The Mayor and Executive and the Executive Procedure Rules
Chapter 2: Responsibilities for Executive Functions
Section 2.1: General
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.
Section 2.2: Executive Functions – Local Choice – Local Act Functions
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.
Section 2.3: Executive Functions – Other Local Choice Functions
FUNCTION | PROVISION OF ACT OR STATUTORY INSTRUMENT | DELEGATION OF FUNCTION |
|---|---|---|
1. In relation to or in support of an Executive function only, the appointment of any individual (a) to any office other than an office in which he is employed by the authority; (b) to any body other than – the authority; a joint committee of two or more authorities; or (c) to any committee or sub-committee of such a body, and the revocation of any such appointment | As per paragraph 19 of Schedule 2 to the Local Authorities (Functions & Responsibilities) Regulations 2000 (SI 2000/ 2853) as amended | The Mayor, except that the Mayor may not appoint a Councillor to any paid position (including external bodies) other than that of Cabinet Member.NB:This function in relation to or in support of a Council function, or in relation to any appointment of a Councillor to a paid position other than that of Cabinet Member, is allocated to the Council |
Section 2.4: Other Executive Functions
FUNCTION | PROVISION OF ACT OR STATUTORY INSTRUMENT | DELEGATION OF FUNCTION |
|---|---|---|
1) Representing the Borough in Civil Protection and Emergency Planning matters under the Act. | Civil Contingencies Act 2004 | Chief Executive or such persons as they delegate in their absence |
Section 2.5: Responsibility for Executive Functions
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.
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.
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.