Tower Hamlets Constitution

Access to Information

The Council’s rules relating to access to meetings and documentation relating to meetings; including exempt and confidential information. The rules can be found in Part B Section 8 of this Constitution.

Ambassador (Cabinet role)

A councillor role the Mayor may choose to appoint, to give specific focus to cross cutting themes and mayoral priorities, communities or projects. Ambassador roles are not Executive positions. See Part B of this Constitution for more detail.

Annual Meeting

The meeting of the full Council at which the Speaker of the Council is elected. Other business related to the beginning of a new municipal year is also conducted.

Assurance

Leaders, managers and decision makers having confidence that the governance arrangements that they have approved are being implemented, operating as intended, and remain fit for purpose. See also Governance.

Auditor / External Auditor

An auditor is an officer appointed to conduct inspections (audits) into the Council's accounts and practices to assess whether it is following its own rules and meeting its own expectations. The Council must also engage external auditors who are independent of the Council to provide assessment of some financial matters, including how it accounts for its expenditure.

Authority / Local Authority

The Authority (or in some places, the Local Authority) means the London Borough of Tower Hamlets.

Basic allowance

Money that all elected Members are entitled to claim for performing their duties as an elected member. See also Members Allowances Scheme, Special Responsibility Allowance.

Best Value

Best Value means the requirement under the Local Government Act 1999 that the Council make arrangements to secure continuous improvement in the way in which its functions are exercised, having regard to a combination of economy, efficiency and effectiveness.

Budget

The budget is defined as: (i) The identification and allocation of financial resources for the following financial year(s) by the full Council including:- Revenue Budgets; Capital Budgets; The Council Tax Base; The Council Tax Level; Borrowing Requirements; Prudential Indicators; The Medium-Term Financial Strategy; and The Level of Uncommitted Reserves

Byelaw

Byelaws are local laws made by the Council requiring something to be done – or not done – in a specified area. They are accompanied by a sanction or penalty for their non-compliance.

By-election

An election for one (or more) Council seats that may be required in the event that a seat becomes vacant within the normal 4-yearly (full) election cycle.

Cabinet Committee/Sub Committee

Cabinet committee/sub-committee(s) are bodies set up by the Cabinet or by the Mayor and to which the Cabinet or the Mayor has allocated executive functions. Members of Cabinet committee/sub-committee(s) will be members of the Cabinet (Executive).

Cabinet

The Cabinet is the main decision-making body of the Council in particular it is responsible for implementing the Council’s Policy Framework and Budget. The Cabinet is made up of the Mayor and between two and nine other councillors chosen by the Mayor. The Cabinet will carry out all of the Authority’s functions which are delegated to it by the Mayor and that are not the responsibility of any other part of the Authority, whether by law or under the Constitution. See also Junior Cabinet Members and Cabinet Ambassadors.

Call-in

A process whereby non-executive Members can request to suspend an executive decision within seven days of it being taken (known as the ‘call-in period’). If the request is accepted by the Monitoring Officer, the Overview and Scrutiny Committee will then meet to consider the decision and may refer it back to the decision-maker for reconsideration.

Capital

Money that the Council spends either to purchase or build an asset, or to improve or upgrade an existing asset. Examples of assets are property, buildings and heavy machinery (e.g. refuse collection vehicles).

Chair

The person who presides over a meeting. The Speaker chairs the meetings of the full Council. Chairs of Council committees are appointed by full Council. The Mayor will usually chair meetings of the Cabinet and other meetings of the Executive.

Chief Executive

The most senior officer of the Council who is designated as the Head of the Paid Service as defined in Section 4 of the Local Government and Housing Act 1989. See also Head of Paid Service.

Chief Officers

The Chief Executive and Corporate Directors. There are Corporate Directors of Resources, Communities, Health and Adult Social Care, Children's Services, and Housing and Regeneration.

Clear Day

A working day, not including weekends or bank holidays. Access to Information legislation requires that agendas and reports are published “five clear days” in advance. This excludes both the day of the meeting and the day on which the meeting is called

Code of Conduct for Members

The document which has been adopted by LBTH setting out what is expected of Members and Co-Opted Members of the Authority in terms of their conduct and behaviour, as set out in Part H of Section xxx this Constitution.

Committee

A group of Members (perhaps including non- voting Co-Opted Members) appointed to discharge a specific function. The Authority has various types of committees. There are committees both of Council and of the Executive. The terms of reference of the Council committees and sub-committees are set out in Part E section xxx of this Constitution.

