| The Mayor appoints a Deputy Mayor and (up to eight) additional Cabinet Members who form the Council’s Executive, they are responsible for most day to day decisions and most policies. The Mayor and other Executive Members meet together as the ‘Cabinet’. The Mayor is responsible for the Council’s main executive decision-making powers and the overall delivery of Council services. | | The Mayor appoints a Deputy Mayor and (up to eight) additional Cabinet Members who form the Council’s Executive, they are responsible for most day to day decisions and most policies. The Mayor and other Executive Members meet together as the ‘Cabinet’. The Mayor is responsible for the Council’s main executive decision-making powers and the overall delivery of Council services. |
| The Mayor may also establish other Executive decision-making bodies and currently the Council has: Note - The Health and Wellbeing Board can also take some Executive decisions. | | The Mayor may also establish other Executive decision-making bodies and currently the Council has: Note - The Health and Wellbeing Board can also take some Executive decisions. |
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| n | Part F (The Mayor and Executive and Executive Procedure Rules) contains out more detail on the Mayor and executive functions. | n | Part F (The Mayor and Executive and Executive Procedure Rules) contains out more detail on the Mayor and executive functions. |
| The Overview and Scrutiny Committee is established to review or scrutinise decisions of the Executive and conduct reviews into functions which are the responsibility of the Executive. Part G of the Constitution sets out a summary and details in relation to Overview and Scrutiny. | | The Overview and Scrutiny Committee is established to review or scrutinise decisions of the Executive and conduct reviews into functions which are the responsibility of the Executive. Part G of the Constitution sets out a summary and details in relation to Overview and Scrutiny. |
| Suspending, Interpreting and Amending the Constitution and Changes to Executive Arrangements | | Suspending, Interpreting and Amending the Constitution and Changes to Executive Arrangements |
| Section 3.1: Suspension of the Constitution | | Section 3.1: Suspension of the Constitution |
| | | |
| n | The Rules specified below may be suspended by bodies indicated to the extent permitted within those Rules and the law. | n | The Rules specified below may be suspended by bodies indicated to the extent permitted within those Rules and the law. |
| | | |
| n | A motion to suspend any Rules will not be moved without notice unless at least half (½) of the voting members of the meeting in question are present. The extent and duration of suspension will be proportionate to the result to be achieved, taking account of the purposes of the Constitution. | n | A motion to suspend any Rules will not be moved without notice unless at least half (½) of the voting members of the meeting in question are present. The extent and duration of suspension will be proportionate to the result to be achieved, taking account of the purposes of the Constitution. |
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| n | The following Rules may be suspended to the extent permitted by the rules unless this overrides any statutory requirements: | n | The following Rules may be suspended to the extent permitted by the rules unless this overrides any statutory requirements: |
| Section 3.2: Interpretation | | Section 3.2: Interpretation |
| n | The ruling of the Speaker of the Council as to the construction or application of this Constitution or as to any proceedings of the Council shall not be challenged at any meeting of the Council. Such interpretations will have regard to the purposes of this Constitution as contained in Chapter 1. | n | A decision of the Speaker of the Council as to the interpretation of this Constitution or any proceedings of the Council shall not be challenged at any meeting of the Council. The Speaker's interpretation will have regard to the purposes of this Constitution as contained in Chapter 1 . |
| Section 3.3: Publication | | Section 3.3: Publication |
| The Monitoring Officer will ensure (1) that the Constitution is published on the Council’s website and that copies are available for inspection at the Town Hall; and (2) can be purchased by members of the local press and the public on payment of a reasonable fee. | | The Monitoring Officer will ensure (1) that the Constitution is published on the Council’s website and that copies are available for inspection at the Town Hall; and (2) can be purchased by members of the local press and the public on payment of a reasonable fee. |
| The Monitoring Officer will ensure the Constitution is available to all Members and citizens and is updated as necessary. | | The Monitoring Officer will ensure the Constitution is available to all Members and citizens and is updated as necessary. |
| n | For the avoidance of doubt, where authority to make changes to any part of the constitution has been delegated to the Monitoring Officer, or any other officer and the change is not reported to the General Purposes Committee or Council, the change will be published direct to the website via the officer decision portal. | n | For the avoidance of doubt, where authority to make changes to any part of the constitution has been delegated to the Monitoring Officer, or any other officer and the change is not reported to the General Purposes Committee or Council, the change will be published direct to the officer decision portal on the Council's website. |
| Section 3.4: Reviews of the Constitution | | Section 3.4: Reviews of the Constitution |
| n | The Officer scheme of delegation sets out the Monitoring Officer’s responsibility for reviewing and maintaining an up to date Constitution as set out in the Functions of the Monitoring Officer in Part I Chapter XX. | n | The Officer scheme of delegation sets out the Monitoring Officer’s responsibility for reviewing and maintaining an up to date Constitution as set out in the Functions of the Monitoring Officer in Part I, Chapter 57 . |
| Section 3.5: Changes to the Constitution | | Section 3.5: Changes to the Constitution |
| n | The Monitoring Officer can approve all non-material changes to the Constitution including those that reflect decisions taken by the Council or changes in legislation or to correct matters of fact; | n | The Monitoring Officer can approve all non-material changes to the Constitution including those that reflect decisions taken by the Council or changes in legislation or to correct matters of fact. |
| The Monitoring Officer can recommend to Council or General Purposes Committee for approval any material changes to the Constitution with the exception of the Executive Scheme of Delegation ( Section 35 ) which will be amended by the Monitoring Officer should the Mayor amend his Executive Scheme of Delegation. | | The Monitoring Officer can recommend to Council or General Purposes Committee for approval any material changes to the Constitution with the exception of the Executive Scheme of Delegation ( Chapter 35 ) which will be amended by the Monitoring Officer should the Mayor amend his Executive Scheme of Delegation. |
| The introduction to the Supplementary Documents Pack sets out the delegated authority to amend each Section within that Pack. Unless indicated otherwise, the Monitoring Officer has delegated authority to amend those documents in consultation with the Chief Executive. | | The introduction to the Supplementary Documents Pack sets out the delegated authority to amend each Section within that Pack. Unless indicated otherwise, the Monitoring Officer has delegated authority to amend those documents in consultation with the Chief Executive. |
| All Sections of the Constitution remain in place unless explicitly revised or removed. | | All Sections of the Constitution remain in place unless explicitly revised or removed. |
| Section 3.6: Change of Executive Arrangements | | Section 3.6: Change of Executive Arrangements |
| The Council must take reasonable steps to consult with local electors and other interested persons in the area when drawing up proposals for a change to its executive arrangements. | | The Council must take reasonable steps to consult with local electors and other interested persons in the area when drawing up proposals for a change to its executive arrangements. |
| Glossary of Terms | | Glossary of Terms |
| n | Version 1.0 25 September 2025. | n | |
| N.B. This glossary is designed to assist in interpreting the Constitution but it does not replace or override statutory definitions and requirements or decision of the Monitoring Officer about the correct interpretation of the provisions of the Constitution. | | N.B. This glossary is designed to assist in interpreting the Constitution but it does not replace or override statutory definitions and requirements or decision of the Monitoring Officer about the correct interpretation of the provisions of the Constitution. |
| n | | n | Access to Information |
| | | Ambassador (Cabinet role) |
| | | Annual Meeting |
| | | Assurance |
| | | Auditor / External Auditor |
| | | Authority / Local Authority |
| | | Basic allowance |
| | | Best Value |
| | | Budget |
| | | Byelaw |
| | | By-election |
| | | Cabinet Committee/Sub Committee |
| | | Cabinet |
| | | Call-in |
| | | Capital |
| | | Chair |
| | | Chief Executive |
| | | Chief Financial Officer |
| | | Chief Officers |
| | | Clear Day |
| | | Code of Conduct for Members |
| | | Committee |
| | | Confidential Information |
| | | Constituent |
| | | Constitution |
| | | Contract Procedure Rules(sometimes referred to as Contract Standing Orders |
| | | Co-Opted Member |
| | | Corporate Plan |
| | | Council Functions |
| | | Councillor |
| | | Delegated Power/Delegated Authority |
| | | Deputy |
| | | Deputy Mayor |
| | | Disclosable Interest / Disclosable Pecuniary Interest |
| | | Dispensation |
| | | Electoral |
| | | Executive |
| | | Executive Arrangements |
| | | Executive Committees |
| | | Executive Functions |
| | | Exempt Information |
| | | Extraordinary Meeting |
| | | Financial Regulations and Procedure Rules |
| | | Forward Plan |
| | | Full Council |
| | | Governance/ Corporate Governance |
| | | Head of Paid Service |
| | | Interests (declaration or register of) |
| | | Joint Committee/Joint Arrangements |
| | | Junior Cabinet Member |
| | | Key Decision |
| | | King George’s Field Charity |
| | | Mayor |
| | | Member |
| | | Members’ Allowances Scheme |
| | | Monitoring Officer |
| | | Officers |
| | | Ordinary meeting |
| | | Overview and Scrutiny Committee |
| | | Parent Committee |
| | | Partnership Arrangement |
| | | Pecuniary Interest |
| | | Policy Framework |
| | | Political Assistant |
| | | Political Balance |
| | | Political Group |
| | | Portfolio |
| | | Procedure Rules |
| | | Proper Officer |
| | | Protocol |
| | | Quasi-Judicial |
| | | Quorum |
| | | Registerable Interest |
| | | Regulatory Committee |
| | | Revenue |
| | | Section 151 Officer |
| | | Speaker/Speaker of the Council |
| | | Special Responsibility Allowance |
| | | Statutory |
| | | Sub-Committee |
| | | Ungrouped (Member) |
| | | Vice-Chair |
| | | Ward |
| Public Rights, Responsibilities and Participation | | Public Rights, Responsibilities and Participation |
| Public's General Rights and Responsibilities | | Public's General Rights and Responsibilities |
| n | Citizens have various rights as listed below and set out in more detail throughout Part B. | n | Citizens have various rights as listed below and set out in more detail throughout Part B . |
| Section 5.1: General Rights | | Section 5.1: General Rights |
| Citizens have a number of general rights including to: | | Citizens have a number of general rights including to: |
| Section 5.2: Voting and Petitions | | Section 5.2: Voting and Petitions |
| Citizens on the electoral register have the right to vote at elections. All citizens (that is people living, working or studying in the borough) have the right to present personally or to request a Councillor to present a petition on their behalf to Council, the Cabinet, Scrutiny, Regulatory or other Committees/ Sub Committees or Panels, subject to the detailed provisions laid down in the Petition Scheme and the procedures adopted by those bodies. | | Citizens on the electoral register have the right to vote at elections. All citizens (that is people living, working or studying in the borough) have the right to present personally or to request a Councillor to present a petition on their behalf to Council, the Cabinet, Scrutiny, Regulatory or other Committees/ Sub Committees or Panels, subject to the detailed provisions laid down in the Petition Scheme and the procedures adopted by those bodies. |
| Section 5.3: Participation in Decision Making | | Section 5.3: Participation in Decision Making |
| n | All citizens have the right to participate in Council and Committee meetings and contribute to investigations by Scrutiny Panels. Processes for public participation are set out in the procedures for various Committees and meetings including in Section 26 (Council Procedure Rules) and Section 30 (Overview and Scrutiny Procedure Rules). Individual Committees such as the Licensing and Strategic Development Committee will set out procedures to follow for public participation. | n | All citizens have the right to participate in Council and Committee meetings and contribute to investigations by Scrutiny Panels. Processes for public participation are set out in the procedures for various Committees and meetings including in Chapter 17 (Council Procedure Rules) and Chapter 39 (Overview and Scrutiny Procedure Rules) . Individual Committees such as the Licensing and Strategic Development Committee will set out procedures to follow for public participation. |
| As a summary, citizens can: | | As a summary, citizens can: |
| The Council maintains web pages providing information about its formal decision-making meetings and processes and opportunities for public engagement. These are held at www.towerhamlets.gov.uk/committee . | | The Council maintains web pages providing information about its formal decision-making meetings and processes and opportunities for public engagement. These are held at www.towerhamlets.gov.uk/committee . |
| Section 5.4: Compliments and Complaints | | Section 5.4: Compliments and Complaints |
| Section 9.1: Submitting a Petition to the Council | | Section 9.1: Submitting a Petition to the Council |
| Tower Hamlets Council welcomes petitions and recognises that petitions are one way in which people can let us know their concerns. We will treat something as a petition if it is identified as being a petition, or if it seems to us that it is intended to be a petition. | | Tower Hamlets Council welcomes petitions and recognises that petitions are one way in which people can let us know their concerns. We will treat something as a petition if it is identified as being a petition, or if it seems to us that it is intended to be a petition. |
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| n | are those prepared in the traditional way: a petition organiser creates a paper document that includes a proposed action. Residents physically write their name, address and signature on this document to show their support of the proposed action. | n | are those prepared in the traditional way: a petition organiser creates a paper document that includes a proposed action. Residents physically write their name, address and signature on this document to show their support of the proposed action. |
| To help you organise a paper petition, the Council has prepared a template that is available on the Council's website should you wish to use it. | | To help you organise a paper petition, the Council has prepared a template that is available on the Council's website should you wish to use it. |
| n | Paper petitions can be sent to the Democratic Services Team using the details provided at Section 7 of this Scheme. | n | Paper petitions can be sent to the Democratic Services Team using the details provided at Section 9.7 of this Scheme . |
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| n | are created, signed, and submitted entirely online. The petition organiser uses a website to create their petition and residents can electronically add their name via the website to show their support of the action the petition organiser proposes. | n | are created, signed, and submitted entirely online. The petition organiser uses a website to create their petition and residents can electronically add their name via the website to show their support of the action the petition organiser proposes. |
