY ACTION | | Section 59.8: DISCIPLINARY ACTION |
| | | In this Rule 8: |
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| n | | n | The Head of Paid Service, the Monitoring Officer or the Chief Finance Officer may be suspended whilst an investigation takes place into alleged misconduct. That suspension will be on full pay and may last no longer that two (2) months. |
| | | The Head of Paid Service, Monitoring Officer or Chief Finance Officer may not be dismissed for disciplinary or misconduct reasons unless the procedure set out in the following Rule 8.3 (a) to (e) is complied with: |
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| n | | n | Neither the Mayor nor any Member of the Council will be involved in disciplinary action against any officer below deputy chief officer except where set out in Paragraph 10. |
| | | A Disciplinary Policy and Procedure for the Head of Paid Service, the Monitoring Officer and the Chief Financial Officer shall from time to time be issued or updated. That document does not form part of the Council’s Constitution but should be read alongside these Officer Employment Procedure Rules. |
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| In this Rule 8: | | |
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| The Head of Paid Service, Monitoring Officer or Chief Finance Officer may not be dismissed for disciplinary or misconduct reasons unless the procedure set out in the following Rule 8.3 (a) to (e) is complied with: | | |
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| Neither the Mayor nor any Member of the Council will be involved in disciplinary action against any officer below deputy chief officer except where set out in Paragraph 10. | | |
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| A Disciplinary Policy and Procedure for the Head of Paid Service, the Monitoring Officer and the Chief Financial Officer shall from time to time be issued or updated. That document does not form part of the Council’s Constitution but should be read alongside these Officer Employment Procedure Rules. | | |
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| Section 59.10: DISMISSAL | | Section 59.9: DISMISSAL |
| | | Neither the Mayor nor any Member of the Council will be involved in the dismissal of any officer below deputy chief officer except where set out in Paragraph 10. |
| | | Where a committee, sub-committee or officer is discharging, on behalf of the authority, the function of the dismissal of an officer designated as the head of the authority’s paid service, as the authority’s Chief Finance Officer, or as the authority’s Monitoring Officer, the authority must approve that dismissal before notice is given to that person. |
| | | Where a committee or a sub-committee of the authority is discharging, on behalf of the authority, the function of the dismissal of any officer referred to at (a) to (d) of Rule 1.2 above, at least one member of the Executive must be a member of that committee or sub-committee. |
| | | Where the authority or a Committee, Sub-Committee or officer (“the dismissor”) proposes to dismiss: |
| | | notice of dismissal must not be given until the dismissor has notified the Head of the Paid Service (or where the officer to be dismissed is the Head of the Paid Service, the Monitoring Officer) of the name of the person whom the dismissor wishes to dismiss and any other particulars which the dismissor considers are relevant to the dismissal; and |
| | | If a valid objection is made by the Mayor to a dismissal proposed by a Committee or Sub Committee that body shall re-convene to consider the objection. If the Committee or Sub Committee is satisfied that the objection is not well founded they will confirm their decision. |
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| Neither the Mayor nor any Member of the Council will be involved in the dismissal of any officer below deputy chief officer except where set out in Paragraph 10. | | |
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| Where a committee, sub-committee or officer is discharging, on behalf of the authority, the function of the dismissal of an officer designated as the head of the authority’s paid service, as the authority’s Chief Finance Officer, or as the authority’s Monitoring Officer, the authority must approve that dismissal before notice is given to that person. | | |
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| Where a committee or a sub-committee of the authority is discharging, on behalf of the authority, the function of the dismissal of any officer referred to at (a) to (d) of Rule 1.2 above, at least one member of the Executive must be a member of that committee or sub-committee. | | |
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| Where the authority or a Committee, Sub-Committee or officer (“the dismissor”) proposes to dismiss: | | |
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| notice of dismissal must not be given until the dismissor has notified the Head of the Paid Service (or where the officer to be dismissed is the Head of the Paid Service, the Monitoring Officer) of the name of the person whom the dismissor wishes to dismiss and any other particulars which the dismissor considers are relevant to the dismissal; and | | |
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| Section 59.11: APPEALS | | Section 59.10: APPEALS |
| | | Nothing in Rule 1.1 above shall prevent a person from serving as a member of any committee or sub-committee established by the authority to consider an appeal by:- |
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| Nothing in Rule 1.1 above shall prevent a person from serving as a member of any committee or sub-committee established by the authority to consider an appeal by:- | | |
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| Supplementary Documents - Corporate Procedures and Decision Delegations | | Supplementary Documents - Corporate Procedures and Decision Delegations |
| n | | n | |
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| Introduction and List of Controls | | Introduction and List of Controls |
| n | | n | |
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| Section 60.1: Introduction | | Section 60.1: Introduction |
| n | | n | This document contains information which is supplementary to the Constitution |
| | | For example, Part E contains Terms of Reference for all the Council’s Committees. Where additional procedures are useful for a particular committee, they will be published here as supplementary information. |
| | | The officers / committees who are responsible for maintaining the different sections of this document are set out below. The Monitoring Officer also has a general ability to make factual or other minor changes as required. The General Purposes Committee is responsible for agreeing to add or remove whole sections following the request of the responsible officer / committee. |
| | | At the appropriate time the Monitoring Officer will report any changes made to the General Purposes Committee for information. |
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| This document contains information which is supplementary to the Constitution | | |
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| For example, Part E contains Terms of Reference for all the Council’s Committees. Where additional procedures are useful for a particular committee, they will be published here as supplementary information. | | |
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| The officers / committees who are responsible for maintaining the different sections of this document are set out below. The Monitoring Officer also has a general ability to make factual or other minor changes as required. The General Purposes Committee is responsible for agreeing to add or remove whole sections following the request of the responsible officer / committee. | | |
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| At the appropriate time the Monitoring Officer will report any changes made to the General Purposes Committee for information. | | |
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| Section 60.2: Individual Delegations | | Section 60.2: Individual Delegations |
| n | | n | The following table lists the agreed delegations to make changes to each Section within this document. |
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| The following table lists the agreed delegations to make changes to each Section within this document. | | |
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| Section | | |
| Title | | |
| Delegation | | |
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| S1 | | |
| Introduction and List of Delegations | | |
| General Purposes Committee | | |
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| Council Wide Decision-Making | | |
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| S2 | | |
| Council Functions | | |
| Monitoring Officer (following changes in law) | | |
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| S3 | | |
| Local Choice and Local Act Functions | | |
| Council | | |
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| S4 | | |
| Statutory and Proper Officer Appointments | | |
| Council | | |
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| S5 | | |
| Corporate Operating Procedures (delegations applicable to all Directorates) | | |
| Chief Executive | | |
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| S6 | | |
| Scheme of Financial Delegations (Council-Wide Financial Delegations) | | |
| Chief Finance Officer | | |
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| Directorate Schemes of Delegation | | |
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| Section | | |
| Title | | |
| Delegation | | |
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| S7 | | |
| Scheme of Delegation – Children’s Services | | |
| Corporate Director, Children’s Services | | |
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| S8 | | |
| Scheme of Delegation – Communities | | |
| Corporate Director, Communities | | |
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| S9 | | |
| Scheme of Delegation – Director of Legal | | |