Confidential Information

Defined in section 100A(3) of the Local Government Act 1972 as information provided to the Council by a Government department upon terms (however expressed) which forbid the disclosure of the information to the public or, information the disclosure of which to the public is prohibited by or under any enactment or by the order of a court. The management of confidential information is explained in the Access to Information Procedure Rules set out in Part B section xxx of this Constitution. See also Exempt Information.

Constituent

An individual resident of a Ward.

Constitution

A document adopted by the full Council which sets out how the Council operates, how decisions are made and the procedures that are to be followed to ensure that these are efficient, transparent and accountable to local people.

Contract Procedure Rules(sometimes referred to as Contract Standing Orders

Are contained in the supplementary documents of this Constitution and set out the rules and procedures which govern procurement and entering into contracts by the Council.

Co-Opted Member

A Member of any committee or sub-committee of the Council/Executive and not a councillor or officer of the Council. Co-opted Members do not normally have voting rights on committees/sub-committees, unless the committee or sub-committee is advisory. One exception is the parent governor, church and muslim community representatives on the Children and Education Overview & Scrutiny Sub Committee who are voting members.

Corporate Plan

This provides a high level summary of the Council’s current priorities.

Council Functions

Those functions of the Authority which cannot be exercised by the Mayor or Executive. These functions may be undertaken by the full Council, a committee, a sub- committee, a joint committee of the Council, or an officer authorised by the full Council to carry out council functions.

Councillor

An individual democratically elected to serve on the Council. There are restrictions as to who can hold office as a councillor. Councillors are also often referred to as ‘Members’.

Delegated Power/Delegated Authority

Authority, delegated by the Mayor or the Council, to another decision-making body or individual decision maker to make decisions or discharge functions

Deputy

An individual identified to assume powers and responsibilities of another in the event that the original role-holder cannot act. Deputy members of committees and sub- committees are sometimes referred to as substitutes.

Deputy Mayor

A Member of the Cabinet appointed by the Mayor to act as his/her deputy. In specified circumstances, the Deputy Mayor may exercise any and all of the powers of the Mayor. Also referred to as Statutory Deputy Mayor.

Disclosable Interest / Disclosable Pecuniary Interest

The Council's rules require its Members and Co-Opted Members to take certain actions with regard to specifically identified types of interests. Some interests must be 'disclosed' by the person with that interest if they are present when matters are discussed that relate to it. A member with a disclosable pecuniary interest must also withdraw from the room and must not vote. See also Interest, Pecuniary Interest, Registrable Interest.

Dispensation

An exemption from a requirement or penalty that a person in authority may give to another individual. In the Council, the Chief Executive and Monitoring Officer can give dispensations to councillors for e.g. penalities for non-attendance or requirements to disclose interests. See also Interests, Disclosable Interests.

Electoral

Relating to elections.

Executive

The Executive is made up of the Mayor and between 2 and 9 other Councillors, one of whom is appointed as the Statutory Deputy Mayor. The Executive carry out all of the Authority’s functions which are not the responsibility of any other part of the Authority, whether by law or under the Constitution. The term ‘Executive’ may refer to the Executive meeting as a whole (see definition of the Cabinet), any committee/sub- committee of the Executive, or a single member of the Executive, or an officer to the extent that any of these is responsible for the exercise of a particular executive function.

Executive Arrangements

Defined in section 10 of the Local Government Act 2000 as arrangements by a local authority for and in connection with the creation and operation of an Executive of the authority; and under which certain functions of the Authority are the responsibility of the Executive.

Executive Committees

Committees set up by the Executive and to which the Executive has allocated executive functions under section 15 of the Local Government Act 2000. Members of Executive committees will be members of the Executive.

Executive Functions

Any functions of the Authority which are not the responsibility of any other part of the Authority, whether by law or, where the law provides a choice, under the Constitution. The division of functions between the Executive and the Council is set out in Part F section xxx of this Constitution.

Exempt Information

The Council may exclude access by the public to information if it falls within one or more of the 7 categories set out in Schedule 12A of the Local Government Act 1972 (as amended) and subject to the relevant qualifications set out in that schedule. This information would then be 'exempt from publication'. The management of exempt information is explained in the Access to Information Procedure Rules set out in Part B Section xxx of this Constitution.

Extraordinary Meeting

A meeting of the full Council, the Executive, any committee or sub-committee of the Council or the Executive or any Scrutiny body, which was not on the calendar of meetings agreed at the Annual Meeting but is called by those with authority to do so, to consider a particular item, or items, of business in accordance with Access to Information provisions. See also 'Ordinary Meeting'.

Financial Regulations and Procedure Rules

Are set out in the rules and procedures contained in supplementary documents, which govern financial management and control within the Council.

