Tower Hamlets Council Constitution

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Tower Hamlets Council Constitution

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Chapter

Non-key decisions taken by officers are not subject to call in.
Nothing in these rules relating to the taking of a decision by individual officers shall require them to disclose confidential or exempt information or the advice of a political adviser or assistant.
Rule 23 must be read in conjunction with the Recording of Officers’ decisions at [currently Part C section 7 of this Constitution].
All decisions of the Council will be made in accordance with the following principles: proportionality (i.e. the action must be proportionate to the desired outcome); due consultation and the taking of professional advice from officers; respect for human rights; a presumption in favour of openness; clarity of aims and desired outcomes; take account of all relevant matters; discount irrelevant matters; and explaining what options were considered and giving the reasons for the decision.
The Mayor is responsible for Executive decision-making and is therefore responsible for most day to day decisions. The Mayor can take these decisions at Cabinet, in a Cabinet Sub-Committee or the decisions can be delegated to officers.
A “key decision” is an executive decision which is likely to: result in the local authority incurring expenditure or the making of savings of: Savings - Where the proposal is expected to result in savings of above £1 Million Revenue expenditure - Where the proposal involves revenue expenditure of above £1 Million Capital expenditure - Where the proposal involves capital expenditure of above £5 Million be significant in terms of its effects on communities living or working in an area comprising two or more wards or electoral divisions. • In considering whether a decision is likely to have a significant impact, the decision maker is to consider the strategic nature of the decision and whether the outcome will have a significant material impact, for better or worse, on the local amenity or wellbeing (including social and environmental impact) of the community or the quality of service provided to a significant number of people living or working in the locality affected. • When officers consider the impact on the Community they will, for example, consider the effect on specific groups within that Ward (defined by other characteristics such as ‘age’, ‘culture’ etc) where those groups make up a significant proportion of that Ward’s population. • In determining the meaning of “significant” for the purposes of these paragraphs, regard must be had to any guidance for the time being issued by the Secretary of State in accordance with section 9Q of the Local Government Act 2000.
These documents set out where Officers have delegated powers to take Executive Decisions. However, the following must always be followed in respect of officer decisions:
Officers may not take Key Decisions unless there has been a specific delegation by the Executive.
Section 12 of this part of the constitution sets out the Council’s Non-Executive Functions and any delegations to officers for those functions. Where decisions have been delegated to officers the following must be followed:
Most Council business is classified as ‘Executive’. Non-Executive functions derive from specific legislation and cannot be the responsibility of the Executive. The Council is required to set out where there are delegations of Council functions to Committees and officers. Where the delegation is to be exercised by a Committee/Officer, the matters reserved to the Committee are specified in the relevant Committee’s functions and terms of reference set out in Part E of this constitution.