| Director of Legal | | |
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| S10 | | |
| Scheme of Delegation – Health and Social Care | | |
| Corporate Director, Health and Social Care | | |
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| S11 | | |
| Scheme of Delegation – Housing and Regeneration | | |
| Corporate Director, Housing and Regeneration | | |
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| S12 | | |
| Scheme of Delegation – Resources | | |
| Corporate Director, Resources | | |
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| S13 | | |
| Executive, Committee and Partnership Procedure Rules | | |
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| Individual Mayoral Decision Procedures | | |
| Mayor | | |
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| Children and Education Scrutiny Sub-Committee Procedures | | |
| Statutory Scrutiny Officer | | |
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| Health and Adults Scrutiny SubCommittee Procedures | | |
| Statutory Scrutiny Officer | | |
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| Housing and Regeneration Scrutiny Sub-Committee Procedures | | |
| Statutory Scrutiny Officer | | |
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| Licensing Committee – Rules of Procedure governing applications for Premises Licences and other permissions under the licensing act 2003 | | |
| Licensing Committee | | |
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| Licensing Committee – Rules of Procedure Governing Applications for Sex Establishment Licences under Section 2 of and Schedule 3 to the Local Government (Miscellaneous Provisions) Act 1982 | | |
| Licensing Committee | | |
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| Pensions Committee procedures | | |
| Pensions Committee | | |
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| Pensions CIV Sectoral Committee | | |
| Chief Finance Officer | | |
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| Standards Advisory Committee Procedures | | |
| Standards Advisory Committee | | |
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| Strategic Development / Development Committees – Council Guidelines for Determining Planning Applications under the Town and County Planning Act 1990 | | |
| Strategic Development Committee | | |
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| Section | | |
| Title | | |
| Delegation | | |
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| Strategic Development / Development Committees – Development Procedure Rules | | |
| Strategic Development Committee | | |
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| S14 | | |
| Panel and Board Procedure Rules | | |
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| Adoption Panel | | |
| Monitoring Officer (following consultation with the appropriate Corporate Director) | | |
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| Fostering Panel | | |
| Monitoring Officer (following consultation with the appropriate Corporate Director) | | |
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| Children’s Safeguarding Board | | |
| Monitoring Officer (following consultation with the appropriate Corporate Director) | | |
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| Pensions Board | | |
| Monitoring Officer (following consultation with the appropriate Corporate Director) | | |
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| Private Fostering Panel | | |
| Monitoring Officer (following consultation with the appropriate Corporate Director) | | |
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| Safeguarding Adults Board | | |
| Monitoring Officer (following consultation with the appropriate Corporate Director) | | |
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| Schools Admissions Forum | | |
| Monitoring Officer (following consultation with the appropriate Corporate Director) | | |
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| S15 | | |
| Filming Protocol | | |
| General Purposes Committee | | |
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| S16 | | |
| Miscellaneous Documents | | |
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| Any documents added to Part D which do not fit in the above Sections will be added here. | | |
| Monitoring Officer | | |
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| Finance, Contracts and Legal Matters | | Finance, Contracts and Legal Matters |
| n | | n | The management of the Council’s financial affairs will be conducted in accordance with the Financial Procedure Rules set out in Chapter 63 . |
| | | Every contract made by the Council shall be in writing and will comply with the Contracts Procedure Rules set out in Section 64 of this part of the Constitution. |
| | | The Director of Legal is authorised to institute, defend, settle or participate in any legal proceedings in any case where such action is necessary to give effect to decisions of the Council or in any case where they consider such action is necessary to protect the Council’s interests. They may designate nominated officers to carry out this function on their behalf. |
| | | Where a document is necessary to any legal procedure or proceedings on behalf of the Council, it will be signed by the Director of Legal or any person authorised by them, unless any enactment requires otherwise, or the Council has given authority to another person to do so. |
| | | Contracts with a value exceeding £250,000 must either be signed by at least two officers of the authority. Subject to the provisions of Paragraph 7 below they may also be signed or under the common seal of the Council attested by at least one officer. |
| | | For the avoidance of doubt any document that is required to be signed, may be signed by any authorised person by any form of electronic signature. |
| | | The Common Seal of the Council will be kept in a safe place in the custody of the Director of Legal. A decision of the Council, or of any part of it, will be sufficient authority for sealing any document necessary to give effect to the decision. The Director of Legal generally requires all documents to be signed in accordance with the provisions of Paragraphs 4, 5 and 6 above, but can choose that in certain circumstances the Council’s Common Seal be affixed to some documents. The Common Seal will be affixed to those documents which in the opinion of the Director of Legal should be sealed. The affixing of the Common Seal will be attested by the Corporate Director, Governance or some other person authorised by them. The Seal may be applied electronically. |
| | | The Director of Legal may declare that any document required to be retained by the Council may be retained either jointly with a paper copy of such document, or in electronic format only. |
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| The management of the Council’s financial affairs will be conducted in accordance with the Financial Procedure Rules set out section xx of this part of the Constitution. | | |
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| Every contract made by the Council shall be in writing and will comply with the Contracts Procedure Rules set out in Section xx of this part of the Constitution. | | |
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| The Director of Legal is authorised to institute, defend, settle or participate in any legal proceedings in any case where such action is necessary to give effect to decisions of the Council or in any case where they consider such action is necessary to protect the Council’s interests. They may designate nominated officers to carry out this function on their behalf. | | |
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| Where a document is necessary to any legal procedure or proceedings on behalf of the Council, it will be signed by the Director of Legal or any person authorised by them, unless any enactment requires otherwise, or the Council has given requisite authority to some other person. | | |
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| Contracts with a value exceeding £250,000 must either be signed by at least two officers of the authority. Subject to the provisions of Paragraph 7 below they may also be signed or under the common seal of the Council attested by at least one officer. | | |
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| For the avoidance of doubt any document that is required to be signed, may be signed by any authorised person by any form of electronic signature. | | |
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| The Common Seal of the Council will be kept in a safe place in the custody of the Director of Legal. A decision of the Council, or of any part of it, will be sufficient authority for sealing any document necessary to give effect to the decision. The Director of Legal generally requires all documents to be signed in accordance with the provisions of Paragraphs 4, 5 and 6 above, but has the discretion to require in certain circumstances that the Council’s Common Seal will be affixed to some documents. The Common Seal will be affixed to those documents which in the opinion of the Director of Legal should be sealed. The affixing of the Common Seal will be attested by the Corporate Director, Governance or some other person authorised by them. The Seal may be applied electronically. | | |
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| The Director of Legal may declare that any document required to be retained by the Council may be retained either jointly with a paper copy of such document, or in electronic format only. | | |
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| Corporate Scheme of Delegation - The Chief Executive, Monitoring Officer, Section 151 and Chief Officers | | Corporate Scheme of Delegation - The Chief Executive, Monitoring Officer, Section 151 and Chief Officers |
| n | | n | The Council may appoint such officers as it considers appropriate for the discharge of its functions. Currently the Council has appointed as its Corporate Management Team the following officers:- |
| | | The Mayor or Council as appropriate delegates to the Chief Executive and Corporate Directors authority to make decisions relating to any: |
