Tower Hamlets Constitution

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 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.

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)

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 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.]

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

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.

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 appoint a Councillor to the vacant post at his/her discretion and notify the Monitoring Officer as soon as a replacement is made.

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 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.

Proceedings of the Cabinet shall take place in accordance with the Executive Procedure Rules.

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.