Forward Plan

A document published by the Council on behalf of the Mayor which contains information on significant decisions that the Council expects to take over the next few months. As a minimum this will include notice of all Key Decisions to be taken by the Mayor or Cabinet and Budget and Policy Framework Decisions. In addition, the Council aims to publish all other decisions to be taken by the Mayor and/or Cabinet. The Forward Plan is published on the Council's website 28 calendar days prior to each ordinary Cabinet meeting. Sometimes referred to as 'The Forthcoming Decisions Plan'.

Full Council

A meeting which all Councillors of the authority and Mayor are entitled to attend and vote.

Governance/ Corporate Governance

Governance is about how the Council ensures that it is doing the right things, in the right way, for the right people, in a timely, inclusive, open, honest and accountable manner. It comprises the systems and processes, and cultures and values, by which the Council is directed and controlled and through it accounts to, engages with and leads its communities.

Head of Paid Service

The officer appointed by the Authority in accordance with section 4 of the Local Government and Housing Act 1989 who has overall corporate management and operational responsibility within the Council. At LBTH the Head of the Paid Service is the officer appointed to the position of Chief Executive. See also Chief Executive.

Interests (declaration or register of)

Something an individual has or does outside the Council that could potentially influence the way they consider or determine a matter relating to Council business. Examples of interests could include a person's job, home, property (whether owned, let or rented), investments, family members and membership of clubs or associations. See also Disclosable Interest / Disclosable Pecuniary Interest, Pecuniary Interest, Registrable Interest.

Joint Committee/Joint Arrangements

A committee comprising Members of two or more local authorities created under section 102(1) of the Local Government Act 1972. (See Part E of this constitution).

Junior  Cabinet Member

A Councillor role the Mayor may choose to appoint, to provide support to specific Cabinet Members and their portfolios. Junior Cabinet Members are not Executive positions. See Part F section xxx of this Constitution for more detail.

Key Decision

An Executive decision which is likely to result in the Council incurring expenditure of or above £1million revenue spending or savings or £5million capital expenditure; or be significant in terms of its effects on communities living or working in an area comprising two or more LBTH wards. Further guidance on Key Decisions is included in Parts C and F of this Constitution. See also Revenue, Capital.

King George’s Field Charity

A registered charity controlled by the Council to administer the affairs of the King George’s Field, Mile End charity, and the King George’s Field – Stepney (Tredegar Square, Bow) charity and discharge all duties of the Council as sole trustee of these charities. The charity's management Board includes the Mayor and members of the Cabinet.

Mayor

The person directly elected by the voters of the Borough for a 4 year term and is responsible for all of the Council’s executive functions.

Member

A councillor generally or, in relation to a committee or sub-committee, a member of that committee or sub-committee. The Mayor will be treated as a Member of the Council unless the law or context requires otherwise.

Members’ Allowances Scheme

Contained in Part H section xxx of this Constitution and sets out the scheme under which the Mayor, Councillors, Independent Members and Co- Opted Members are entitled to receive allowances (payment) in respect of carrying out their duties and for fulfilling any responsibilities allocated to them. See also Basic Allowance, Special Responsibility Allowance.

Monitoring Officer

The officer appointed by the Authority in accordance with Section 5 of the Local Government and Housing Act 1989 to report to it on any proposal, decision or omission by the Authority, or its committees or sub-committees, or its officers, which has given, or may give rise, to a contravention of law or statutory code of practice. The Monitoring Officer is the ‘qualified person’ for the purposes of determining whether disclosure of particular information under the Freedom of Information Act 2000 would be likely to prejudice the effective conduct of public affairs and is the principal advisor to the Audit Committee and Standards Advisory Committee on ethical governance covering the behaviour of both Members and Officers. In LBTH the Monitoring Officer is the Director of Legal.

Officers

The Council's Staff

Ordinary meeting

A meeting of the full Council, the Executive, or any committee or sub-committee of the Council/Executive which has been included on the calendar of meetings agreed at the Annual Meeting. Ordinary meetings are for the transaction of the day-to-day business of that body. See also 'Extraordinary Meeting'.

Overview and ScrutinyCommittee

A committee established by Council to undertake overview and scrutiny functions as set out in section 21 of the Local Government Act 2000 and subsequent legislation. It consists of councillors who are not members of the Executive and reflects the political balance of the Council. The Committee holds the Executive to account through consideration of executive decisions. It is also able to undertake policy reviews of Council functions and anything else affecting the economic, social or environmental well-being of the Borough’s residents.

Parent Committee

A committee that has delegated some of its functions to one or more sub-committees can be said to be the parent committee of those sub committees.