| | | The Chief Executive and the Corporate Directors may exercise any functions of the Council or the Executive which have been delegated to any other officer and may delegate decisions or functions to one or more officers in any of the Council's Directorates, except when prohibited to do so by this Constitution or by law. |
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| n | | n | Until the Council decides otherwise the Chief Executive is appointed the Proper Officer for the purpose of all statutory provisions, whether existing or future, in respect of which no express Proper Officer appointment has, for the time being, been made |
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| n | | n | As well as this Chapter of the Constitution, further information on the Council's Schemes of Delegation are set out: |
| | | Corporate Directors may delegate decisions or functions for which they are responsible to one or more officers within their directorate provided that they maintain a Directorate Officer Scheme of Delegation which is notified to the Monitoring Officer. |
| | | The Corporate and Officer Schemes of Delegation are made under Section 101 of the Local Government Act 1972 and all other powers enabling such delegation. They delegate all the powers and duties necessary for the discharge of the Council’s functions and not specifically reserved to the Mayor or the Mayor in Cabinet, the Council or a Committee or Sub-Committee of Council to the Officers. The delegations include: |
| | | The Corporate and Officer Schemes of Delegations do not delegate: |
| | | Delegated powers must always be exercised in accordance with: |
| The Council may appoint such officers as it considers appropriate for the discharge of its functions. Currently the Council has appointed as its Corporate Management Team the following officers:- | | Officers exercising delegated powers should also have regard to: |
| | | Delegated powers must be exercised within the revenue and capital budgets for the relevant service as approved by Council, subject to any variation thereof permitted by the Council’s Financial and Contract Procedure Rules, and, if appropriate, in accordance with the provisions of Part C, Chapter 11 (How Decisions are Made) in this Constitution. |
| | | Officers do not take “key decisions” as defined in Chapter 11 of this Constitution, however any officer decision which results in the local authority incurring expenditure which is, or the making of savings which are, below the threshold for a key decision (currently £1 million for most decisions) but are above £250,000 must be published on the Council’s website ‘as soon as practicable’ (and following any guidance from the Monitoring Officer) after the decision has been taken. |
| | | In exercising any delegated function, the following principles apply: |
| | | The Corporate and Directorate Schemes of Delegations will be superseded in any case where a Council or Mayoral decision expressly delegates any of the powers in this Scheme to a specific officer or officers whether for a single event, decision or transaction or permanently. |
| | | Where it is considered that in exercising a delegated power or duty a departure in policy, procedure or a significant change in financial practice is likely to be involved, the decision maker shall consult with the Director of Legal / Monitoring Officer and/or the Chief Finance Officer as appropriate, who shall, if necessary, refer the matter to the Mayor, the Mayor in Cabinet or the appropriate Council Committee/Sub-Committee. |
| | | Where any function is delegated to an officer, that officer may choose not to exercise that function and may instead refer a matter to Council, the Mayor, the Mayor in Cabinet or relevant Council Committee as appropriate with the agreement of the appropriate Corporate Director. The criteria that officers may have to consider when determining whether to exercise a function could include- |
| The Mayor or Council as appropriate delegates to the Chief Executive and Corporate Directors authority to make decisions relating to any: | | If at any time, the Authority acquires a new duty, power or function, in the absence of any Member decision with regard to delegation, the Chief Executive and the Corporate Director with responsibility for the relevant service shall be deemed to have full delegated authority to discharge the duty, power or function on the authority’s behalf unless it is expressly reserved to the Council, a Council Committee or Sub-Committee or the Mayor/Mayor in Cabinet either by law or in this Constitution. |
| | | Any function or power which may be discharged by a Corporate Director, may also be discharged by any person(s) formally “acting-up” into that post or an “interim” post holders or who is deputising (whether on a full, part time or on an ad hoc basis) for that post or occupies a successor post following any reorganisation, restructure or similar process. |
| | | The Mayor, Mayor in Cabinet, a Cabinet Sub-Committee or a Council Committee/Sub-Committee may reserve to themselves decisions delegated to officers, by giving notice to the officer holding the delegated power or to the Chief Executive of their intention to do so. |
| | | References in the Corporate and/or Officer Schemes of Delegations to any statute, statutory instrument, regulation, rule, circular, agency or other agreement or any such matter in respect of which a power or duty is delegated shall be deemed to include any modification or re-enactment of the same as may be made from time to time. |
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| The Chief Executive and the Corporate Directors may exercise any functions of the Council or the Executive which have been delegated to any other officer and may delegate decisions or functions to one or more officers in any of the Council's Directorates, except when prohibited to do so by this Constitution or by law. | | |
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| Until the Council decides otherwise the Chief Executive is appointed the Proper Officer for the purpose of all statutory provisions, whether existing or future, in respect of which no express Proper Officer appointment has, for the time being, been made | | |
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| The Council’s Scheme of Delegation to Officers is contained in Part I Section xx, and within Section xx of this Supplementary Documents Pack. | | |
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| Corporate Directors may delegate decisions or functions for which they are responsible to one or more officers within their directorate provided that they maintain a Directorate Officer Scheme of Delegation which is notified to the Monitoring Officer. | | |
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| The Corporate and Officer Schemes of Delegation are made under Section 101 of the Local Government Act 1972 and all other powers enabling such delegation. They delegate all the powers and duties necessary for the discharge of the Council’s functions and not specifically reserved to the Mayor or the Mayor in Cabinet, the Council or a Committee or Sub-Committee of Council to the Officers. The delegations include: | | |
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| The Corporate and Officer Schemes of Delegations do not delegate: | | |
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| Delegated powers must always be exercised in accordance with: | | |
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| Officers exercising delegated powers should also have regard to: | | |
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| Delegated powers must be exercised within the revenue and capital budgets for the relevant service as approved by Council, subject to any variation thereof permitted by the Council’s Financial and Contract Procedure Rules, and, if appropriate, in accordance with the provisions of Part C Section xx (How Decisions are Made) in this Constitution. | | |
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| Officers do not take “key decisions” as defined in Section 3 of this Constitution, however any officer decision which results in the local authority incurring expenditure which is, or the making of savings which are, below the threshold for a key decision (currently £1 million for most decisions) but are above £250,000 must be published on the Council’s website ‘as soon as practicable’ (and following any guidance from the Monitoring Officer) after the decision has been taken. | | |
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| In exercising any delegated function, the following principles apply: | | |
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| Financial regulations and procedure rules | | Financial regulations and procedure rules |
| n | | n | CONTENTS |
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| CONTENTS | | |
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| Section 63.1: Introduction | | Section 63.1: Introduction |
| n | | n | The purpose of these Financial Regulations (Regulations) is to provide the governance framework for managing the Council’s financial affairs. |
| | | To conduct its activities efficiently, a local authority needs to ensure it has sound financial management policies in place and which are strictly adhered to. Part of this process is to establish Financial Regulations that set out the financial policies of the authority. The Financial Regulations are underpinned by detailed financial procedures. |
| | | Financial Regulations provide clarity about the financial responsibilities of individuals within the organisation. All individuals engaged on Council activities are responsible for ensuring that their actions comply with the objectives specified in the financial and procurement procedures. |
| | | In compiling these regulations and procedures the objective has been: |
| | | To do this, the regulations set out the Council’s requirements in respect of: |