| It is recommended that e-petitions are created via the Council’s e-petition facility www.towerhamlets.gov.uk/petition. e-Petitions created or submitted through third party websites may be accepted if they comply with the provisions of this scheme. | | It is recommended that e-petitions are created via the Council’s e-petition facility www.towerhamlets.gov.uk/petition. e-Petitions created or submitted through third party websites may be accepted if they comply with the provisions of this scheme. |
| There are no set rules as to how long you can collect signatures for a petition. It is up to you as petition organiser to determine when to close your petition and submit it to the Council. However, the Council will not normally host live petitions on its own e-Petitions site for longer than six months. | | There are no set rules as to how long you can collect signatures for a petition. It is up to you as petition organiser to determine when to close your petition and submit it to the Council. However, the Council will not normally host live petitions on its own e-Petitions site for longer than six months. |
| Section 9.2: Guidelines for Submitting a Petition | | Section 9.2: Guidelines for Submitting a Petition |
| n | The Monitoring Officer will also consider any request received for the petition to be dealt with in a particular way (e.g. for submission to a particular Committee or to Council). Subject to the guidance within this Petition Scheme, the Monitoring Officer has absolute discretion on how the Council will deal with any petition received and may recommend an alternative course of action to that requested. | n | Subsection 9.2.1: Scope of Petition |
| In addition, there are some circumstances where petitions will not be dealt with under this Scheme. These include any matters relating to planning or licensing applications; where a separate consultation process is active; or any other circumstances which, in the opinion of the Monitoring Officer would mean the petitions would be better dealt with using a different Council procedure. | | Subsection 9.2.2: Signing a Petition |
| The Council may seek to verify the authenticity of each entry on a petition by reference to existing information such as (where appropriate) the current electoral register or other relevant records. Entries which cannot be verified may not be counted for the purposes of determining whether a petition has exceeded a threshold set out in this scheme. | | |
| In the period immediately before an election or referendum, when certain legal restrictions apply, we may need to deal with your petition differently – if this is the case we will explain the reasons and discuss the revised timescale which will apply. | | |
| If a petition does not follow the guidelines set out above, the Council may decide not to do anything further with it. In that case, we will write to you to explain the reasons. | | |
| | | |
| - The Council welcomes petitions created and signed by school children and university students. It may be appropriate for young people to give the name of their school or college rather than home address when signing a petition. | | |
| | | |
| - Petitioners are asked not to ask council officers to sign their petitions in relation to their service area. It is contrary to the Member / Officer Protocol for officers to lobby Councillors in respect of their specific service. | | |
| Section 9.3: Action by the Council on Receipt of a Petition | | Section 9.3: Action by the Council on Receipt of a Petition |
| An acknowledgement will be sent to the petition organiser within 10 working days of us receiving the petition. This will let them know what we plan to do with the petition and when they can expect to receive a formal response to it. If the petition needs more investigation, we will tell the petition organiser the steps we plan to take. | | An acknowledgement will be sent to the petition organiser within 10 working days of us receiving the petition. This will let them know what we plan to do with the petition and when they can expect to receive a formal response to it. If the petition needs more investigation, we will tell the petition organiser the steps we plan to take. |
| If we can do what the petition asks for, the acknowledgement may confirm that we have taken the action requested and the petition will be closed. | | If we can do what the petition asks for, the acknowledgement may confirm that we have taken the action requested and the petition will be closed. |
| Petitions will receive a formal response from the relevant Corporate Director within 28 days of receipt. This will usually be the quickest way of addressing the issue. | | Petitions will receive a formal response from the relevant Corporate Director within 28 days of receipt. This will usually be the quickest way of addressing the issue. |
| n | If however, the petition meets the requirements to be presented/debated at a meeting of Councillors under the provisions of Section 4 of this scheme, the petition will receive a formal response within 28 days from the meeting. If you request this option, the relevant Corporate Director may still write to you. You may choose not to proceed with presentation at a meeting if you feel their response resolves the matter. | n | If however, the petition meets the requirements to be presented/debated at a meeting of Councillors under the provisions of Section 9.4 of this scheme , the petition will receive a formal response within 28 days from the meeting. If you request this option, the relevant Corporate Director may still write to you. You may choose not to proceed with presentation at a meeting if you feel their response resolves the matter. |
| The acknowledgment will confirm when and how your response will be sent and tell you when and where the meeting will take place (if applicable and if known at that stage). | | The acknowledgment will confirm when and how your response will be sent and tell you when and where the meeting will take place (if applicable and if known at that stage). |
| To ensure that people know what we are doing in response to the petitions we receive, the details of all petitions submitted to the Council will be published on our website, except in cases where this would be inappropriate. Whenever possible we will also publish all correspondence relating to the petition (all personal details will be removed). | | To ensure that people know what we are doing in response to the petitions we receive, the details of all petitions submitted to the Council will be published on our website, except in cases where this would be inappropriate. Whenever possible we will also publish all correspondence relating to the petition (all personal details will be removed). |
| Section 9.4: Presentation of a Petition to Elected Councillors | | Section 9.4: Presentation of a Petition to Elected Councillors |
| Subject to your petition containing sufficient signatures as set out below, you may request to present the petition to a meeting of Councillors. There are several ways in which this can be done. | | Subject to your petition containing sufficient signatures as set out below, you may request to present the petition to a meeting of Councillors. There are several ways in which this can be done. |
| If your petition includes the names, addresses and signatures of 30 persons who live, work or study in the borough it can be presented at an ordinary meeting of the Council or to a Council Committee. | | If your petition includes the names, addresses and signatures of 30 persons who live, work or study in the borough it can be presented at an ordinary meeting of the Council or to a Council Committee. |
| n | The procedure for presenting a petition at full Council or Committee meetings is included in Appendix 1 of this scheme. | n | The procedure for presenting a petition at full Council or Committee meetings is included in the Appendix to the Petition Scheme . |
| Separate to the above provision, the Mayor has agreed a scheme for public engagement at executive meetings (the Cabinet and Cabinet sub-committees), which provides a number of different ways that members of the public can make submissions relating to items on the agenda. The Cabinet public engagement scheme is set out later on in this scheme. | | Separate to the above provision, the Mayor has agreed a scheme for public engagement at executive meetings (the Cabinet and Cabinet sub-committees), which provides a number of different ways that members of the public can make submissions relating to items on the agenda. The Cabinet public engagement scheme is set out later on in this scheme. |
| If your petition includes the names, addresses and signatures of 2,000 persons who live, work or study in the borough, you may request that a debate be held about the petition at a full Council meeting. | | If your petition includes the names, addresses and signatures of 2,000 persons who live, work or study in the borough, you may request that a debate be held about the petition at a full Council meeting. |
| The procedure for debating a petition at full Council meetings is included later in this scheme. | | The procedure for debating a petition at full Council meetings is included later in this scheme. |
| If your petition includes the names, addresses and signatures of at least 1,000 persons who live, work or study in the borough, you may request that a relevant senior officer give evidence at a public meeting of the Council’s Overview and Scrutiny Committee. For example, you may request that a senior officer explain progress on an issue, or the advice given to councillors to enable them to make a particular decision. The senior officers who may be called to give evidence under this procedure include the Head of the Paid Service (Chief Executive) and any of the Council’s statutory or non-statutory Chief Officers (Corporate Directors). | | If your petition includes the names, addresses and signatures of at least 1,000 persons who live, work or study in the borough, you may request that a relevant senior officer give evidence at a public meeting of the Council’s Overview and Scrutiny Committee. For example, you may request that a senior officer explain progress on an issue, or the advice given to councillors to enable them to make a particular decision. The senior officers who may be called to give evidence under this procedure include the Head of the Paid Service (Chief Executive) and any of the Council’s statutory or non-statutory Chief Officers (Corporate Directors). |
| You should be aware that the Overview and Scrutiny Committee may decide that it would be more appropriate for another officer to give evidence instead of any officer named in the petition – for instance if the named officer has changed jobs. The Committee will also call the relevant Executive Councillor(s) to attend the meeting. Committee members will ask the questions at this meeting, but you will be able to suggest questions to the Chair of the Committee by contacting the Democratic Services team (through the link on the front of the agenda) up to three working days before the meeting. | | You should be aware that the Overview and Scrutiny Committee may decide that it would be more appropriate for another officer to give evidence instead of any officer named in the petition – for instance if the named officer has changed jobs. The Committee will also call the relevant Executive Councillor(s) to attend the meeting. Committee members will ask the questions at this meeting, but you will be able to suggest questions to the Chair of the Committee by contacting the Democratic Services team (through the link on the front of the agenda) up to three working days before the meeting. |
| n | If you would like your petition to be presented/debated at a meeting, you must submit (1) the petition; (2) a request to present or debate the petition; and (3) any request for additional assistance such as an interpreter, to the Democratic Services Team (see Section 7) by noon, 9 clear working days (not including the day notice is given or the day of the meeting) before the relevant meeting. However, please note that there is likely to be a maximum number of petitions presented at any one meeting and these slots are normally allocated in order of receipt, so early submission is advised. | n | If you would like your petition to be presented/debated at a meeting, you must submit (1) the petition; (2) a request to present or debate the petition; and (3) any request for additional assistance such as an interpreter, to the Democratic Services Team (see Section 9.7 ) by noon, 9 clear working days (not including the day notice is given or the day of the meeting) before the relevant meeting. However, please note that there is likely to be a maximum number of petitions presented at any one meeting and these slots are normally allocated in order of receipt, so early submission is advised. |
| When determining whether a petition has met or exceeded a threshold set out in this scheme, the Council will only count signatories for which a local connection (i.e. that the signatory either lives, works or studies in Tower Hamlets) can be evidenced from the information supplied. There is a risk that petitions created and/or submitted via third party e-petition websites may not satisfy this criterion so it is strongly recommended that e-petitions are created via the Council’s own e-petition facility www.towerhamlets.gov.uk/petition | | When determining whether a petition has met or exceeded a threshold set out in this scheme, the Council will only count signatories for which a local connection (i.e. that the signatory either lives, works or studies in Tower Hamlets) can be evidenced from the information supplied. There is a risk that petitions created and/or submitted via third party e-petition websites may not satisfy this criterion so it is strongly recommended that e-petitions are created via the Council’s own e-petition facility www.towerhamlets.gov.uk/petition |
| In the event that 2 or more petitions which are substantially the same are received from different petition organisers, the Monitoring Officer may aggregate the number of valid signatures in each petition for the purpose of determining whether the threshold to trigger a Council debate of the matters raised has been reached if that is the wish of the petition organisers. | | In the event that 2 or more petitions which are substantially the same are received from different petition organisers, the Monitoring Officer may aggregate the number of valid signatures in each petition for the purpose of determining whether the threshold to trigger a Council debate of the matters raised has been reached if that is the wish of the petition organisers. |
| Section 9.5: Petitions on Non-Council Functions | | Section 9.5: Petitions on Non-Council Functions |
| If your petition is about something over which the Council has no direct control (for example the local railway or hospital) it is unlikely you will be able to present it to a Council meeting, but we will consider making representations on behalf of the community to the relevant body. The council works with a large number of local partners and where possible may liaise with these partners to respond to your petition. If we are not able to do this for any reason (for example if what the petition calls for conflicts with Council policy), then we will set out the reasons for this to you. | | If your petition is about something over which the Council has no direct control (for example the local railway or hospital) it is unlikely you will be able to present it to a Council meeting, but we will consider making representations on behalf of the community to the relevant body. The council works with a large number of local partners and where possible may liaise with these partners to respond to your petition. If we are not able to do this for any reason (for example if what the petition calls for conflicts with Council policy), then we will set out the reasons for this to you. |
| If your petition is about something that a different authority is responsible for we will give consideration to what the best method is for responding to it. This might consist of simply forwarding the petition to the other authority, but could involve other steps. In any event we will notify you of the action we have taken. | | If your petition is about something that a different authority is responsible for we will give consideration to what the best method is for responding to it. This might consist of simply forwarding the petition to the other authority, but could involve other steps. In any event we will notify you of the action we have taken. |
| You can find more information on the services for which the Council is responsible on our website. www.towerhamlets.gov.uk | | You can find more information on the services for which the Council is responsible on our website. www.towerhamlets.gov.uk |