Partnership Arrangement

An arrangement between LBTH Council and one or more other bodies or persons to achieve objectives of the Council and at least one of the other parties but which is not a contract for the provision by one party to another of a supply, service or works in exchange for a fee or other consideration.

Pecuniary Interest

An Interest of a financial nature. See also Disclosable Interest / Disclosable Pecuniary Interest, Interest, Registrable Interest

Policy Framework

A set of plans and strategies set down by legislation (for list see Part D section xxx). Approving or adopting the elements of the policy framework is a function reserved to the full Council.

Political Assistant

Not an ordinary officer of the Council but one appointed under section 9 of the Local Government and Housing Act 1989. Some rules apply differently in relation to these officers from how they apply to other Council officers.

Political Group

Two or more councillors who have formally informed the Monitoring Officer that they wish to be treated as a collective group for specified purposes as set out in Regulations. A councillor can be a member of one political group only. See also 'Ungrouped Member'.

Portfolio

The responsibilities or roles allocated to an individual Member or officer. A Cabinet (or executive) portfolio specifically refers to the responsibilities or roles allocated to a Cabinet member by the Mayor. The Mayor may also hold a portfolio area of responsibility. Cabinet portfolios are published on the Council's website.

Procedure Rules

Rules which the Council has adopted to regulate its business and proceedings. There are also separate procedure rules relating to various other matters including the appointment and dismissal of staff and the process leading up to and the making of contracts.

Proper Officer

Has a statutory definition in section 270(3) of the Local Government Act 1972 and means, in relation to any purpose, the officer appointed for that purpose by the Authority or for that area, as the case may be. A list of the Proper Officers can be found in Section I part xxx

Protocol

A document forming part of the Constitution that sets out a guide to the way certain individuals and groups interact with each other. They are not rules but they do give guidance on how things should operate. Part H section xxx of this Constitution contains the protocols applying to LBTH in respect of Members and officers.

Quasi-Judicial

A meeting which considers a matter which affects a person’s livelihood; which involves disciplinary action; or which affects property. Examples at LBTH include licensing application hearings, employee disciplinary panels or planning application hearings.

Quorum

The number of Members of the Council, of the Executive, or of a committee or sub-committee required to be present to allow a meeting to transact business validly. The quorum for each body is set out in the relevant Terms of Reference in Parts D, E and F of this Constitution.

Registerable Interest

The Council's rules require its Members and Co-opted Members to take certain actions with regard to specifically identified types of interests. Some interests must be 'registered' by the person holding that interest. Each Councillor and Co-opted Member has a Register of Interests that is published. See also Disclosable Interest / Disclosable Pecuniary Interest, Pecuniary Interest, Interest.

Regulatory Committee

Means any committee that discharges the Council's functions to determine applications for licences, certificates, registrations and similar consents, when acting in that capacity. See also ‘Quasi Judicial'.

Revenue

Money that the Council spends on its day-to-day running costs. Examples include wages and salaries, heat and light, and transport costs.

Section 151      Officer

The officer appointed in accordance with section 151 of the Local Government Act 1972 and who has responsibility for the administration of the financial affairs of the Authority. This position is also known as the Chief Financial Officer and in LBTH the position is held by the Corporate Director Resources.

Speaker/Speaker of the Council

A Councillor, not being a member of the Executive, elected by the Council at the Annual Meeting to the position. The Speaker presides over (chairs) full Council meetings. The Speaker is the first citizen of the London Borough of Tower Hamlets and, as such, will normally carry out the ceremonial duties of the Council. In addition to his or her roles and duties as a councillor, the Speaker will have the additional responsibilities set out in Part H Section xxx of this Constitution.

Special Responsibility Allowance

An allowance some Members are entitled to claim in addition to their Basic Allowance for performing certain roles such as Cabinet member, chair of a committee and leader of opposition. See also Members Allowances Scheme, Basic Allowance.

Statutory

Relating to laws (statutes) that are made by Parliament.

Sub-Committee

A group of Members (including where appropriate co-opted members) appointed by a committee or the Executive to take responsibility for one or more aspects of its functions or function.

Ungrouped (Member)

A Councillor not belonging to a political group. See also Political Group.

Vice-Chair

Will deputise for the chair of the body, including chairing the meeting in the chair’s absence. The Deputy Speaker is the Vice-Chair of full Council meetings and will carry out the functions of the Speaker in their absence.

Ward

A sub-division of the Borough. The London Borough of Tower Hamlets has 20 wards and the electors in each ward elect either 1, 2 or 3 Councillors to represent them on the Council.