| | | The procedures have been developed by the council’s Finance Department and have been the subject of extensive consultation. However, it is impossible for the procedures to cover every eventuality and an element of interpretation may be necessary. If further advice is required, please contact your Directorate Finance Business Partner. The business partnering model and the term Finance Business partner (FBP) describes a broad range of skills exhibited by individuals at different levels depending on customer requirements; in Tower Hamlets these people may be described variously as Strategic Heads of Finance, Finance Managers, Senior Accountants etc. |
| | | The Chief Finance Officer is responsible for the administration of the Council’s financial affairs. As part of their duties, they will, when they consider it appropriate, issue Financial Regulations/ Procedures which are the rules governing the management of the Council’s financial resources. S/he will ensure that the Regulations/ Procedures and any updated or amended versions are made available to all chief officers, the Mayor and Members of the Council. These Regulations/ Procedures and any updated or amended versions will then be placed in Appendix A of these Rules. |
| | | It is the responsibility of all Chief Officers to comply personally with Financial Regulations/ Procedures and to ensure that all officers within their Directorate with financial responsibilities also comply with them. Failure to comply with Financial Regulations/ Procedures is likely to constitute a disciplinary offence and be investigated under the appropriate disciplinary procedure. |
| The purpose of these Financial Regulations (Regulations) is to provide the governance framework for managing the Council’s financial affairs. | | Local government finance in the UK is governed by primary legislation, regulation and professional standards set by CIPFA. As a matter of principal, the Council will conduct its financial affairs in accordance with accepted standard practice embodied by CIPFA’s Code of Practice framework. This includes: |
| | | To date, the general financial management of a local authority, has not been supported by a professional code. CIPFA is now proposing that a Financial Management Code (CIPFA FM Code) should be designed and developed to support good practice in financial management and to assist local authorities in demonstrating their financial sustainability. The CIPFA FM Code would therefore for the first time set standards of financial management for local authorities in the UK. The Council is committed to developing financial management arrangements that align to the proposed CIPFA FM Code. |
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| To conduct its activities efficiently, a local authority needs to ensure it has sound financial management policies in place and which are strictly adhered to. Part of this process is to establish Financial Regulations that set out the financial policies of the authority. The Financial Regulations are underpinned by detailed financial procedures. | | |
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| Financial Regulations provide clarity about the financial responsibilities of individuals within the organisation. All individuals engaged on Council activities are responsible for ensuring that their actions comply with the objectives specified in the financial and procurement procedures. | | |
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| In compiling these regulations and procedures the objective has been: | | |
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| To do this, the regulations set out the Council’s requirements in respect of: | | |
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| The procedures have been developed by the council’s Finance Department and have been the subject of extensive consultation. However, it is impossible for the procedures to cover every eventuality and an element of interpretation may be necessary. If further advice is required, please contact your Directorate Finance Business Partner. The business partnering model and the term Finance Business partner (FBP) describes a broad range of skills exhibited by individuals at different levels depending on customer requirements; in Tower Hamlets these people may be described variously as Strategic Heads of Finance, Finance Managers, Senior Accountants etc. | | |
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| The Chief Finance Officer is responsible for the administration of the Council’s financial affairs. As part of their duties, they will, when they consider it appropriate, issue Financial Regulations/ Procedures which are the rules governing the management of the Council’s financial resources. S/he will ensure that the Regulations/ Procedures and any updated or amended versions are made available to all chief officers, the Mayor and Members of the Council. These Regulations/ Procedures and any updated or amended versions will then be placed in Appendix A of these Rules. | | |
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| It is the responsibility of all Chief Officers to comply personally with Financial Regulations/ Procedures and to ensure that all officers within their Directorate with financial responsibilities also comply with them. Failure to comply with Financial Regulations/ Procedures is likely to constitute a disciplinary offence and be investigated under the appropriate disciplinary procedure. | | |
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| Compliance CIPFA Guidance for Local Government | | |
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| Local government finance in the UK is governed by primary legislation, regulation and professional standards set by CIPFA. As a matter of principal, the Council will conduct its financial affairs in accordance with accepted standard practice embodied by CIPFA’s Code of Practice framework. This includes: | | |
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| To date, the general financial management of a local authority, has not been supported by a professional code. CIPFA is now proposing that a Financial Management Code (CIPFA FM Code) should be designed and developed to support good practice in financial management and to assist local authorities in demonstrating their financial sustainability. The CIPFA FM Code would therefore for the first time set standards of financial management for local authorities in the UK. The Council is committed to developing financial management arrangements that align to the proposed CIPFA FM Code. | | |
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| Section 63.2: Financial Regulations | | Section 63.2: Financial Regulations |
| n | | n | |
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| Subsection 63.2.1: General | | Subsection 63.2.1: General |
| n | | n | |
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| Subsection 63.2.2: The Financial Control Framework | | Subsection 63.2.2: The Financial Control Framework |
| n | | n | |
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| Subsection 63.2.3: Financial Planning | | Subsection 63.2.3: Financial Planning |
| n | | n | |
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| Subsection 63.2.4: Financial Management | | Subsection 63.2.4: Financial Management |
| n | | n | |
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| Subsection 63.2.5: Risk Management and Control of Resources | | Subsection 63.2.5: Risk Management and Control of Resources |
| n | | n | |
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| Subsection 63.2.6: Financial Administration | | Subsection 63.2.6: Financial Administration |
| n | | n | |
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| Subsection 63.2.7: External Arrangements | | Subsection 63.2.7: External Arrangements |
| n | | n | |
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| Contract and Procurement Procedure Rules | | Contract and Procurement Procedure Rules |
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| Section 64.1: Procurement Procedures | | Section 64.1: Procurement Procedures |
| n | | n | Every contract or official order for works, goods or services made by the Council shall be for the purpose of achieving the Council's statutory or approved objectives and shall conform to all relevant EU Directives and United Kingdom legislation. |
| | | The Procurement Procedures shall govern the Council’s tendering and contract procedures. The Chief Finance Officer shall maintain and issue these Procedures. Any procurement activity shall proceed in accordance with the Procedures and any financial thresholds for procurement specified by the Procedures. These Procedures and any updated or amended versions will then be placed in Appendix A of these Rules. |
| | | The Chief Finance Officer shall make the latest version of the Procurement Procedures available to every Chief Officer, the Mayor and all Members of the Council and any other person engaged in procuring works, goods or services on behalf of the Council. Chief Officers or officers acting on their behalf shall apply the requirements of the Procedures when engaging in any procurement activity. |
| | | The purpose of procurement activity shall be to achieve best value for local people in accordance with the Council's statutory or approved objectives. Officers with responsibility for procurement shall ensure that they are able to demonstrate achievement of best value by having regard to a combination of economy, efficiency and effectiveness (otherwise known as the Council’s Best Value Duty). |
| | | Nothing in the Procurement Procedures shall be construed as removing or diminishing the responsibility of all involved to meet individual and collective accountabilities. Any failure by an officer to comply with the Procurement Procedures is likely to constitute a disciplinary offence and be investigated under the appropriate disciplinary procedure. |
| | | Chief Officers shall ensure that the Executive or an Executive Member is consulted on any procurement activity of a controversial nature. If however the decision is a ‘key’ decision that has not been delegated then a report must be submitted to Cabinet for determination having proper regard to the Access to Information Rules set out in Part B, Chapter 10 of the Constitution. |