| n | In all cases we will provide the written response as set out in Section 3. | n | In all cases we will provide the written response as set out in Section 9.3 . |
| Section 9.6: If you are not satisfied with the Council's response | | Section 9.6: If you are not satisfied with the Council's response |
| n | If you feel that we have not dealt with your petition properly you may make a complaint under the Council’s complaints procedure. https://www.towerhamlets.gov.uk/lgnl/council_and_democracy/complaints/complaints.aspx | n | If you feel that we have not dealt with your petition properly you may make a complaint under the Council’s complaints procedure. https://www.towerhamlets.gov.uk/lgnl/council_and_democracy/complaints/complaints.aspx |
| Section 9.7: Further Information | | Section 9.7: Further Information |
| Should you wish to submit a petition or require any further information, please contact: Petitions, Democratic Services,2nd Floor, Whitechapel Town Hall, 160 Whitechapel Rd, London E1 1BJ Email: councillor.supportteam@towerhamlets.gov.uk Website: http://www.towerhamlets.gov.uk/committee | | Should you wish to submit a petition or require any further information, please contact: Petitions, Democratic Services,2nd Floor, Whitechapel Town Hall, 160 Whitechapel Rd, London E1 1BJ Email: councillor.supportteam@towerhamlets.gov.uk Website: http://www.towerhamlets.gov.uk/committee |
| n | e-petitions website: http://www.towerhamlets.gov.uk/petition | n | e-petitions website: http://www.towerhamlets.gov.uk/petition |
| | | |
| Section 9.8: Appendix to the Petition Scheme - Procedure for hearing petitions at Full Council | | Section 9.8: Appendix to the Petition Scheme - Procedure for hearing petitions at Full Council |
| | | |
| n | All petitions received within the deadline (see Section 4 of the Petition Scheme) will be listed on the Council agenda. | n | All petitions received within the deadline (see Section 9.4 of the Petition Scheme ) will be listed on the Council agenda. |
| The agenda will list 4 petitions as ‘to be heard’, which will be listed in order of receipt, except that petitions for debate will take precedence. Any petitions listed as ‘to be heard’ for which the person(s) listed to present are absent, will be noted (see below). | | The agenda will list 4 petitions as ‘to be heard’, which will be listed in order of receipt, except that petitions for debate will take precedence. Any petitions listed as ‘to be heard’ for which the person(s) listed to present are absent, will be noted (see below). |
| All remaining petitions will be listed as ‘to be noted’. These petitions will not be heard and the Speaker will state where they will go for a full response. | | All remaining petitions will be listed as ‘to be noted’. These petitions will not be heard and the Speaker will state where they will go for a full response. |
| n | Executive functions: In relation to executive functions, the Council does not have powers to override any executive decision of the Mayor or substitute its own decision. The Council may however pass a motion expressing a view on the matter or referring the matter to the Mayor, calling on him/her to take some action, or consider or reconsider a decision, with recommendations to inform that consideration. Officers will advise on the constitutional validity of any motion that may be moved. | n | Subsection 9.8.1: General guidance on petition hearings at Council meetings |
| | | Subsection 9.8.2: Presentation of Petitions at Non-Executive Committee Meetings (including Overview and Scrutiny Committees) |
| An individual or group may not submit a petition to a meeting of the Council if that individual or group has previously submitted a petition to either of the previous 2 Council meetings. | | Subsection 9.8.3: Petitions presented by young people |
| Petitions can also be presented to any Non-Executive Committee meeting providing it is on a subject matter that is within that Committee’s Terms of Reference. | | Subsection 9.8.4: PROCEDURE FOR HEARING PETITIONS AT MEETINGS OF THE CABINET |
| Some Committees will have specific procedures for dealing with petitions and those must be followed where they exist. In any other case the petition will be dealt with at the next appropriate Committee meeting. If no other procedures are in place or agreed then the petition will be heard in the same manner as at Council (3 minute presentation, 4 minutes of questions from Members, 2 minutes for a response). The response may come from a Member or officer as appropriate. If the petition relates to an item on the agenda, it will be considered during the discussion of that particular agenda item. | | Subsection 9.8.5: Public Engagement at Cabinet |
| The Council welcomes petitions presented by young people including school children. Whilst the standard meeting procedures will be followed where possible, the Chair of the meeting shall have the discretion to vary the procedures to ensure the young people are properly able to represent themselves at the meeting. | | |
| The procedure for hearing petitions at meetings of the Cabinet is contained in the Executive Procedure Rules in Part F Section 36 (Executive Procedure Rules) of the Council’s Constitution. The relevant provision is replicated below: | | |
| Whilst the main focus of Cabinet is as a decision-making body, there is an opportunity for the public to contribute through making submissions that specifically relate to the reports that are set out on the agenda. Members of the public may therefore make written submissions in any form (for example; Petitions, letters, written questions) and which are to be submitted to the Clerk to Cabinet (whose details are on the Cabinet agenda front sheet) by 5 pm the day before the meeting. The consideration of such written submissions will be at the discretion of whosoever presides at the meeting. | | |
| Access to Information Procedure Rules | | Access to Information Procedure Rules |
| Section 10.1: Scope | | Section 10.1: Scope |
| These rules apply to all meetings of Council, Overview and Scrutiny Committee, Scrutiny Sub-Committees and Panels, the Standards Advisory Committee, regulatory and other Committees, Sub-Committees and public meetings of the Executive (together called “meetings”). | | These rules apply to all meetings of Council, Overview and Scrutiny Committee, Scrutiny Sub-Committees and Panels, the Standards Advisory Committee, regulatory and other Committees, Sub-Committees and public meetings of the Executive (together called “meetings”). |
| An item of business may not be considered at a meeting unless either: | | An item of business may not be considered at a meeting unless either: |
| “Five clear working days” excludes the day of the meeting, the day on which the meeting is called, weekends and bank holidays. | | “Five clear working days” excludes the day of the meeting, the day on which the meeting is called, weekends and bank holidays. |
| “Special circumstances” justifying an item being considered as a matter of urgency will relate to both why the decision could not be made by calling a meeting allowing the proper time for inspection as well as why the item or report could not have been available for inspection for five clear days before the meeting. | | “Special circumstances” justifying an item being considered as a matter of urgency will relate to both why the decision could not be made by calling a meeting allowing the proper time for inspection as well as why the item or report could not have been available for inspection for five clear days before the meeting. |
| n | Where the item of business relates to a key decision Rules 14-19 also apply. | n | Where the item of business relates to a key decision Sections 10.14 to 10.19 also apply. |
| Section 10.7: Supply of Copies | | Section 10.7: Supply of Copies |
| The Council will supply copies of: to any person who makes a request to view copies of these documents on payment of a charge for postage and any other costs. | | The Council will supply copies of: to any person who makes a request to view copies of these documents on payment of a charge for postage and any other costs. |
| Section 10.8: Access to Minutes etc after the meeting | | Section 10.8: Access to Minutes etc after the meeting |
| The Council will make available copies of the following for six years after a meeting: | | The Council will make available copies of the following for six years after a meeting: |
| Section 10.9: Background Papers | | Section 10.9: Background Papers |
| n | | n | |
| The Director of Legal will set out in every report a list of those documents (called background papers) relating to the subject matter of the report which in her/his opinion: but does not include published works or those which disclose exempt or confidential information (as defined in Rule 11) or in respect of reports to the Executive, the advice of a political adviser or assistant. | | The Director of Legal will set out in every report a list of those documents (called background papers) relating to the subject matter of the report which in her/his opinion: but does not include published works or those which disclose exempt or confidential information (as defined in Section 10.11 ) or in respect of reports to the Executive, the advice of a political adviser or assistant. |
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| n | | n | |
| . The Council will publish background papers on the Council’s website and will make available for public inspection for four years after the date of the meeting one copy of each of the documents on the list of background papers. | | . The Council will publish background papers on the Council’s website and will make available for public inspection for four years after the date of the meeting one copy of each of the documents on the list of background papers. |
| Section 10.10: Summary of Public's Rights | | Section 10.10: Summary of Public's Rights |
| This constitution sets out the public’s rights to attend meetings and to inspect and copy documents shall be kept at and available to the public at the designated office. | | This constitution sets out the public’s rights to attend meetings and to inspect and copy documents shall be kept at and available to the public at the designated office. |
| Section 10.11: Exclusion of Access by the Public to Meetings | | Section 10.11: Exclusion of Access by the Public to Meetings |
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| n | – . The public must be excluded from meetings or those part or parts of meetings whenever it is likely in view of the nature of the business to be transacted or the nature of the proceedings that confidential information (as defined in Rule 11.4 below) would be disclosed in breach of the obligation of confidence. | n | – . The public must be excluded from meetings or those part or parts of meetings whenever it is likely in view of the nature of the business to be transacted or the nature of the proceedings that confidential information (as defined in paragraph 4 below ) would be disclosed in breach of the obligation of confidence. |
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| n | – . The public may be excluded from meetings or those part or parts of meetings whenever it is likely in view of the nature of the business to be transacted or the nature of the proceedings that exempt information (as defined in Rule 11.5 below) would be disclosed and the public interest in maintaining the exemption outweighs the public interest in disclosing the information. | n | – . The public may be excluded from meetings or those part or parts of meetings whenever it is likely in view of the nature of the business to be transacted or the nature of the proceedings that exempt information (as defined in paragraph 5 below ) would be disclosed and the public interest in maintaining the exemption outweighs the public interest in disclosing the information. |
| Where the meeting will determine any person’s civil rights or obligations, or adversely affect their possessions, Article 6 of the Human Rights Act 1998 establishes a presumption that the meeting will be held in public unless a private hearing is necessary for one of the reasons specified in Article 6. | | Where the meeting will determine any person’s civil rights or obligations, or adversely affect their possessions, Article 6 of the Human Rights Act 1998 establishes a presumption that the meeting will be held in public unless a private hearing is necessary for one of the reasons specified in Article 6. |
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| n | Confidential information means information given to the Council by a Government Department on terms which forbid its public disclosure or information which the disclosure of which to the public is prohibited by or under any enactment or by the order of a court. This includes information excluded under the Freedom of Information Act 2000 or the Data Protection Act 2018. | n | Confidential information means information given to the Council by a Government Department on terms which forbid its public disclosure or information which the disclosure of which to the public is prohibited by or under any enactment or by the order of a court. This includes information excluded under the Freedom of Information Act 2000 or the Data Protection Act 2018. |
| Meaning of Exempt Information. Exempt information is those for the time being specified in Part I of Schedule 12A to the Local Government Act 1972, namely: 1. Information relating to any individual. 2. Information which is likely to reveal the identity of an individual. 3. Information relating to the financial or business affairs of any particular person (including the authority handling the information) 4. Information relating to any consultations or negotiations, or contemplated consultations or negotiations, in connection with any labour relations matters arising between the authority or a Minister of the Crown and employees of, or office holders under, the authority. 5. Information in respect of which a claim to legal professional privilege could be maintained in legal proceedings. 6. Information which reveals that the authority proposes:- a) to give under any enactment a notice under or by virtue of which requirements are imposed on a person; or b) to make an order or direction under any enactment. 7. Information relating to any action taken or to be taken in connection with the prevention, investigation or prosecution of crime. | | |
| | | Exempt information is those for the time being specified in Part I of Schedule 12A to the Local Government Act 1972, namely: |
| Information falling within any of the categories 1-7 of Rule 11.5 above are not exempt by virtue of that paragraph if it relates to proposed development for which the local planning authority can grant itself planning permission under Regulation 3 of the Town and Country Planning General Regulations 1992. | | Information falling within any of the categories 1-7 of paragraph 5 above are not exempt by virtue of that paragraph if it relates to proposed development for which the local planning authority can grant itself planning permission under Regulation 3 of the Town and Country Planning General Regulations 1992. |
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| n | . Under Reg 4(2) of the Local Authorities (Executive Arrangements) (Meetings and Access to Information) (England) Regulations 2012, members of the public can be excluded from a meeting in order to maintain orderly conduct or to prevent misbehaviour at a meeting. | n | . Under Reg 4(2) of the Local Authorities (Executive Arrangements) (Meetings and Access to Information) (England) Regulations 2012, members of the public can be excluded from a meeting in order to maintain orderly conduct or to prevent misbehaviour at a meeting. |
| Section 10.12: Exclusion of access by the public to reports | | Section 10.12: Exclusion of access by the public to reports |
| n | If the Monitoring Officer thinks fit, the Council may exclude access by the public to reports which in their opinion relate to items during which, in accordance with Rule 11, the meeting or those part or parts of the meeting is likely not to be open to the public. Such reports will be marked “Not for publication” together with the category of information likely to be disclosed (see Rule 11.5 above for the categories). | n | If the Monitoring Officer thinks fit, the Council may exclude access by the public to reports which in their opinion relate to items during which, in accordance with Section 10.11 , the meeting or those part or parts of the meeting is likely not to be open to the public. Such reports will be marked “Not for publication” together with the category of information likely to be disclosed (see Section 10.11, paragraph 5 above for the categories). |
