Tower Hamlets Council Constitution

Tower Hamlets Constitution

Tower Hamlets Council Constitution

Version 0.10.162.0 • Last updated 2999-01-01 • Other versionsDownload PDF
Part F

The Mayor and Executive and the Executive Procedure Rules

Chapter 1: The Role of the Mayor and the Executive

Section 1.1: The Role of the Executive

188.

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.

189.

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.

190.

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)

Section 29 (Executive Procedure Rules)

Section 1.2: Who may make Executive Decisions?

191.

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.

192.

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.]

Section 1.3: Form and Composition

193.

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

Section 1.4: The Mayor

194.

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.

Section 1.5: The Statutory Deputy Mayor

195.

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.

Section 1.6: Other Executive Members