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| Every contract or official order for works, goods or services made by the Council shall be for the purpose of achieving the Council's statutory or approved objectives and shall conform to all relevant EU Directives and United Kingdom legislation. | | |
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| The Procurement Procedures shall govern the Council’s tendering and contract procedures. The Chief Finance Officer shall maintain and issue these Procedures. Any procurement activity shall proceed in accordance with the Procedures and any financial thresholds for procurement specified by the Procedures. These Procedures and any updated or amended versions will then be placed in Appendix A of these Rules. | | |
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| The Chief Finance Officer shall make the latest version of the Procurement Procedures available to every Chief Officer, the Mayor and all Members of the Council and any other person engaged in procuring works, goods or services on behalf of the Council. Chief Officers or officers acting on their behalf shall apply the requirements of the Procedures when engaging in any procurement activity. | | |
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| The purpose of procurement activity shall be to achieve best value for local people in accordance with the Council's statutory or approved objectives. Officers with responsibility for procurement shall ensure that they are able to demonstrate achievement of best value by having regard to a combination of economy, efficiency and effectiveness (otherwise known as the Council’s Best Value Duty). | | |
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| Nothing in the Procurement Procedures shall be construed as removing or diminishing the responsibility of all involved to meet individual and collective accountabilities. Any failure by an officer to comply with the Procurement Procedures is likely to constitute a disciplinary offence and be investigated under the appropriate disciplinary procedure. | | |
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| Chief Officers shall ensure that the Executive or an Executive Member is consulted on any procurement activity of a controversial nature. If however the decision is a ‘key’ decision that has not been delegated then a report must be submitted to Cabinet for determination having proper regard to the Access to Information Rules at Part B Section xx of the Constitution. | | |
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| Subsection Contract Awards: | | Subsection Contract Awards: |
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| Subsection Contract Variations: | | Subsection Contract Variations: |
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| Subsection Direct Awards: | | Subsection Direct Awards: |
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| Section 64.2: APPENDIX A | | Section 64.2: APPENDIX A |
| n | | n | Table of Contents |
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| Table of Contents | | |
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| Subsection 1 – INTRODUCTION: | | Subsection 1 – INTRODUCTION: |
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| Subsection 2 - APPLICABLE TO ALL CONTRACTS: | | Subsection 2 - APPLICABLE TO ALL CONTRACTS: |
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| Corporate Operating Procedures | | Corporate Operating Procedures |
| n | | n | |
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| Section 65.1: Introduction | | Section 65.1: Introduction |
| n | | n | The Operating Procedures apply to the operation and management of all Council directorates. The procedures authorise relevant officers to exercise delegated functions of the Council as set out in these procedures and the Constitution. |
| | | The procedures enable the Chief Executive and Managers to carry out the functions of the Council as set out in this document. The procedures repeal and replace all previous schemes of delegation and apply in addition to the Council’s Corporate Scheme of Delegation and individual Directorate Schemes of Delegation. |
| | | All powers in these procedures may also be exercised by the Chief Executive, by the Deputy Chief Executive when the Chief Executive is unavailable for any reason, or any other officer designated by the Council as Acting/Interim Chief Executive on a temporary basis. |
| | | In relation to all delegated authority given to officers by these procedures, the Chief Executive may allocate or re-allocate responsibility for exercising particular powers to any officer of the Council in the interests of effective corporate management as they think fit. |
| | | Where there is doubt over the responsibility for the exercise of a delegated power under these procedures, the Chief Executive and the Monitoring Officer or any person nominated/appointed to act on their behalf, is allowed to act. |
| | | All further delegations conferred under these procedures must be recorded in writing. Any decision taken under such authority shall remain the officer’s responsibility, and must be taken in their name. |
| | | In exercising their delegated powers under these procedures the officers concerned shall have broad discretion, subject to complying with all relevant legislation, the Council’s constitution, including its contract and financial procedures and regulations, and overall Council policy, to use the most efficient effective and economic means available, including the deployment of staffing and other resources within their control and the procurement of other resources necessary, whether within or outside the Council. |
| | | For the avoidance of doubt anything which is not covered by these procedures or the Council’s constitution, including the appointment of a proper officer for the purpose of any statutory function, will (subject to any statutory prohibition) be determined by the Chief Executive in consultation with the Monitoring Officer. |
| The Operating Procedures apply to the operation and management of all Council directorates. The procedures authorise relevant officers to exercise delegated functions of the Council as set out in these procedures and the Constitution. | | |
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| The procedures enable the Chief Executive and Managers to carry out the functions of the Council as set out in this document. The procedures repeal and replace all previous schemes of delegation and apply in addition to the Council’s Corporate Scheme of Delegation and individual Directorate Schemes of Delegation. | | |
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| All powers in these procedures may also be exercised by the Chief Executive, by the Deputy Chief Executive when the Chief Executive is unavailable for any reason, or any other officer designated by the Council as Acting/Interim Chief Executive on a temporary basis. | | |
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| In relation to all delegated authority given to officers by these procedures, the Chief Executive may allocate or re-allocate responsibility for exercising particular powers to any officer of the Council in the interests of effective corporate management as they think fit. | | |
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| Where there is doubt over the responsibility for the exercise of a delegated power under these procedures, the Chief Executive and the Monitoring Officer or any person nominated/appointed to act on their behalf, is allowed to act. | | |
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| All further delegations conferred under these procedures must be recorded in writing. Any decision taken under such authority shall remain the officer’s responsibility, and must be taken in their name. | | |
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| In exercising their delegated powers under these procedures the officers concerned shall have broad discretion, subject to complying with all relevant legislation, the Council’s constitution, including its contract and financial procedures and regulations, and overall Council policy, to use the most efficient effective and economic means available, including the deployment of staffing and other resources within their control and the procurement of other resources necessary, whether within or outside the Council. | | |
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| For the avoidance of doubt anything which is not covered by these procedures or the Council’s constitution, including the appointment of a proper officer for the purpose of any statutory function, will (subject to any statutory prohibition) be determined by the Chief Executive in consultation with the Monitoring Officer. | | |
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| Section 65.2: Operating Procedures – General Principles | | Section 65.2: Operating Procedures – General Principles |
| n | | n | For the purposes of these procedures, a service manager is defined as a manager reporting to a Corporate Director who is not designated as a Director or a manager reporting to a Director, whilst a line manager is defined as a postholder who has line management responsibility for at least one employee. |
| | | All procedures referred to in this section are available to all staff on the Council’s intranet. Different levels of authorisation may apply to some procedures and if so the levels of authorisation are specified within the procedure. |
| | | The table below explains who has the authority to make the type of decision. |
| | | 1. Establishment |
| | | 2. Appointments |
| | | 3. Remuneration |
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| n | | n | 5. Attendance |
| | | 6. Leavers |
| | | A. Managing Budgets |
| | | B. Payroll |
| | | C. Income |
| | | D. Purchasing and Procurement |
| | | E. Authorisations |
| For the purposes of these procedures, a service manager is defined as a manager reporting to a Corporate Director who is not designated as a Director or a manager reporting to a Director, whilst a line manager is defined as a postholder who has line management responsibility for at least one employee. | | F. Complaints |