| Section 10.13: Application of rules to the Executive | | Section 10.13: Application of rules to the Executive |
| Rules 14-25 apply to the Executive and its Committees (and which term includes Sub-Committees and other decision making meetings). If the Executive or one of its Committees meets to take a key decision or meets in public then it must also comply with Rules 1-11 unless Rule 18 (urgency - general exception) or Rule 19 (urgency - special urgency) apply. A key decision is defined in [ ] of this Constitution. | | Rules 14-25 apply to the Executive and its Committees (and which term includes Sub-Committees and other decision making meetings). If the Executive or one of its Committees meets to take a key decision or meets in public then it must also comply with Rules 1-11 unless Rule 18 (urgency - general exception) or Rule 19 (urgency - special urgency) apply. A key decision is defined in [ ] of this Constitution. |
| If the Executive or one of its Committees meets to discuss a key decision to be taken collectively, with an officer other than a political assistant present, within twenty-eight days of the date by which it is to be decided, then it must also comply with Rules 1-11 unless Rule 18 (urgency - general exception) or Rule 19 (urgency - special urgency) apply. This requirement does not include meetings whose sole purpose is for officers to brief Members. | | If the Executive or one of its Committees meets to discuss a key decision to be taken collectively, with an officer other than a political assistant present, within twenty-eight days of the date by which it is to be decided, then it must also comply with Rules 1-11 unless Rule 18 (urgency - general exception) or Rule 19 (urgency - special urgency) apply. This requirement does not include meetings whose sole purpose is for officers to brief Members. |
| Section 10.14: Procedure Before Taking Key Decisions | | Section 10.14: Procedure Before Taking Key Decisions |
| n | Subject to Rule 18 (urgency - general exception) and Rule 19 (urgency - special urgency), a key decision shall not be taken unless: | n | Subject to Section 10.23 (Urgency general exception) and Section 10.24 (Urgency special urgency) , a key decision shall not be taken unless: |
| Section 10.15: Notice of Key Decisions | | Section 10.15: Notice of Key Decisions |
| n | A notice shall be published under Rule 14 in respect of any matter which the Mayor has reason to believe will be the subject of a key decision to be taken by the Mayor, the Executive, a Committee of the Executive, an individual member of the Executive, an officer or under joint arrangements in the course of the discharge of an executive function. | n | A notice shall be published under Section 10.14 in respect of any matter which the Mayor has reason to believe will be the subject of a key decision to be taken by the Mayor, the Executive, a Committee of the Executive, an individual member of the Executive, an officer or under joint arrangements in the course of the discharge of an executive function. |
| In addition, a notice shall be published under Rule 14 in respect of those items of business which the Executive intends to consider and which form part of the policy framework and where the Executive will be making recommendations to Council. | | In addition, a notice shall be published under Section 10.14 in respect of those items of business which the Executive intends to consider and which form part of the policy framework and where the Executive will be making recommendations to Council. |
| Section 10.16: Content of Key Decision Notices | | Section 10.16: Content of Key Decision Notices |
| n | Each notice published under Rule 14 shall contain the below details as far as reasonably practicable: | n | Each notice published under Section 10.14 shall contain the below details as far as reasonably practicable: |
| | | Where, in relation to any matter- then the document referred to in 16.1 must contain particulars of the matter but may not contain any confidential, exempt information or particulars of the advice of a political adviser or assistant. |
| | | Section 10.17: KEY DECISION NOTICES – EXEMPT AND CONFIDENTIAL INFORMATION |
| | | Nothing in these Rules (or the Local Authorities (Executive Arrangements) (Meetings and Access to Information) (England) Regulations 2012 (“the 2012 Regulations”)) is to be taken to authorise or require the disclosure of confidential information in breach of the obligation of confidence. |
| | | Nothing in these Rules or the 2012 Regulations- |
| | | Section 10.18: URGENCY - GENERAL EXCEPTION |
| | | If a matter which is likely to be a key decision is to be considered and the matter has not been published in advance in accordance with Section 10.14 then, subject to Section 10.24 (Urgency special urgency) , the decision may still be taken if: |
| | | Where such a decision is taken collectively, it must be taken in public unless it involves consideration of confidential or exempt information. |
| | | Section 10.19: URGENCY - SPECIAL URGENCY |
| | | If by virtue of the date on which a decision must be taken Section 10.23 (Urgency general exception) cannot be followed, then a decision can only be taken if the decision taker (or the Chair of the body making the decision) has obtained agreement from the following — that the taking of the decision cannot reasonably be deferred. |
| | | As soon as reasonably practicable after the Proper Officer has complied with the above they must make available a notice setting out the reasons why compliance with Section 10.14, paragraph 1 is impracticable and publish that notice on the Council’s website. |
| | | The Mayor will submit an annual report to Council on the executive decisions taken under this Rule in the preceding year. The report will include the number of decisions so taken and a summary of the matters in respect of which each decision was made. |
| | | Section 10.20: RIGHTS OF OVERVIEW AND SCRUTINY |
| | | If the Overview and Scrutiny Committee thinks that a key decision has been taken which was not: the Committee may require the Executive to submit a report to Council within such reasonable time as the Committee specifies. The power to require a report rests with the Committee, but is also delegated to the Chief Executive, who shall require such a report on behalf of the Committee when so requested in writing by: Alternatively the requirement may be raised by resolution passed at a meeting of the Overview and Scrutiny Committee. |
| Section 10.17: Meetings of the executive and its committees to be held in public | | Section 10.21: Meetings of the executive and its committees to be held in public |
| Any meeting of the Executive or a Committee of the Executive shall be open to the public except to the extent that the public are excluded under Rule 21.2 | | Any meeting of the Executive or a Committee of the Executive shall be open to the public except to the extent that the public are excluded under paragraph 2 below |
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| The public must be excluded from a meeting during an item of business whenever— | | The public must be excluded from a meeting during an item of business whenever— |
| n | A resolution under Rule 21.2 (b) must–— | n | A resolution under paragraph 2, point 2 above must–— |
| The public may only be excluded under sub-paragraph (a) or (b) of Rule 21.2 for the part or parts of the meeting during which it is likely that confidential information or exempt information would be disclosed. | | The public may only be excluded under sub-paragraph (a) or (b) of paragraph 2 above for the part or parts of the meeting during which it is likely that confidential information or exempt information would be disclosed. |
| Without prejudice to any power of exclusion to suppress or prevent disorderly conduct or other misbehaviour at a meeting, the Executive and its Committees do not have the power to exclude members of the public from a meeting while it is open to the public. | | Without prejudice to any power of exclusion to suppress or prevent disorderly conduct or other misbehaviour at a meeting, the Executive and its Committees do not have the power to exclude members of the public from a meeting while it is open to the public. |
| While a meeting of the Executive or one of its Committees is open to the public, any person attending the meeting for the purpose of reporting the proceedings is, so far as practicable, to be afforded reasonable facilities for taking their report. | | While a meeting of the Executive or one of its Committees is open to the public, any person attending the meeting for the purpose of reporting the proceedings is, so far as practicable, to be afforded reasonable facilities for taking their report. |
| The Council must ensure that members of the public are aware that a meeting is to be broadcast where the council or a person attending the meeting for the purpose of reporting proceedings intends to use facilities to record or broadcast the proceedings. | | The Council must ensure that members of the public are aware that a meeting is to be broadcast where the council or a person attending the meeting for the purpose of reporting proceedings intends to use facilities to record or broadcast the proceedings. |
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| n | | n | |
| Any decision made by the Executive or one of its Committees to hold a meeting in private is a prescribed decision for the purpose of section 9GA(5) of the Local Government Act 2000 (regulations requiring prescribed information about prescribed decisions). | | Any decision made by the Executive or one of its Committees to hold a meeting in private is a prescribed decision for the purpose of section 9GA(5) of the Local Government Act 2000 (regulations requiring prescribed information about prescribed decisions). |
| At least twenty-eight clear days before a private meeting of the Executive of one of its committees, the Executive must— | | At least twenty-eight clear days before a private meeting of the Executive of one of its committees, the Executive must— |
| n | A notice under Rule 21.9 must include a statement of the reasons for the meeting to be held in private. | n | A notice under paragraph 9 above must include a statement of the reasons for the meeting to be held in private. |
| At least five clear days before a private meeting of the Executive or one of its committees, the Executive must— | | At least five clear days before a private meeting of the Executive or one of its committees, the Executive must— |
| n | A notice under Rule 21.11 must include— | n | A notice under paragraph 11 above must include— |
| Where the date by which a meeting must be held makes compliance with Rules 21.9 to 21.12 impracticable, the meeting may only be held in private where the decision-making body has obtained agreement from the following that the meeting is urgent and cannot reasonably be deferred — | | Where the date by which a meeting must be held makes compliance with paragraphs 9 to 12 above impracticable, the meeting may only be held in private where the decision-making body has obtained agreement from the following— that the meeting is urgent and cannot reasonably be deferred. |
| As soon as reasonably practicable after the decision-making body has obtained agreement under Rule 21.13 to hold a private meeting, it must— | | As soon as reasonably practicable after the decision-making body has obtained agreement under paragraph 13 above to hold a private meeting, it must— |
| The Executive or one of its Committees may meet in private if it meets with officers for the purposes only of briefing. | | The Executive or one of its Committees may meet in private if it meets with officers for the purposes only of briefing. |
| The Head of Paid Service, the Chief Finance Officer and the Monitoring Officer, and their nominees are entitled to attend any meeting of the Executive and its Committees. The Executive may not meet unless the Chief Executive has been given reasonable notice that a meeting is to take place. A meeting of the Executive may not meet to take any decisions unless the Head of Paid Service, the Chief Finance Officer or the Monitoring Officer or their nominee are present or have waived their entitlement to attend. The meeting may only take a decision if there is an officer present with responsibility for recording and publishing the decision. | | The Head of Paid Service, the Chief Finance Officer and the Monitoring Officer, and their nominees are entitled to attend any meeting of the Executive and its Committees. The Executive may not meet unless the Chief Executive has been given reasonable notice that a meeting is to take place. A meeting of the Executive may not meet to take any decisions unless the Head of Paid Service, the Chief Finance Officer or the Monitoring Officer or their nominee are present or have waived their entitlement to attend. The meeting may only take a decision if there is an officer present with responsibility for recording and publishing the decision. |
| n | Section 10.18: Record of Decisions | n | Section 10.22: Record of Decisions |
| | | Subsection 10.22.1: Executive Decisions made at Meetings |
| As soon as is reasonably practicable after a meeting of a decision-making body at which an executive decision has been made, whether held in public or private, the Monitoring Officer or nominated officer shall ensure that a written statement is produced in respect of every executive decision made at that meeting including: | | Subsection 10.22.2: Executive Decisions made by Individual Members of the Executive |
| Decisions taken at a meeting may only be taken on the basis of a written report, setting out key legal, financial, service and corporate implications and may not be taken unless the Monitoring Officer or their nominee is present. | | |
| All decisions taken individually by Members of the Executive must be based on written reports setting out key legal, financial, service and corporate implications and may not be taken unless the Monitoring Officer (or an officer nominated by them) has agreed the report. | | |
| When an officer prepares a report which is to be given to an individual Member for decision, they must first give a copy of that report to the Monitoring Officer (or an officer nominated by them). | | |
| The Monitoring Officer will publish the report to the Overview and Scrutiny Committee, the Chief Executive and the Chief Finance Officer. The report will be made publicly available as soon as reasonably practicable. | | |
| Individual decisions by Members of the Executive can only be taken in the presence of an officer. | | |
| Subject to Rules 18 and 19, the individual decision maker may not make any key decision until notice of the decision has been available for public inspection for at least twenty-eight days before the decision is made. | | |
| As soon as is reasonably practicable after an individual Member has made an executive decision they shall produce, or cause to be produced, a written statement including: | | |
| A copy of the written statement setting out the decision must be sent to the Monitoring Officer. All decisions of the Executive must be published on the Council’s website and will be subject to call in as set out in Part G, Section 39 of this Constitution. | | |
| Nothing in these rules relating to the taking of decision by individual Members shall require them to disclose confidential or exempt information or the advice of a political adviser or assistant. | | |
| Section 10.19: Decisions made by Officers | | Section 10.23: Decisions made by Officers |
| | | Subsection 10.23.1: Key Decisions |
| | | Subsection 10.23.2: Other Executive Decisions (Non-Key Decisions) |
| Where officers are taking delegated key decisions, they must follow the procedure set out above for decisions taken by Individual Members of the Executive. This includes ensuring the decision is taken on the basis of a written report setting out key legal, financial and corporate implications. | | |
| Any officer decisions taken in accordance with Rule 23.1 will be subject to call-in as set out in Part G of this Constitution. | | |
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| As soon as is reasonably practicable after an officer has made a non-key decision delegated to the officer by a specific decision of the Executive, or another decision which incurs expenditure or savings over the threshold specified in Part C Section 7 (currently £250k) the officer must produce a written statement including: | | |
| 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]. | | |
| Section 10.20: OVERVIEW AND SCRUTINY COMMITTEE ACCESS TO DOCUMENTS - AFTER A DECISION HAS BEEN MADE | | Section 10.24: OVERVIEW AND SCRUTINY COMMITTEE ACCESS TO DOCUMENTS - AFTER A DECISION HAS BEEN MADE |
