Council
Chapter 16: Council Terms of Reference
Section 16.1: Summary description
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.
Section 16.2: Membership
All elected Members of the Authority and the Executive Mayor.
Section 16.3: Functions
Functions | Delegation of Functions |
|---|---|
1. Electing the speaker and Deputy Speaker | None |
1. Constitutional Functions (a) All functions set out in Part C of this Constitution (b) Adopting or amending the Council's Constitution | Changes to the Constitution delegated to General Purposes Committee; changes to reflect a decision of the Council or a change in legislation; or to correct a matter of fact delegated to the Monitoring Officer. |
2. Public Participation 3. To hold a debate on a matter which is the subject of a petition containing 2,000 or more valid signatures in accordance with the Council’s Petition Scheme. | Where requested by the Petitioners, can instead be presented at a relevant Committee/Sub-Committee on agreement of the Monitoring Officer. |
4.Budget and Policy Framework Determine matters reserved under the Council’s Budget and Policy Framework as set out Part D, Section XXX of the Constitution. 5. Subject to the urgency procedure contained in the Access to Information Procedure Rules in Part B Section xxx of this Constitution, making decisions about any matter in the discharge of an executive function which is covered by the policy framework or the budget where the decision-maker is minded to make it in a manner which would be contrary to the policy framework or contrary to or not wholly in accordance with the budget; | None |
6. Committee Functions(a) Making arrangements for the discharge of Council functions by a Committee or officer under section 101(5) of the Local Government Act 1972; and (b) Making appointments under section 102 (appointment of Committees) of the 1972 Act (c) Agreeing and/or amending terms of reference for Committees/Sub-Committees, deciding on their composition and making appointments to them, subject to any delegations to Committees and/or officers as set out in this Constitution. | Appointments to committees and amendments to Terms of Reference: (a) General Purposes Committee (b) Monitoring Officer |
7. Power to promote or oppose local or personal Bills (a) Pursuant to Section 239 of the Local Government Act 1972 | None |
8. Members' Allowance Scheme (a) Adopting an allowance scheme for the Mayor and Councillors or amending, revoking or replacing any such scheme | None |
9. Community Governance Reviews 10. the determination of matters relating to Community Governance Reviews as set out in the Local Government and Public Involvement in Health Act 2007, unless the matter has been delegated by the Council or this Constitution. | None |
11. Change the name of the area | None |
12.Conferring the title of honorary alderman or conferring the Freedom of the Borough | None |
13. Appointments 14. Confirming the appointment of the Head of Paid Service, Section 151 (Chief Finance Officer) and/or Monitoring Officer. | None |
15. By-Laws 16. Making, amending, revoking, re-enacting or adopting bylaws. | None |
17.Outside Bodies 18. Appointing representatives to those external bodies that do not fall to the Mayor to appoint to, unless the function has been delegated by Council or the Constitution | None |
19. Code of Conduct 20. Adoption and amendment of the authority’s Code of Conduct for Members | None |
21.Pay Policy Statement 22. Adopting the Council’s Pay Policy Statement as required by the Localism Act 2011, and agreeing any in-year changes to the Pay Policy Statement. | None |
23. Gambing Act 24.Adopting resolutions under Section 166 of the Gambling Act 2005. | None |
25.Accepting the delegation of power or function from another local authority | None |
26. Discharge of Functions Arranging for the discharge of any other function of the authority which is not an executive matter 27. Subject to any matters delegated to Committees/Sub-Committees or officers, determining all local choice functions as described in Part C of this Constitution which the Council decides should be undertaken by itself rather than the Executive. | None |
28.All other matters which, by law or this Constitution must be reserved to Council. | None |
Quorum: Twelve voting Members of Council