| | | G. Engaging Specialists |
| | | H. Legal Matters |
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| All procedures referred to in this section are available to all staff on the Council’s intranet. Different levels of authorisation may apply to some procedures and if so the levels of authorisation are specified within the procedure. | | |
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| The table below explains who has the authority to make the type of decision. | | |
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| 1. Establishment | | |
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| 2. Appointments | | |
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| 3. Remuneration | | |
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| 5. Attendance | | |
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| 6. Leavers | | |
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| A. Managing Budgets | | |
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| B. Payroll | | |
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| C. Income | | |
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| D. Purchasing and Procurement | | |
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| E. Authorisations | | |
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| F. Complaints | | |
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| G. Engaging Specialists | | |
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| H. Legal Matters | | |
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| Corporate Scheme of Financial Regulations | | Corporate Scheme of Financial Regulations |
| n | | n | |
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| Section 66.1: Introduction | | Section 66.1: Introduction |
| n | | n | The purpose of the Financial Regulations is to set out the Council’s financial policies and the framework for managing the Council’s financial affairs. The Regulations aim to ensure that the Council conducts is affairs in a way that complies with specific statutory provisions and best professional practice. All financial and accounting procedures and delegations must therefore be carried out in accordance with the Financial Regulations and all other relevant guidelines. |
| | | The purpose of the Scheme of Financial Delegation is to set out the powers, duties and responsibilities delegated to each role level. This schedule sets out the approved financial limits within which the Council’s business may be conducted. Changes to limits within this Scheme may only be made with the approval of the Corporate Director of Resources. |
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| The purpose of the Financial Regulations is to set out the Council’s financial policies and the framework for managing the Council’s financial affairs. The Regulations aim to ensure that the Council conducts is affairs in a way that complies with specific statutory provisions and best professional practice. All financial and accounting procedures and delegations must therefore be carried out in accordance with the Financial Regulations and all other relevant guidelines. | | |
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| The purpose of the Scheme of Financial Delegation is to set out the powers, duties and responsibilities delegated to each role level. This schedule sets out the approved financial limits within which the Council’s business may be conducted. Changes to limits within this Scheme may only be made with the approval of the Corporate Director of Resources. | | |
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| Section 66.2: Roles and Responsibilities | | Section 66.2: Roles and Responsibilities |
| n | | n | The Council operates a system of devolved financial management which, in practice, means certain responsibilities are devolved to services, as follows: |
| | | It is therefore important that there is clarity over roles and responsibilities within these areas of activity. |
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| The Council operates a system of devolved financial management which, in practice, means certain responsibilities are devolved to services, as follows: | | |
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| It is therefore important that there is clarity over roles and responsibilities within these areas of activity. | | |
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| Section 66.3: Budget Holders | | Section 66.3: Budget Holders |
| n | | n | The default Budget Holder is deemed to be the Corporate Director in the absence of another specific budget holder being formally identified and nominated by the service. Corporate Directors are required to maintain a definitive schedule of all current employees in the directorate with delegated financial powers, which must be reviewed and updated at least quarterly (this may be in the form of a download from the Agresso finance system). Delegated financial authority at all levels is limited to the specific cost centres allocated to each staff member and recorded on the Agresso finance system (and supporting feeder systems). |
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| The default Budget Holder is deemed to be the Corporate Director in the absence of another specific budget holder being formally identified and nominated by the service. Corporate Directors are required to maintain a definitive schedule of all current employees in the directorate with delegated financial powers, which must be reviewed and updated at least quarterly (this may be in the form of a download from the Agresso finance system). Delegated financial authority at all levels is limited to the specific cost centres allocated to each staff member and recorded on the Agresso finance system (and supporting feeder systems). | | |
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| Section 66.4: Approval Limits | | Section 66.4: Approval Limits |
| n | | n | In order to facilitate compliance with the Financial Regulations and Scheme of Financial Delegation, the Council has an authorised signatory process, primarily managed through the Agresso system workflows. All staff within posts deemed to have delegated financial authority are required to complete an authorised signatory form. This sets out the extent of the individual’s authority, requires them to confirm the cost centres they have authority against. By signing this form, managers are confirming that they will abide by the rules and regulations set out both within the Financial Regulations and the Scheme of Financial Delegation. The details are held within the Agresso Financial Ledger system and are used to notify the relevant authorised signatories that transactions need to be approved. |
| | | Each role has a limit to the amount they can authorise, with anything above £5m always requiring Chef Executive approval. The designated approval level for each establishment role is determined by Budget Holder (by default the service director or alternatively a senior manager with appropriate delegated authority in the management hierarchy). All designated approvals for Service Manager and Director are designated by the Budget Holder in partnership with the Finance Manager/Business Partner for the service. All individual employees with delegated financial powers are subject to the systems administration process for new starters, leavers and role changes. |
| | | The table below sets out the current approval limits that are recorded on the Agresso Financial Ledger system, alongside the role/grade definitions: |
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| In order to facilitate compliance with the Financial Regulations and Scheme of Financial Delegation, the Council has an authorised signatory process, primarily managed through the Agresso system workflows. All staff within posts deemed to have delegated financial authority are required to complete an authorised signatory form. This sets out the extent of the individual’s authority, requires them to confirm the cost centres they have authority against. By signing this form, managers are confirming that they will abide by the rules and regulations set out both within the Financial Regulations and the Scheme of Financial Delegation. The details are held within the Agresso Financial Ledger system and are used to notify the relevant authorised signatories that transactions need to be approved. | | |
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| Each role has a limit to the amount they can authorise, with anything above £5m always requiring Chef Executive approval. The designated approval level for each establishment role is determined by Budget Holder (by default the service director or alternatively a senior manager with appropriate delegated authority in the management hierarchy). All designated approvals for Service Manager and Director are designated by the Budget Holder in partnership with the Finance Manager/Business Partner for the service. All individual employees with delegated financial powers are subject to the systems administration process for new starters, leavers and role changes. | | |
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| The table below sets out the current approval limits that are recorded on the Agresso Financial Ledger system, alongside the role/grade definitions: | | |
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| Section 66.5: London Borough of Tower Hamlets – Scheme of Financial Delegation | | Section 66.5: London Borough of Tower Hamlets – Scheme of Financial Delegation |
| n | | n | The following table sets out the core financial delegated powers cross referenced to approval limits and role grades. Specific delegated powers are allocated at the discretion of the relevant Budget Holder (by default the Corporate Director) and must comply with this scheme of financial delegation. However, further sub-delegation of service specific financial activity may be included in the Directorate Delegations section of the Constitution (these must be consistent with the limits set below). |