| Subject to Rule 24.2 below, any member of the Overview and Scrutiny Committee or of a Scrutiny Panel will be entitled to copies of any document which is in the possession or control of the Executive or any of its Committees, and contains material relating to: | | Subject to paragraph 2 below , any member of the Overview and Scrutiny Committee or of a Scrutiny Panel will be entitled to copies of any document which is in the possession or control of the Executive or any of its Committees, and contains material relating to: |
| | | Subsection 10.24.1: Limits on Rights |
| Overview and Scrutiny Committee Members and Scrutiny Panel Members shall not be entitled to: | | |
| Section 10.21: ADDITIONAL RIGHTS OF ACCESS FOR ALL MEMBERS | | Section 10.25: ADDITIONAL RIGHTS OF ACCESS FOR ALL MEMBERS |
| | | Subsection 10.25.1: Material Relating to Council and Committee Meetings |
| All Members are entitled to inspect any document which is in the possession or under the control of the Council and contain material relating to any business to be transacted at a meeting of Council or its Committees or Sub Committees unless 25.1.1 below applies: | | Subsection 10.25.2: Material Relating to Executive Meetings |
| | | Subsection 10.25.3: Material Relating to Key Decisions |
| . All Members are entitled to inspect any document which is in the possession or under the control of the Executive and contains material relating to any business to be transacted at a public meeting unless either 25.2.1 or 25.2.2 below applies: | | Subsection 10.25.4: Nature of Rights |
| After the conclusion of a private meeting of the Executive at which an Executive decision has been made, all Members are entitled to inspect any document which is in the possession or under the control of the Executive and contain material relating to business transacted at the meeting in the terms set out at 25.2 above. | | |
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| All Members are entitled to inspect any document which is in the possession or under the control of the Executive and contains material relating to any key decision in the terms set out at 25.2 above. | | |
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| These rights are additional to any rights of access to information a Member may have. | | |
| Section 10.22: KEY DECISION NOTICES – EXEMPT AND CONFIDENTIAL INFORMATION | | |
| Nothing in these Rules (or the Local Authorities (Executive Arrangements) (Meetings and Access to Information) (England) Regulations 2012 (“the 2012 Regulations”)) is to be taken to authorise or require the disclosure of confidential information in breach of the obligation of confidence. | | |
| Nothing in these Rules or the 2012 Regulations- | | |
| Section 10.23: URGENCY - GENERAL EXCEPTION | | |
| If a matter which is likely to be a key decision is to be considered and the matter has not been published in advance in accordance with Rule 14 then, subject to Rule 19 (urgency - special urgency), the decision may still be taken if: | | |
| Where such a decision is taken collectively, it must be taken in public unless it involves consideration of confidential or exempt information. | | |
| Section 10.24: URGENCY - SPECIAL URGENCY | | |
| If by virtue of the date on which a decision must be taken Rule 18 (urgency - general exception) cannot be followed, then a decision can only be taken if the decision taker (or the Chair of the body making the decision) has obtained agreement from the following that the taking of the decision cannot reasonably be deferred. | | |
| As soon as reasonably practicable after the Proper Officer has complied with the above they must make available a notice setting out the reasons why compliance with rule 14.1 is impracticable and publish that notice on the Council’s website. | | |
| The Mayor will submit an annual report to Council on the executive decisions taken under this Rule in the preceding year. The report will include the number of decisions so taken and a summary of the matters in respect of which each decision was made. | | |
| Section 10.25: RIGHTS OF OVERVIEW AND SCRUTINY | | |
| If the Overview and Scrutiny Committee thinks that a key decision has been taken which was not: the Committee may require the Executive to submit a report to Council within such reasonable time as the Committee specifies. The power to require a report rests with the Committee, but is also delegated to the Chief Executive, who shall require such a report on behalf of the Committee when so requested in writing by: Alternatively the requirement may be raised by resolution passed at a meeting of the Overview and Scrutiny Committee. | | |
| Decision Making | | Decision Making |
| How Decisions are Made | | How Decisions are Made |
| Section 11.1: Principles of Decision-Making | | Section 11.1: Principles of Decision-Making |
| n | 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. | n | All decisions of the Council will be made in accordance with the following principles: |
| Section 11.2: Responsibility for Decision-Making (Executive / Non-Executive) | | Section 11.2: Responsibility for Decision-Making (Executive / Non-Executive) |
| n | The Council will issue and keep up to date a record of what part of the Council or individual has responsibility for particular types of decisions or decisions relating to particular areas or functions. This record is set out in Section 12 below. | n | The Council will issue and keep up to date a record of what part of the Council or individual has responsibility for particular types of decisions or decisions relating to particular areas or functions. This record is set out in Chapter 13 below. |
| The form of the Council’s Executive Arrangements is a ‘Mayor and Cabinet’ model as defined in section 9C of the Local Government Act 2000 (as amended). Therefore, decision-making at the Council is split into the following types: ‘Executive’ Including ‘Executive Key Decisions’ ‘Non-Executive’ functions. | | The form of the Council’s Executive Arrangements is a ‘Mayor and Cabinet’ model as defined in section 9C of the Local Government Act 2000 (as amended). Therefore, decision-making at the Council is split into the following types: ‘Executive’ Including ‘Executive Key Decisions’ ‘Non-Executive’ functions. |
| Section 11.3: Executive and Non-Executive Examples | | Section 11.3: Executive and Non-Executive Examples |
| Section 11.4: Executive Decision Making | | Section 11.4: Executive Decision Making |
| 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. | | 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. |
| These decisions must be in line with the Council’s Budget and Policy Framework . If any of these decisions change the Framework then these must be referred to Council. | | These decisions must be in line with the Council’s Budget and Policy Framework . If any of these decisions change the Framework then these must be referred to Council. |
| Section 11.5: Executive Key Decisions Definition | | Section 11.5: Executive Key Decisions Definition |
| n | | n | A “key decision” is an executive decision which is likely to: |
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| 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 | | |
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| 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. | | |
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| A decision to approve, update or amend a policy, strategy, plan, scheme (or similar) will only be a key decision if criterions (A) or (B) above would apply to the implementation of the document once approved, updated or amended. | | A decision to approve, update or amend a policy, strategy, plan, scheme (or similar) will only be a key decision if criterions (A) or (B) above would apply to the implementation of the document once approved, updated or amended. |
| n | Documents listed in Section 7 under the Budget and Policy Framework, are non-executive decisions reserved to Full Council and therefore cannot be key decisions. However, they are required to be prepared and developed by Cabinet in accordance with the Budget and Policy Framework Procedure Rules at Part D Section 19. | n | Documents listed in Chapter 18 under the Budget and Policy Framework, are non-executive decisions reserved to Full Council and therefore cannot be key decisions. However, they are required to be prepared and developed by Cabinet in accordance with the Budget and Policy Framework Procedure Rules at Part D, Chapter 19 . |
| A decision or report in relation to preparation and development of an issue, for example to begin a public consultation exercise, will not normally be a key decision unless criterions (A) or (B) above would also apply to that specific action. Even if the final determination of that issue would result in a Key Decision. | | A decision or report in relation to preparation and development of an issue, for example to begin a public consultation exercise, will not normally be a key decision unless criterions (A) or (B) above would also apply to that specific action. Even if the final determination of that issue would result in a Key Decision. |
| A decision not fulfilling the criteria at (A) or (B) above may follow the same process as a key decision if, in the professional opinion of the Chief Executive or the appropriate Corporate Director, it is a matter of particular political sensitivity. | | A decision not fulfilling the criteria at (A) or (B) above may follow the same process as a key decision if, in the professional opinion of the Chief Executive or the appropriate Corporate Director, it is a matter of particular political sensitivity. |
| A decision which is the same or similar to one taken in the past (for example, the approval of a previous iteration of a plan or strategy), and does not fulfil criterions (A) or (B) above, is not a Key Decision even if the comparable previous decision was identified as a Key Decision. | | A decision which is the same or similar to one taken in the past (for example, the approval of a previous iteration of a plan or strategy), and does not fulfil criterions (A) or (B) above, is not a Key Decision even if the comparable previous decision was identified as a Key Decision. |
| n | | n | Section 11.6: Taking Key Decisions |
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| A decision taker, when making a decision may only take a Key Decision in accordance with the requirements of the Executive Procedure Rules set out in Part F of the Constitution. | | A decision taker, when making a decision may only take a Key Decision in accordance with the requirements of the Executive Procedure Rules set out in Part F of the Constitution. |
| When Key Decisions are to be made, notice of these decisions must be published in advance, in so far as they can be anticipated. If these Key Decisions are to be taken at an Executive meeting (for example Cabinet) this will generally be open for the public to attend, except for restricted agenda items which include, for example, personal, commercially sensitive or confidential matters. | | When Key Decisions are to be made, notice of these decisions must be published in advance, in so far as they can be anticipated. If these Key Decisions are to be taken at an Executive meeting (for example Cabinet) this will generally be open for the public to attend, except for restricted agenda items which include, for example, personal, commercially sensitive or confidential matters. |
| The Health and Wellbeing Board is a statutory committee under the provisions of the Health and Social Care Act 2012 but does have certain executive functions and if this Board is making a Key decision then this will be published in advance. The meeting generally is open for the public to attend, except where restricted matters are being discussed in the same way as for other Executive meetings. | | The Health and Wellbeing Board is a statutory committee under the provisions of the Health and Social Care Act 2012 but does have certain executive functions and if this Board is making a Key decision then this will be published in advance. The meeting generally is open for the public to attend, except where restricted matters are being discussed in the same way as for other Executive meetings. |
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| Part F (The Mayor and Executive) provides more detail of Executive Decision Making. | | Part F (The Mayor and Executive) provides more detail of Executive Decision Making. |
| | | Section 11.7: Executive Decision Making by Officers |
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| The Supplementary Document (Part J) contains the Corporate Scheme of Delegation which must be read in conjunction with the Council-wide Operating Procedures and Directorate Schemes of Delegation also published in the Supplementary Documents Pack (Part J). | | The Supplementary Document ( Part J ) contains the Corporate Scheme of Delegation which must be read in conjunction with the Council-wide Operating Procedures and Directorate Schemes of Delegation also published in the Supplementary Documents Pack ( Part J ). |
| 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: | | 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: |
| n | | n | Section 11.8: Non-Executive Decision Making |
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| The Council has responsibility for all Non-Executive functions and for approving the Budget and Policy Framework. The Council, as a whole, retains responsibility for regulatory functions and has a role in holding the Executive to account. The exception is some licensing functions which are discharged through a statutory licensing committee. | | The Council has responsibility for all Non-Executive functions and for approving the Budget and Policy Framework. The Council, as a whole, retains responsibility for regulatory functions and has a role in holding the Executive to account. The exception is some licensing functions which are discharged through a statutory licensing committee. |
| | | Section 11.9: Decision-Making by Council |
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| Certain decisions, such as the overall Council Budget, Council tax and the policy framework are reserved to Council. Section 7 sets out more details of how Council operates. | | Certain decisions, such as the overall Council Budget, Council tax and the policy framework are reserved to Council. Part D, Chapter 15 sets out more details of how Council operates. |
| | | Section 11.10: Decision-Making by Other Committees and Sub-Committees Established by the Council |
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| Council has established a number of other Committees and Sub-Committees to undertaken specific decision-making functions. Section 10 provides more information about the Council’s Committees. | | Council has established a number of other Committees and Sub-Committees to undertaken specific decision-making functions. Part E, Chapter 20 provides more information about the Council’s Committees. |
| | | Section 11.11: Non-Executive Decision Making by Officers |
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| n | | n | |
| 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: | | Chapter 13 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: |
| | | Section 11.12: Decision-Making by the Overview and Scrutiny Committee and Scrutiny Panels |
| The Council has established an Overview and Scrutiny Committee whose main responsibility is to review or scrutinise decisions made, or other action taken in connection with the discharge of any functions which are the responsibility of the Executive. | | The Council has established an Overview and Scrutiny Committee whose main responsibility is to review or scrutinise decisions made, or other action taken in connection with the discharge of any functions which are the responsibility of the Executive. |
| The Overview and Scrutiny Committee, and any Scrutiny Sub-Committees it appoints, will follow the Overview and Scrutiny Procedure Rules in Part G and relevant parts of the Committee Procedure Rules in Part E of this Constitution which apply to them when considering any matter. | | The Overview and Scrutiny Committee, and any Scrutiny Sub-Committees it appoints, will follow the Overview and Scrutiny Procedure Rules in Part G and relevant parts of the Committee Procedure Rules in Part E of this Constitution which apply to them when considering any matter. |
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| Part G Section 38 also sets out a summary about the Overview and Scrutiny Committee. | | Part G, Chapter 38 also sets out a summary about the Overview and Scrutiny Committee. |
| | | Section 11.13: Decision-Making by Council Bodies Acting as Tribunals |
