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Chapter 14: Detailed Local Choice Functions and Local Act Functions
All Chief Officers
Chapter 16: Council Terms of Reference
5. 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.
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.
Chapter 17: Council Procedure Rules
(f) to receive reports and recommendations of Committees or officers and to make any decisions necessarily arising;
Regulations require that decision-making Members of the Council or Committee are physically present in the meeting location. Key officers must also attend in person.
Where technology is available other officers may attend remotely. Public/other participants are encouraged to attend in person but it is their choice and they can attend remotely should they so wish. However, technical problems are the responsibility of the participant and the meeting may have to proceed without their contribution if the connection fails.
Where a meeting suffers technical problems it is for the Chair, following consultation with officers, to determine where:
Chapter 19: Budget and Policy Framework Procedure Rules
Once a budget or a policy framework document has been agreed, it is the responsibility of the Mayor, the Executive and officers to implement it.
Subject to the provisions of Section 19.6 (Virement) the Mayor, Executive, Committees of the Executive and any officers or joint arrangements may only take decisions which are in line with the budget and policy framework. If any of these bodies or persons wishes to make a decision which is contrary to the policy framework, or contrary to or not wholly in accordance with the budget approved by Council, then that decision may only be taken by Council, subject to paragraph 5 below.
If the Mayor, Executive, a Committee of the Executive, any officer or joint arrangements want to make such a decision, they shall take advice from the Monitoring Officer and/or the Chief Finance Officer as to whether the decision they want to make would be contrary to the policy framework, or contrary to or not wholly in accordance with the budget. If the advice of either of those officers is that the decision would not be in line with the existing budget and/or policy framework, then the decision must be referred by that body or person to Council for decision, unless the decision is a matter of urgency, in which case the provisions in Section 19.5 (Urgent Decisions Outside the Budget or Policy Framework) shall apply.