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| The following table sets out the core financial delegated powers cross referenced to approval limits and role grades. Specific delegated powers are allocated at the discretion of the relevant Budget Holder (by default the Corporate Director) and must comply with this scheme of financial delegation. However, further sub-delegation of service specific financial activity may be included in the Directorate Delegations section of the Constitution (these must be consistent with the limits set below). | | |
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| Section 66.6: Appendix A - Other Financial Guidelines Documents | | Section 66.6: Appendix A - Other Financial Guidelines Documents |
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| Section 66.7: Appendix B - Glossary and Abbreviations | | Section 66.7: Appendix B - Glossary and Abbreviations |
| n | | n | |
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| Children's Services Directorate Scheme of Delegations | | Children's Services Directorate Scheme of Delegations |
| n | | n | |
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| Section 67.1: Introduction | | Section 67.1: Introduction |
| n | | n | The Council’s legal powers are granted by law either to the Mayor or full Council, allowing the authority to carry out its functions for the benefit of the residents, workers and businesses in the borough of Tower Hamlets. |
| | | The Mayor and full Council both have power to delegate the exercise of these duties to members and officers. These delegations are set out in the Constitution. In addition, each Corporate Director also has the power to further delegate powers to individual officers and these are set out for the Children’ Services Directorate in this scheme of delegation. |
| | | Note that - under the Local Government Act 2000, all of the Council’s functions, its legal powers and duties, are the responsibility of the Mayor and are known as “executive functions”, except where they are expressly specified under sch.1, sch.3 or sch.4 of the Local Authorities (Functions and Responsibilities) (England) Regulations 2000 to not be the responsibility or sole responsibility of an authority’s executive. |
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| The Council’s legal powers are granted by law either to the Mayor or full Council, allowing the authority to carry out its functions for the benefit of the residents, workers and businesses in the borough of Tower Hamlets. | | |
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| The Mayor and full Council both have power to delegate the exercise of these duties to members and officers. These delegations are set out in the Constitution. In addition, each Corporate Director also has the power to further delegate powers to individual officers and these are set out for the Children’ Services Directorate in this scheme of delegation. | | |
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| Note that - under the Local Government Act 2000, all of the Council’s functions, its legal powers and duties, are the responsibility of the Mayor and are known as “executive functions”, except where they are expressly specified under sch.1, sch.3 or sch.4 of the Local Authorities (Functions and Responsibilities) (England) Regulations 2000 to not be the responsibility or sole responsibility of an authority’s executive. | | |
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| Section 67.2: Schemes of Delegation | | Section 67.2: Schemes of Delegation |
| n | | n | Main Delegations List |
| | | Care Act 2014 (Note - Responsibilities shared with Health and Adults Social Care Directorate) |
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| Main Delegations List | | |
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| Care Act 2014 (Note - Responsibilities shared with Health and Adults Social Care Directorate) | | |
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| Award of Grants | | |
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| Planning Contributions | | |
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| Communities Directorate Scheme of Delegations | | Communities Directorate Scheme of Delegations |
| n | | n | |
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| Section 68.1: Introduction | | Section 68.1: Introduction |
| n | | n | The Council’s legal powers are granted by law either to the Mayor or full Council, allowing the authority to carry out its functions for the benefit of the residents, workers and businesses in the borough of Tower Hamlets. |
| | | The Mayor and full Council both have power to delegate the exercise of these duties to members and officers. These delegations are set out in the Constitution. In addition, each Corporate Director also has the power to further delegate powers to individual officers and these are set out for the Communities Directorate in this scheme of delegation. |
| | | Note that - under the Local Government Act 2000, all of the Council’s functions, its legal powers and duties, are the responsibility of the Mayor and are known as “executive functions”, except where they are expressly specified under sch.1, sch.3 or sch.4 of the Local Authorities (Functions and Responsibilities) (England) Regulations 2000 to not be the responsibility or sole responsibility of an authority’s executive. |
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| The Council’s legal powers are granted by law either to the Mayor or full Council, allowing the authority to carry out its functions for the benefit of the residents, workers and businesses in the borough of Tower Hamlets. | | |
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| The Mayor and full Council both have power to delegate the exercise of these duties to members and officers. These delegations are set out in the Constitution. In addition, each Corporate Director also has the power to further delegate powers to individual officers and these are set out for the Communities Directorate in this scheme of delegation. | | |
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| Note that - under the Local Government Act 2000, all of the Council’s functions, its legal powers and duties, are the responsibility of the Mayor and are known as “executive functions”, except where they are expressly specified under sch.1, sch.3 or sch.4 of the Local Authorities (Functions and Responsibilities) (England) Regulations 2000 to not be the responsibility or sole responsibility of an authority’s executive. | | |
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| Section 68.2: Schemes of Delegation | | Section 68.2: Schemes of Delegation |
| n | | n | Environmental Health - Housing |
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| Environmental Health - Housing | | |
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| Health and Adults Directorate Scheme of Delegation | | Health and Adults Directorate Scheme of Delegation |
| n | | n | |
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| Section 69.1: Introduction | | Section 69.1: Introduction |
| n | | n | The Council’s legal powers are granted by law either to the Mayor or full Council, allowing the authority to carry out its functions for the benefit of the residents, workers and businesses in the borough of Tower Hamlets. |
| | | The Mayor and full Council both have power to delegate the exercise of these duties to members and officers. These delegations are set out in the Constitution. In addition, each Corporate Director also has the power to further delegate powers to individual officers and these are set out for the Health and Adult Social Care Directorate in this scheme of delegation. |
| | | Note that - under the Local Government Act 2000, all of the Council’s functions, its legal powers and duties, are the responsibility of the Mayor and are known as “executive functions”, except where they are expressly specified under sch.1, sch.3 or sch.4 of the Local Authorities (Functions and Responsibilities) (England) Regulations 2000 to not be the responsibility or sole responsibility of an authority’s executive. |
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| The Council’s legal powers are granted by law either to the Mayor or full Council, allowing the authority to carry out its functions for the benefit of the residents, workers and businesses in the borough of Tower Hamlets. | | |
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| The Mayor and full Council both have power to delegate the exercise of these duties to members and officers. These delegations are set out in the Constitution. In addition, each Corporate Director also has the power to further delegate powers to individual officers and these are set out for the Health and Adult Social Care Directorate in this scheme of delegation. | | |
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| Note that - under the Local Government Act 2000, all of the Council’s functions, its legal powers and duties, are the responsibility of the Mayor and are known as “executive functions”, except where they are expressly specified under sch.1, sch.3 or sch.4 of the Local Authorities (Functions and Responsibilities) (England) Regulations 2000 to not be the responsibility or sole responsibility of an authority’s executive. | | |
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| Section 69.2: Schemes of Delegation | | Section 69.2: Schemes of Delegation |
| n | | n | Care and Support |
| | | Mental Health |
| | | Mental Capacity Act |
| | | Public Health |
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| Care and Support | | |
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| Mental Health | | |
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| Mental Capacity Act | | |
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| Public Health | | |
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| Housing and Regeneration Directorate Scheme of Delegation | | Housing and Regeneration Directorate Scheme of Delegation |
| n | | n | |
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| Section 70.1: Introduction | | Section 70.1: Introduction |