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| The Council, any Members, Committee, Sub-Committee, Panel or an officer acting as a tribunal, or in a quasi-judicial manner, or determining/considering (other than for the purposes of giving advice) the civil rights and obligations or the criminal responsibility of any person, will follow a proper procedure which accords with the requirements of natural justice and the right to a fair trial contained in Article 6 of the European Convention on Human Rights. | | The Council, any Members, Committee, Sub-Committee, Panel or an officer acting as a tribunal, or in a quasi-judicial manner, or determining/considering (other than for the purposes of giving advice) the civil rights and obligations or the criminal responsibility of any person, will follow a proper procedure which accords with the requirements of natural justice and the right to a fair trial contained in Article 6 of the European Convention on Human Rights. |
| Council, Cabinet and Committee Structure Chart | | Council, Cabinet and Committee Structure Chart |
| The chart below sets out the three elements of the Council's decision-making structure (Cabinet/Executive, Council/Non-Executive and the Scrutiny function). It sets out the main committees and sub-committees and the links between different functions. | | The chart below sets out the three elements of the Council's decision-making structure (Cabinet/Executive, Council/Non-Executive and the Scrutiny function). It sets out the main committees and sub-committees and the links between different functions. |
| n | Detailed Responsibility for Functions List | n | Detailed Responsibility for Council Functions List |
| Section 13.1: Introduction | | Section 13.1: Introduction |
| Local Authority Functions are split between Executive Functions which are the responsibility of the Mayor and Executive and then Non-Executive Functions which are the responsibility of Council and its Committees. | | Local Authority Functions are split between Executive Functions which are the responsibility of the Mayor and Executive and then Non-Executive Functions which are the responsibility of Council and its Committees. |
| 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. | | 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. |
| Section 16.2: Membership | | Section 16.2: Membership |
| All elected Members of the Authority and the Executive Mayor. | | All elected Members of the Authority and the Executive Mayor. |
| Section 16.3: Functions | | Section 16.3: Functions |
| n | Quorum: Twelve voting Members of Council | n | Quorum: Twelve voting Members of Council Additional Information is contained in: |
| Council Procedure Rules | | Council Procedure Rules |
| Section 17.1: Annual Meeting of Council | | Section 17.1: Annual Meeting of Council |
| n | Subsection 17.1.1: | n | At the Annual Meeting, the Council will: but this is without prejudice to the right of the Council at any time to establish or dissolve any non-Executive Committee or to review its size and terms of reference. |
| | | The Mayor will lead an `Annual State of Borough` debate to provide an opportunity for a discussion on policy matters and issues affecting the Council and the Borough; the following procedure shall apply: |
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| | | In a year when there is an ordinary election of Councillors, the annual meeting will take place within 21 days of the retirement of the outgoing councillors. In any other year, the annual meeting will take place in March, April or May. The annual meeting will: |
| Section 17.2: Budget Meeting(s) | | Section 17.2: Budget Meeting(s) |
| n | Subsection 17.2.1: | n | A meeting will take place on a date decided by Council or the Chief Executive. The purpose of this meeting will be to determine the Council’s budget and set the Council Tax for the following financial year. The Budget Meeting will be conducted in accordance with the provisions of this rule. |
| | | The order of business at the Budget Meeting will be as follows:- |
| | | Rules 10 and 11 of these Rules shall not apply to the Budget Meeting. |
| | | Motions proposing amendments to the proposals shall be submitted in writing to the Monitoring Officer by no later than 5.00 p.m. on the Friday before the Budget Meeting to enable the preparation of the advice of the Chief Finance Officer and any amendments shall be circulated to the Mayor and Councillors, with any officer comments, at least 24 hours, before the meeting. |
| | | Other than amendments notified in advance as above, any Member must state the reason for urgency for their amendment and in particular why the need for the amendment could not reasonably have been foreseen prior to the deadline for submission of amendments set out in Paragraph 2.4 above and, when introducing the topic, the Speaker will remind Members of this provision. Following the above statement, the advice of the Monitoring Officer, Section 151 Officer and Chief Executive must be sought should Council wish to debate any further substantial amendment without notice. |
| | | The Speaker will remind the Councillors at the start of the meeting of the importance, where possible, of all amendments being moved at the beginning of the debate or as soon as the need for the amendment is identified; and before moving to the ‘right of reply’ and voting stage of the meeting, the Speaker will give a final invitation for any further amendments. No new amendment may be proposed once the call for the vote has commenced. |
| | | When moving the budget proposals of the Mayor and Executive, the Mayor and/or another Executive Councillor may speak for up to 10 minutes. |
| | | Once the proposals of the Executive have been moved and seconded the other Political Group Leaders (or their nominee) shall then be invited to speak for up to 5 minutes. The order of speaking shall be commensurate with the number of Councillors in each group from the Leader of the largest group to the Leader of the smallest group. Where groups are of equal size, the order of speaking shall be at the Speaker of the Council’s discretion. |
| | | During the course of their speeches Group Leaders (or their nominees) shall move any amendments they have notified prior to the deadline. |
| | | Once each Group Leader (or their nominee) has been invited to speak the Speaker of the Council shall invite any other Councillor who has notified an amendment prior to the deadline to speak for up to 3 minutes and during the course of their speech that Councillor shall move their amendment. |
| | | The Council will then debate the matters before it for consideration. The order of speakers shall be at the discretion of the Speaker of the Council. Subject to Rules 2.12 and 2.13 below, a Councillor may speak only once during the debate and in the course of their speech may address the proposals of the Executive and/or any amendment(s) that may be moved. All speeches shall be limited to a maximum of 3 minutes. |
| | | At the discretion of the Speaker of the Council a Group Leader (or their nominee) who has previously spoken in accordance with Rule 2.8 of these Procedure Rules may speak again during the general debate and any such further speech by a Group Leader (or their nominee) or any other Councillor shall be in accordance with the time limits and procedural requirements of Rule 13 of these Rules. |
| | | At the conclusion of the general debate the Mayor or on his behalf any other Executive Councillor who may have moved the proposals of the Executive may exercise a right of reply for up to 3 minutes. |
| | | The Council will then vote on any amendments that have been moved and seconded and not withdrawn, in the order in which they were moved. Each amendment shall be disposed of in turn and in its entirety. |
| | | Following the voting on all amendments Council shall make its determination. Pursuant to the Budget and Policy Framework Procedure Rules if the Council adopts the proposals of the Executive without amendment the decision shall become effective immediately. |
| | | If Council wishes to make any objection or amendment to the Executive’s proposals, it shall require the Mayor and Executive to re-consider in the light of those objections or amendments. |
| | | At the Budget Meeting Rules 12.1(k)(iii) (Motion without notice to suspend a Procedure Rule) and 24 (Suspension and amendment of Council Procedure Rules) of these Procedure Rules shall not apply. |
| Section 17.3: Ordinary Meetings | | Section 17.3: Ordinary Meetings |
| n | Subsection 17.3.1: | n | Ordinary meetings of the Council will take place in accordance with the programme below: |
| Section 17.4: Extraordinary Meetings | | Section 17.4: Extraordinary Meetings |
| n | Subsection 17.4.1: | n | Those listed below may request the Chief Executive to call extraordinary Council or Committee meetings in addition to ordinary meetings: (a) Council by resolution; (b) The Speaker; (c) The Monitoring Officer; or (d) Any 5 Councillors of Council if they have signed a requisition that has been presented to the Speaker of the Council and they have refused to call a meeting or has failed to call a meeting within 7 days of such. |
| | | When requested, the Monitoring Officer will, in consultation with the Chief Executive, call a meeting of the Council or Committee unless the Chief Executive is of the opinion that holding such a meeting would not be an efficient use of resources and the subject matter of the business can conveniently wait until the next Ordinary Meeting of the Council or Committee. |
| | | Only the business specified in the resolution, request or requisition which led to the calling of the Extraordinary Meeting can be conducted at this meeting. |
| Section 17.5: Time, Place, Postponement and Cancellations of Meetings | | Section 17.5: Time, Place, Postponement and Cancellations of Meetings |
| n | Subsection 17.5.1: | n | All Council meetings will commence at 7.00pm and take place at the Town Hall unless the Speaker or the Chair of the relevant Committee/Sub-Committee decides otherwise. This will be in consultation with the Monitoring Officer. |
| | | The Monitoring Officer in consultation with the Chief Executive is authorised to either cancel or postpone a meeting of Council if it is deemed that there is insufficient business to transact or some other appropriate reason warranting its cancellation/ postponement. |
| | | The Monitoring Officer is authorised to vary the time, date and place of any meeting where there is good justification in consultation with the Chief Executive , the Speaker, the Mayor, Chair of the Committee/Sub-Committee and other Political Group Leaders as appropriate. |
| Section 17.6: Notice of and Summons to Meetings | | Section 17.6: Notice of and Summons to Meetings |
| n | Subsection 17.6.1: | n | The Monitoring Officer will give notice to the public of the time and place of any meeting of Council in accordance with the Access to Information Procedure Rules set out in Part B, Chapter 10 of the Constitution. |
| | | At least 5 clear working days before a meeting not including the day the notice is given and the day of the meeting, the Monitoring Officer will send a summons to the Mayor and Councillors giving the date, time and place of the meeting, specify the business to be transacted, and will be accompanied by any available reports. If necessary, additional reports to the reports on the agenda will be permitted within the preceding five days to the meeting or at the meeting subject to the report setting out ‘reasons for urgency’. The Speaker must also agree to the submission of late reports. |
| Section 17.7: Chair of Meeting | | Section 17.7: Chair of Meeting |
| n | Subsection 17.7.1: | n | Participation in a Cabinet, Committee, Panel or other formal meeting by a Councillor or other person who is not an appointed Councillor or substitute Councillor of the meeting shall be at the discretion of the person chairing the meeting. |
| | | The Chair of a meeting has the final say on the interpretation of these Procedure Rules for implementation at their meeting and their decision shall not be challenged at the meeting. |
| | | The Chair of a meeting also has the discretion to vary these rules where to do so would aid democratic participation and engagement unless this would contravene any legal requirement or the Council’s Codes or Protocols. |
| Section 17.8: Quorum | | Section 17.8: Quorum |
| n | Subsection 17.8.1: | n | Subject to any specific quorum requirements set out in the terms of reference of a particular body, the quorum of a meeting will be one quarter of the whole number of Councillors or 3 voting Councillors, whichever is the greater. |
| | | Subject to any exceptions in Rule 25 , if a quorum is not reached at the scheduled start time for a meeting, the Chair/Vice-Chair shall have the discretion to extend the start time by up to 15 minutes. If a quorum is not achieved at the scheduled start time, or after any extension, the meeting will stand adjourned. |
| | | During any meeting if the Chair counts the number of Councillors present and declares there is not a quorum, then the meeting will adjourn immediately. Remaining business will be considered at a time, date and place fixed by the Speaker, Chair or Monitoring Officer. If a date is not fixed, the remaining business will be considered at the next ordinary meeting. |
| Section 17.9: Duration of Meeting | | Section 17.9: Duration of Meeting |
| n | Subsection 17.9.1: | n | All Council Meetings will end after a period of 3 hours but an extension may be agreed by resolution to extend the meeting for an additional period of up to 30 minutes. |
| | | If the business of a Council meeting has not been concluded after it has convened for 3 hours or 3½ hours (if the extension in rule 9.1 is applied), when the Councillor speaking has concluded their speech, the Chair will draw the attention of the meeting to this rule. If a matter is being debated, the debate shall immediately be concluded as if the motion, ‘That the question be now put’ had been moved and carried. |
| | | Any matters, (other than motions on notice) on the agenda that have not been dealt with by the end of the meeting shall be deemed formally moved and seconded together with amendments notified in writing to the Monitoring Officer by noon on the day of the meeting. They will be put to the meeting without any further discussion. A recorded vote under rule 16.4 will be taken, if called for and the requirements of that rule are met, on matters dealt with under this guillotine. During the process in this rule the only other matters which may be raised are points of order. When all matters have been dealt with, the Chair will declare the meeting closed. Any motions on notice under Rule 12 not dealt with before the guillotine is applied shall be deemed to have been dropped with the exception of the motions for ‘Administration and Opposition Motion Debates’ which will be voted on along with any amendments received by noon on the day of the meeting. |
| Section 17.10: Questions by Councillors | | Section 17.10: Questions by Councillors |
| n | Subsection 17.10.1: | n | A Councillor may ask the Mayor or the Chair of a Committee/Sub-Committee questions without notice about an item in a report of the Executive or of that Committee/Sub-Committee when it is being considered. |
| | | Subject to rule 10.4 , at an Ordinary meeting of Council a Councillor may ask the Speaker or the Mayor, a question about any matter in relation to which the Council has powers or duties or which affects the Borough. Questions can also be put to the Chair of any Committee/Sub-Committee in relation to any matters that is within the Committee/Sub-Committee’s remit. |
| | | Questions at an Extraordinary Council meeting must relate to a matter on that agenda only. |
| | | Questions relating to Executive functions and decisions taken by the Mayor/Cabinet will be put to and should be answered by the Mayor/Lead Member for the function. In the absence of the Mayor, the Deputy Mayor will answer questions directed to the Mayor. The Mayor should answer any questions cutting across two or more portfolios. |
| | | A Councillor may only ask a question under Rule 10.2 above if either: (a) notice in writing of the question has been given by noon at least 9 clear working days before the meeting not including the day that notice is given and the day of the meeting to the Monitoring Officer; or (b) the question relates to an urgent matter; they have the consent of the Councillor to whom the question is to be put; and the content of the question is given to The Monitoring Officer by noon on the day of the meeting; or (c) at an Extraordinary Council meeting notice in writing has been given by noon at least 2 clear working days before the meeting to The Monitoring Officer. |