| n | | n | The Council’s legal powers are granted by law either to the Mayor or full Council, allowing the authority to carry out its functions for the benefit of the residents, workers and businesses in the borough of Tower Hamlets. |
| | | The Mayor and full Council both have power to delegate the exercise of these duties to members and officers. These delegations are set out in the Constitution. In addition, each Corporate Director also has the power to further delegate powers to individual officers and these are set out for the Housing and Regeneration Directorate in this scheme of delegation. |
| | | Note that - under the Local Government Act 2000, all of the Council’s functions, its legal powers and duties, are the responsibility of the Mayor and are known as “executive functions”, except where they are expressly specified under sch.1, sch.3 or sch.4 of the Local Authorities (Functions and Responsibilities) (England) Regulations 2000 to not be the responsibility or sole responsibility of an authority’s executive. |
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| The Council’s legal powers are granted by law either to the Mayor or full Council, allowing the authority to carry out its functions for the benefit of the residents, workers and businesses in the borough of Tower Hamlets. | | |
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| The Mayor and full Council both have power to delegate the exercise of these duties to members and officers. These delegations are set out in the Constitution. In addition, each Corporate Director also has the power to further delegate powers to individual officers and these are set out for the Housing and Regeneration Directorate in this scheme of delegation. | | |
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| Note that - under the Local Government Act 2000, all of the Council’s functions, its legal powers and duties, are the responsibility of the Mayor and are known as “executive functions”, except where they are expressly specified under sch.1, sch.3 or sch.4 of the Local Authorities (Functions and Responsibilities) (England) Regulations 2000 to not be the responsibility or sole responsibility of an authority’s executive. | | |
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| Section 70.2: Schemes of Delegation | | Section 70.2: Schemes of Delegation |
| n | | n | Planning |
| | | Community Infrastructure Levy Regulations |
| | | Asset Management and Estates |
| | | Housing |
| | | London Building Acts (Amendment) Act 1939 |
| | | Housing Options |
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| Planning | | |
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| Building Regulations | | |
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| Community Infrastructure Levy Regulations | | |
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| Asset Management and Estates | | |
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| Housing | | |
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| London Building Acts (Amendment) Act 1939 | | |
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| Housing Options | | |
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| Resources Directorate Scheme of Delegation | | Resources Directorate Scheme of Delegation |
| n | | n | |
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| Section 71.1: Introduction | | Section 71.1: Introduction |
| n | | n | The Council’s legal powers are granted by law either to the Mayor or full Council, allowing the authority to carry out its functions for the benefit of the residents, workers and businesses in the borough of Tower Hamlets. |
| | | The Mayor and full Council both have power to delegate the exercise of these duties to members and officers. These delegations are set out in the Constitution. In addition, each Corporate Director also has the power to further delegate powers to individual officers and these are set out for the Resources Directorate in this scheme of delegation. |
| | | Note that - under the Local Government Act 2000, all of the Council’s functions, its legal powers and duties, are the responsibility of the Mayor and are known as “executive functions”, except where they are expressly specified under sch.1, sch.3 or sch.4 of the Local Authorities (Functions and Responsibilities) (England) Regulations 2000 to not be the responsibility or sole responsibility of an authority’s executive. |
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| The Council’s legal powers are granted by law either to the Mayor or full Council, allowing the authority to carry out its functions for the benefit of the residents, workers and businesses in the borough of Tower Hamlets. | | |
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| The Mayor and full Council both have power to delegate the exercise of these duties to members and officers. These delegations are set out in the Constitution. In addition, each Corporate Director also has the power to further delegate powers to individual officers and these are set out for the Resources Directorate in this scheme of delegation. | | |
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| Note that - under the Local Government Act 2000, all of the Council’s functions, its legal powers and duties, are the responsibility of the Mayor and are known as “executive functions”, except where they are expressly specified under sch.1, sch.3 or sch.4 of the Local Authorities (Functions and Responsibilities) (England) Regulations 2000 to not be the responsibility or sole responsibility of an authority’s executive. | | |
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| Section 71.2: Schemes of Delegation | | Section 71.2: Schemes of Delegation |
| n | | n | Human Resources |
| | | Information and Communications Technology (ICT) |
| | | Revenues and Benefits |
| | | Risk Management |
| | | Trade Union Facilities |
| | | Registration |
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| Human Resources | | |
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| Information and Communications Technology (ICT) | | |
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| Revenues and Benefits | | |
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| Risk Management | | |
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| Trade Union Facilities | | |
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| Registration | | |
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| Director of Legal and Governance's Scheme of Delegation | | Director of Legal and Governance's Scheme of Delegation |
| n | | n | |
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| Section 72.1: Introduction | | Section 72.1: Introduction |
| n | | n | The Council’s legal powers are granted by law either to the Mayor or full Council, allowing the authority to carry out its functions for the benefit of the residents, workers and businesses in the borough of Tower Hamlets. |
| | | The Mayor and full Council both have power to delegate the exercise of these duties to members and officers. These delegations are set out in the Constitution. In addition, each Corporate Director also has the power to further delegate powers to individual officers and these are set out in the Constitution. The Director of Legal also has powers of delegation in relation to those duties set out below. |
| | | Note that - under the Local Government Act 2000, all of the Council’s functions, its legal powers and duties, are the responsibility of the Mayor and are known as “executive functions”, except where they are expressly specified under sch.1, sch.3 or sch.4 of the Local Authorities (Functions and Responsibilities) (England) Regulations 2000 to not be the responsibility or sole responsibility of an authority’s executive. |
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| The Council’s legal powers are granted by law either to the Mayor or full Council, allowing the authority to carry out its functions for the benefit of the residents, workers and businesses in the borough of Tower Hamlets. | | |
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| The Mayor and full Council both have power to delegate the exercise of these duties to members and officers. These delegations are set out in the Constitution. In addition, each Corporate Director also has the power to further delegate powers to individual officers and these are set out in the Constitution. The Director of Legal also has powers of delegation in relation to those duties set out below. | | |
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| Note that - under the Local Government Act 2000, all of the Council’s functions, its legal powers and duties, are the responsibility of the Mayor and are known as “executive functions”, except where they are expressly specified under sch.1, sch.3 or sch.4 of the Local Authorities (Functions and Responsibilities) (England) Regulations 2000 to not be the responsibility or sole responsibility of an authority’s executive. | | |
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| Section 72.2: Schemes of Delegation | | Section 72.2: Schemes of Delegation |
| t | | t | Ceremonial and name/status of areas and individuals |
| | | Councillors/Appointment of Committees etc |
| | | Meetings of Committees |
| | | General |
| | | Appointment of Independent and Co-Opted Members |
| | | Legal Proceedings |
| | | Consents |
| | | Authentication of Documents |
| Ceremonial and name/status of areas and individuals | | Common Seal of Council |
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| Councillors/Appointment of Committees etc | | |
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| Meetings of Committees | | |
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| General | | |
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| Appointment of Independent and Co-Opted Members | | |
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| Legal Proceedings | | |
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| Consents | | |
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| Authentication of Documents | | |
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| Common Seal of Council | | |
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