| | | The Monitoring Officer may reject a question if it: (a) is not about a matter for which the local authority has a responsibility or which affects the Borough; (b) is defamatory, frivolous or offensive; is substantially the same as a question which has been put at a meeting of Council in the past 6 months; (c) requires the disclosure of confidential or exempt information; and/or (d) seeks to pursue or further a complaint against the Council, where other channels already exist for the determination of complaints. |
| | | If a question is rejected, the Councillor who submitted it will be notified in writing before the meeting and given an explanation for the rejection. |
| | | An answer may take the form of: (a) a verbal response of up to 1 minute given at the meeting; or (b) if a verbal response is not possible (for example because there is no time at the meeting) a written answer circulated to the questioner; or (c) where the desired information is in a publication of the Council or other published work, a reference to that publication; |
| | | A Councillor asking a question under Rule 10.2 may ask one supplementary question without notice, but the supplementary question must arise directly out of the original question or reply. The Speaker may reject a supplementary question on any of the grounds in Rule 10.6 above or if the question takes the form of a speech. |
| | | The provisions of 10.2 above also apply to questions about the business of a joint authority of which the Council is a partner or questions about the activities of a company or external organisation to which the Council nominates and in these cases the question is put to the Councillor who has been appointed as the Council's representative. |
| | | Questions are limited to 1 per Councillor per meeting, plus 1 supplementary question unless the Councillor has indicated that only a written reply is required and in these circumstances a supplementary question is not permitted. A question that requires an answer in respect of 2 or more points (a multi-question) is not deemed to be 1 question. |
| | | Written responses will be published after the meeting. Where a question is put at the meeting, a time limit of 1 minute shall be applied to the question and to the oral response. Supplementary questions and responses will also be time-limited to 1 minute each. |
| | | Subject to time available at the Meeting, there will be a maximum time-limit of 30 minutes on Councillors ' questions with no extension of time, and questions not dealt with in this time will be dealt with by written responses and which are to be provided within 28 days of the Meeting. Unless the Speaker decides otherwise, the order of Councillors’ questions shall alternate between the administration and one of the other Political Groups, with the questions from other Political Groups drawn in turn, starting with the largest Group. The Speaker shall have discretion, within the 30 minutes allocated for Questions, to vary the printed order of questions to allow an ‘ungrouped’ Councillor to put their question or to ensure that at least one Councillor from each Political Group has the opportunity to put a question. |
| | | Councillors will confine their contributions to questions and answers and must not make statements or attempt to debate. The Speaker will decide whether a Councillor is contravening this rule and if so will stop the Councillor concerned and move on to the next question if necessary. The Speaker’s ruling is final. |
| Section 17.11: Motions - On Notice | | Section 17.11: Motions - On Notice |
| n | Subsection 17.11.1: | n | Except for motions which can be moved without notice under Rules 12 and 14, written notice of every motion, signed by the Member of Council proposing the motion and a seconder, must be delivered to the Monitoring Officer no later than noon nine clear working days before the meeting not including the day of delivery of the notice and the day of the meeting. The notice shall specify the Council meeting for which it is submitted. For any meeting, no Member of Council may propose more than one motion by way of written notice. A Member may second as many motions as they so wish. |
| | | A Member of Council who wishes to move the suspension of this Rule to enable a motion to be debated where prior notice has not been given as above must provide a copy of the proposed motion to the Monitoring Officer at least 24 hours before the meeting. They must also state the reason for urgency before the proposal to suspend this Rule is put to the meeting. If the Speaker does not accept the reason for urgency then the Motion will not be accepted. |
| | | Ungrouped Councillors may submit a motion under paragraph 11.1 without a named seconder. |
| | | Motions will be included on the agenda in order with the Administration Motion for debate first, followed by the Opposition Motion for debate. Any remaining motions shall be placed on the agenda to alternate between the administration and the other Political Groups, with the Opposition Group motions starting with the largest Political Group not to have that meeting’s Opposition Motion Debate slot. It is for the Mayor/Administration Leader to select the Administration Motion for Debate. It is for the Leader of the relevant Opposition Group to select the Opposition Motion for debate. |
| | | A motion must be about a matter for which the Council has a responsibility or which affect the area. The Monitoring Officer may reject a motion if it: (a) is not about a matter for which the local authority has a responsibility either directly or with its partners; (b) does not contain a clear action or resolution which is within the power of the Authority to pursue; (c) is defamatory, frivolous or offensive or otherwise unsuitable; (d) is substantially the same as a motion which has been put at a meeting of the Council in the past 6 months and does not meet the requirements of Rule 13.2 ; (e) requires the disclosure of confidential or exempt information or a case which is currently under judicial scrutiny; and/or (f) seeks to pursue or further a complaint against the Council, where other channels already exist for the determination of complaints; (g) is not clear or to the point or includes repetition or does not have a clear recommendation. |
| | | If a motion is rejected the person who submitted it will be notified in writing before the meeting and given the reasons for the rejection. The Speaker of the Council may also, on the advice of the Chief Executive, refuse any motion which contravenes these requirements. |
| | | At each ordinary meeting of Council there will be specific time set aside for one Administration and one Opposition Motion debate. The following rules will apply: (a) The debates will be on the first administration and opposition motions set out in the Motions report included in the agenda; (b) Motions tabled without notice may not take the place of either of these motions; (c) Notice in writing of any amendment must be given to the Monitoring Officer by noon the day before the meeting; (d) The opposition motion debate will alternate in sequence between the opposition groups starting at the first ordinary meeting following the local elections with the largest opposition group and then going in sequence until the next local elections. Should there be changes to the number of political groups this sequence will be adjusted as necessary; (e) Both the administration and opposition motion debates will be for a maximum of 30 minutes each. (f) Standard procedures for a motion debate will apply to the debate itself (including on length of speeches and tabling amendments). (g) If the guillotine falls during or before the debate the motions and any amendments already tabled will be voted on along with any other amendments received by noon on the day before the meeting. |
| Section 17.12: Motions and Amendments - without notice | | Section 17.12: Motions and Amendments - without notice |
| n | Subsection 17.12.1: | n | Subject to Rule 11.2 the following motions and amendments may be moved without notice provided they do not contravene the requirements of Rule 11.5 above. Once such a motion or amendment has been moved, seconded and has been accepted by the Speaker it shall unless the Speaker decides otherwise be put and voted on without debate:- (a) to appoint a Chair of the meeting at which the motion is moved; (b) in relation to the accuracy of the Minutes; (c) to change the order of business in the Agenda in circumstances where the Speaker is satisfied that there are exceptional circumstances to permit such change. In addition, the Councillor seeking to change the order must address such exceptional circumstances; (d) to refer something to an appropriate body or individual; (e) to appoint a Committee or Councillor arising from an item on the summons for the meeting; (f) to receive reports and recommendations of Committees or officers and to make any decisions necessarily arising; (g) to withdraw a motion; (h) to amend a motion; (i) to proceed to the next business; (j) that the question be now put; (k) to adjourn a debate; (l) to adjourn a meeting; (m) to extend the meeting under Rule 9 : (n) to suspend a Procedure Rule to which Rule 24 applies; (o) to exclude the public in accordance with the Access to Information Procedure Rules; (p) not to hear a Councillor further because of misconduct (as set out in rule 22.2 ); (q) to require a Councillor to leave the meeting for continued improper behaviour (as set out in rule 22.3 ); (r) to give the consent of Council where its consent is required by this Constitution; and (s) To request a recorded vote in line with Procedure Rule 16 . |
| Section 17.13: Rules of Debate | | Section 17.13: Rules of Debate |
| n | Subsection 17.13.1: | n | Except for Motions submitted through Rule 11.3 , no speeches may be made after the mover has moved a proposal and explained the purpose of it until the motion has been seconded. |
| | | Unless notice of the motion has already been given in writing, the Speaker shall require any motion or amendment to a motion to be presented with enough copies for circulation to all Councillors. The Speaker can request the motion be handed to her/him so that it can be read out to Members of Council before it is discussed. |
| | | When seconding a motion or amendment, a Member of Council may reserve their speech until later in the debate. |
| | | No speech may exceed 3 minutes without the consent of the Speaker except for the proposer of any motion who shall be allowed up to 4 minutes. |
| | | Subject to these procedure rules, the order of speakers shall be determined by the Speaker. The Member of Council who wishes to speak shall indicate and shall wait until called by the Speaker. In determining the order of speakers the Speaker may take into consideration whether previous speakers have supported or opposed the motion under debate; the particular concerns of any ward councillors; and/or any notification by a political group of Members of Council of their group who wish to speak on the matter. |
| | | An amendment to a motion must be relevant to the motion and may:- (a) refer the motion to an appropriate body or individual for consideration or re-consideration; (b) leave out words; (c) leave out words and insert or add others; and/or (d) insert or add words; as long as the effect is not to completely re-write or negate the motion. |
| | | If an amendment is carried, the motion as amended takes the place of the original motion. This becomes the substantive motion to which any further amendments are moved. |
| | | After an amendment has been carried, the Speaker may choose to read out the amended motion before putting it to the vote. |
| | | A Member of Council may alter a motion of which they have given notice with the consent of the meeting. The meeting’s consent will be signified without discussion. This amendment can be at the suggestion of another Member of Council at the meeting and is often referred to as a ‘friendly amendment’. |
| | | A Member of Council may alter a motion which they have moved without notice with the consent of both the meeting and the seconder. The meeting’s consent will be signified without discussion. |
| | | Only alterations which could be made as an amendment may be made under this rule. |
| | | A Member of Council may withdraw a motion or amendment before or after they have moved it with the consent of both the meeting and the seconder. Consent will be signified without discussion. No Member of Council may speak on the motion after the mover has asked permission to withdraw it unless permission is refused. |
| | | The mover of a motion has a right to reply at the close of the debate on the motion, immediately before it is put to the vote. |
| | | If an amendment is moved, the mover of the original motion also has a right of reply at the close of debate on the amendment, but may not otherwise speak on the amendment. |
| | | Where there is a debate on a report at Council. The Member who introduces the report shall have a right of reply in the same manner as if a motion was being debated. |
| Section 17.14: Procedural Motions | | Section 17.14: Procedural Motions |
| n | Subsection 17.14.1: | n | When a motion is under debate, no other motion may be moved except the following: (a) to withdraw the motion; (b) to amend the motion; (c) to proceed to the next business; (d) that the question be now put; (e) to adjourn a debate; (f) to adjourn a meeting; (g) that the meeting continue for a further 30 minutes; (h) to exclude the press and public; (i) that a Member of Council be not further heard or to exclude the Member of Council from the meeting; and (j) To request a recorded vote in line with Procedure Rule 16 . |
| | | At the end of a speech by another Member of Council, a Member of Council may move without comment the following motions: 1. to proceed to next business; 2. that the question be now put; 3. to adjourn a debate; or 4. to adjourn a meeting. |
| | | If a motion to proceed to next business is seconded and the Speaker thinks the item under discussion has been sufficiently discussed, they will give the mover of the original motion a right of reply and then put the procedural motion to the vote. |
| | | If a motion that the question be now put is seconded and the Speaker thinks the item has been sufficiently discussed, they will put the procedural motion to the vote. If it is passed, they will give the mover of the original motion a right of reply before putting her/his motion to the vote. |
| | | If the Speaker considers that the item has not been sufficiently discussed and cannot reasonably be discussed on that occasion, they will adjourn the debate or adjourn the meeting without giving the mover of the original motion the right of reply. |
| | | A Member of Council may raise a point of order at any time and the Speaker will hear them immediately. A point of order may only relate to the alleged breach of these Council Procedure Rules or the law. The Member of Council must indicate the rule or law which must be specified at the outset and the way in which the Member of Council considers it has been broken. The ruling of the Speaker on the matter is final. |
| | | A Member of Council may make a personal explanation at any time. A personal explanation may only relate to some material part of an earlier speech by the Member of Council which may appear to have been misunderstood in the present debate. The ruling of the Speaker on the admissibility of a personal explanation is final. |
| Section 17.15: Previous Decisions and Motions | | Section 17.15: Previous Decisions and Motions |
| n | Subsection 17.15.1: | n | A motion to rescind a decision arising from a motion moved and adopted at a Council meeting within the past 6 months cannot be moved unless the notice of motion is signed by at least twenty Members of Council. |
| | | A motion or amendment in similar terms to one which has been rejected at a Council meeting within the past six months cannot be moved unless notice of motion or amendment is given signed by at least twenty Members of Council. |
| | | Once a motion or amendment to which this Rule applies has been dealt with, no Member of Council can propose a similar motion or amendment within the next four months. |
| Section 17.16: Voting | | Section 17.16: Voting |
| n | Subsection 17.16.1: | n | The Mayor and all Councillors are entitled to vote unless exempted. |
| | | Unless this Constitution (or the law) provides otherwise, any matter will be decided by simple majority of the Mayor and Councillors present. |
| | | If there are equal numbers of votes for and against, the Speaker will have a second or casting vote. There will be no restriction on how the Speaker chooses to exercise a casting vote. |
| | | Unless a recorded vote is demanded the Speaker will take the vote by a show of hands, or any other voting method that has been introduced. If there is no dissent this can be by simple affirmation of the meeting. A recorded vote must be requested before a vote is taken. |
| | | If 20 Members of Council present at the meeting request it before the vote has taken place the names for and against the motion or amendment or abstaining from voting will be taken down in writing and entered into the minutes. |
| | | In relation to any debate at a Budget Council Meeting on the authority’s budget and level of the Council Tax to be levied for each financial year, a recorded vote shall take place on any amendment that is put to the vote during that debate and on the substantive motion. Such votes to be undertaken in accordance with Procedure Rule 16.4 . |
| | | Where any Members of Council requests it immediately after a vote, their vote will be so recorded in the minutes to show whether they voted for or against the motion or abstained from voting. |
| | | If more nominations are made than there are positions available, the meeting will vote in turn on each nomination separately, in the order in which they were nominated, until the vacant position(s) are filled. Before any vote is taken the Speaker of the Council or person presiding shall establish that each candidate nominated, if present, is willing to stand. |
| Section 17.17: Petitions | | Section 17.17: Petitions |
| n | Subsection 17.17.1: | n | The Council has adopted a Petition Scheme which is included in the Constitution. All petitions are considered in accordance with that Scheme. |
| Section 17.18: Standards Advisory Committee Reports | | Section 17.18: Standards Advisory Committee Reports |
| n | Subsection 17.18.1: | n | The Chair of the Standards Advisory Committee and the Independent Person shall both be entitled to address Council on any report referred to them by the Standards Advisory Committee. |
| Section 17.19: Exclusion of the Public | | Section 17.19: Exclusion of the Public |
| n | Subsection 17.19.1: | n | Members of the public and press may only be excluded either in accordance with the Access to Information Procedure Rules set out in Part B, Chapter 10 of this Constitution or Rule 22 (Disturbance by Public) . |
| Section 17.20: Councillors' Conduct | | Section 17.20: Councillors' Conduct |
| n | Subsection 17.20.1: | n | When the Speaker of the Council stands during a debate any Councillor(s) then standing must sit down and the Council must be silent. |
| | | If a Councillor persistently disregards the ruling of the Speaker, or behaves inappropriately, offensively, or is deliberately obstructing business, the Councillor will be provided with a warning by the Speaker. If the Councillor continues to behave in any such manner, the Speaker, in consultation with the Chief Executive and the Monitoring Officer, has the authority to order the Councillor in question to leave the meeting. |
| Section 17.21: Disturbance by Public | | Section 17.21: Disturbance by Public |
| n | Subsection 17.21.1: | n | If a member of the Public interrupts proceedings or is otherwise causing an annoyance, the Speaker of the Council will warn the person concerned and, if the interruption continues, will order the person to leave the Council Chamber. This includes behaviour during filming or otherwise recording the Meeting. |
| | | If there is a general disturbance in any part of the Council Chamber open to the public the Speaker of the Council shall order that part to be cleared. |
| Section 17.22: Filming and Recording | | Section 17.22: Filming and Recording |
| n | Subsection 17.22.1: | n | Members of the press and public are permitted to film, audio record, take photographs or make use of social media (tweet/blog) at Council and Committee meetings provided that this does not disturb the business of the meeting. If a person wishes to film a particular meeting, please liaise with the Council Officer listed on the front of the Agenda prior to the start of the meeting so that the Speaker or Chair is aware and those attending the meeting can be made aware of any filming taking place. |
| | | Where a member of the press or public wish to film a meeting this must be done in accordance with the Filming Protocol set out in the Part B Chapter 8 of this Constitution. |
| Section 17.23: Webcasts, Virtual Meeting Attendance and Hybrid Committees | | Section 17.23: Webcasts, Virtual Meeting Attendance and Hybrid Committees |
| n | Subsection 17.23.1: | n | The Council will webcast most of its Council and Committee meetings for publication via the Council’s webcast portal. Cameras will be focussed on those participating in the meeting but anyone present may be filmed. |
| | | Should a technical fault occur with the webcast, the meeting will proceed as usual and any recovered footage will be posted online after the meeting. |
| | | 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: + The meeting carry on without the impacted participants. + Some or all items be deferred. + An extraordinary meeting be arranged to consider deferred items or whether they should be considered at the next planned meeting. |
| Section 17.24: Suspension and amendment of Council Procedure Rules | | Section 17.24: Suspension and amendment of Council Procedure Rules |
| n | Subsection 17.24.1: | n | Except where these rules provide otherwise, any of the Council Procedure Rules to which this Rule applies may be suspended for all or part of the business of a meeting at which suspension is moved by a motion. |
| | | Such a motion cannot be moved without notice unless at least ½ of the voting Councillors of the meeting are present. |
| | | This Rule applies to the Rules 10 to 13 and 17. |
| | | Section 17.25: SPECIFIC EXEMPTIONS APPLYING TO OTHER MEETINGS/COMMITTEES AND SUB-COMMITTEES |
| | | (a) The person presiding at a meeting of any Committee or Sub-Committee may exercise any power or duty of the Speaker of the Council in relation to the proceedings of that meeting. Where these rules apply to meetings of Committees and Sub-Committees, references to the Speaker of the Council also include the Chairs of Committees and Sub-Committees (b) Chairs of ‘Committees of Council’ will be elected the Council’s Annual Meeting. Should a post of Chair of Committee be vacant at any other time during the year it would be for Council to consider that election at its next available meeting. Should Council fail to do that then the Committee may appoint a Chair from amongst its own Members. Different rules apply to Sub-Committees, Boards and other meetings. (c) Rules 5 to 9, 13.1 to 13.3, 13.5, 13.6 and 16 to 24 apply to meetings of all Committees and Sub-Committees, except as specifically referred to below. (d) As well as allocating seats on Committees and Sub-Committees/Panels, the Council will allocate seats in the same manner for substitute Councillors. (e) For each Committee or Sub-Committee/Panel, the Council will appoint up to 3 substitute Councillors, nominated by each relevant Political Group. 159 (f) Substitute Councillors will have all the powers and duties of any ordinary Councillor of the Committee but will not be able to exercise any special powers or duties exercisable by the person they are substituting. (g) Substitute Councillors may attend meetings in that capacity only: (h) A substitute Councillor may only take the place of the ordinary Councillor for the whole of a meeting except where they are attending the Strategic Development Committee or Development Committee to consider a deferred item where they were at the previous meeting which considered that item and are there on that basis. |
| | | (a) After sitting for 3 hours, an extension may be agreed for up to a period of up to 1 hour so as to conclude the item/application under consideration, provided that the meeting does not extend beyond 11.30pm in any event. (b) Where any items on the agenda that have not been dealt with by the end of the meeting shall be dealt with either at a special meeting of the Committee/Sub-Committee convened to deal with those items or at the next normal meeting of the relevant Committee/Sub-Committee. |
| | | (a) There are no substitutes permitted for the Licensing Committee. (b) In the case of a Licensing Committee/Sub-Committee meeting being inquorate after 15 minutes the legal adviser has the authority |
| Budget and Policy Framework List | | Budget and Policy Framework List |
| Section 18.1: Policy Framework | | Section 18.1: Policy Framework |
| The policy framework means the following plans and strategies required to be approved by Council. The table below shows those plans and strategies that are required by statute or the Council to be included in its policy framework: With the exception of the Development Plan documents, any plans, strategies, policies or schemes which support a policy framework document will not also be part of the Budget and Policy Framework unless the principal document specifies that it is. | | The policy framework means the following plans and strategies required to be approved by Council. The table below shows those plans and strategies that are required by statute or the Council to be included in its policy framework: With the exception of the Development Plan documents, any plans, strategies, policies or schemes which support a policy framework document will not also be part of the Budget and Policy Framework unless the principal document specifies that it is. |
| Where Council wishes to amend the Executive’s proposals it may, by a majority vote, send the budget, plan or strategy back to the Executive, who must consider whether or not to make any amendments before re-submitting the item to Council. | | Where Council wishes to amend the Executive’s proposals it may, by a majority vote, send the budget, plan or strategy back to the Executive, who must consider whether or not to make any amendments before re-submitting the item to Council. |
| When the item is re-submitted, if Council still wishes to amend the proposals, it can do so providing there are at least two-thirds of the Councillors present and voting at the meeting in favour of the amendment(s). Where a two-thirds majority in favour of Council’s amendment(s) is not achieved, then the Executive’s proposals stand agreed and shall be deemed to be adopted by the Authority. | | When the item is re-submitted, if Council still wishes to amend the proposals, it can do so providing there are at least two-thirds of the Councillors present and voting at the meeting in favour of the amendment(s). Where a two-thirds majority in favour of Council’s amendment(s) is not achieved, then the Executive’s proposals stand agreed and shall be deemed to be adopted by the Authority. |
| Section 19.2: The Framework for Executive Decisions | | Section 19.2: The Framework for Executive Decisions |
| n | Council will be responsible for the adoption of its budget and policy framework as set out in Section 28. In relation to the budget and the plans and strategies listed in Section 7:- | n | Council will be responsible for the adoption of its budget and policy framework as set out in Chapter 18 . In relation to the budget and the plans and strategies listed in Chapter 18 :- |
| Section 19.3: Process for Developing the Framework | | Section 19.3: Process for Developing the Framework |
| The process by which the budget and policy framework shall be developed is: | | The process by which the budget and policy framework shall be developed is: |
| Section 19.4: Decisions Outside the Budget or Policy Framework | | Section 19.4: Decisions Outside the Budget or Policy Framework |
| n | Subject to the provisions of Rule 5 (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 Rule 4 below. | n | 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 Section 19.5 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 Rule 4 (urgent decisions outside the budget and policy framework) shall apply. | | 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. |
| Section 19.5: Urgent Decisions Outside the Budget or Policy Framework | | Section 19.5: Urgent Decisions Outside the Budget or Policy Framework |
| The Mayor, Executive, a Committee of the Executive, an officer or joint arrangements may take a decision which is contrary to the Council’s policy framework or contrary to or not wholly in accordance with the budget approved by Council if the decision is a matter of urgency. However, the decision may only be taken: | | The Mayor, Executive, a Committee of the Executive, an officer or joint arrangements may take a decision which is contrary to the Council’s policy framework or contrary to or not wholly in accordance with the budget approved by Council if the decision is a matter of urgency. However, the decision may only be taken: |
| The reasons why it is not practicable to convene a quorate meeting of Council and the Chair of the Overview and Scrutiny Committee’s consent to the decision being taken as a matter of urgency must be noted on the record of the decision. In the absence of the Chair of the Overview and Scrutiny Committee, the consent of the Speaker, and in the absence of both, the Deputy Speaker, will be sufficient. | | The reasons why it is not practicable to convene a quorate meeting of Council and the Chair of the Overview and Scrutiny Committee’s consent to the decision being taken as a matter of urgency must be noted on the record of the decision. In the absence of the Chair of the Overview and Scrutiny Committee, the consent of the Speaker, and in the absence of both, the Deputy Speaker, will be sufficient. |
| Following the decision, the decision taker will provide a full report to the next available Council meeting explaining the decision, the reasons for it and why the decision was treated as a matter of urgency. | | Following the decision, the decision taker will provide a full report to the next available Council meeting explaining the decision, the reasons for it and why the decision was treated as a matter of urgency. |
| Section 19.6: Virement | | Section 19.6: Virement |
| Steps taken by the Mayor, the Executive, a Committee of the Executive, an officer, or joint arrangements to implement Council policy shall not exceed the budgets allocated to each relevant budget head. However, such bodies or individuals shall be entitled to vire across budget heads within the limits laid down in the Financial Procedure Rules. Beyond those limits, approval to any virement across budget heads shall require the approval of the Council. | | Steps taken by the Mayor, the Executive, a Committee of the Executive, an officer, or joint arrangements to implement Council policy shall not exceed the budgets allocated to each relevant budget head. However, such bodies or individuals shall be entitled to vire across budget heads within the limits laid down in the Financial Procedure Rules. Beyond those limits, approval to any virement across budget heads shall require the approval of the Council. |
| n | Section 19.7: In-Year Changes to Policy Framework | n | Section 19.7: In-Year Changes to Budget and Policy Framework |
| The responsibility for agreeing the budget and policy framework lies with Council, and decisions by the Mayor, the Executive, a Committee of the Executive, officers, or joint arrangements must be in line with it. No changes to any budget, plan or strategy which comprises part of the budget and policy framework may be made by those bodies or individuals except those changes: | | The responsibility for agreeing the budget and policy framework lies with Council, and decisions by the Mayor, the Executive, a Committee of the Executive, officers, or joint arrangements must be in line with it. No changes to any budget, plan or strategy which comprises part of the budget and policy framework may be made by those bodies or individuals except those changes: |
| Section 19.8: Call-In of Decisions Outside the Budget or Policy Framework | | Section 19.8: Call-In of Decisions Outside the Budget or Policy Framework |
| Where the Overview and Scrutiny Committee is of the opinion that an executive decision is, or if made would be, contrary to the policy framework, or contrary to or not wholly in accordance with Council’s budget, then it shall seek advice from the Monitoring Officer and/or Chief Finance Officer. | | Where the Overview and Scrutiny Committee is of the opinion that an executive decision is, or if made would be, contrary to the policy framework, or contrary to or not wholly in accordance with Council’s budget, then it shall seek advice from the Monitoring Officer and/or Chief Finance Officer. |
| n | Where the Overview and Scrutiny Committee is of the opinion that an executive decision is, or if made would be, contrary to the policy framework, or contrary to or not wholly in accordance with Council’s budget, then it shall seek advice from the Monitoring Officer and/or Chief Finance Officer. | n | In respect of functions which are the responsibility of the Mayor or the Executive, the report of the Monitoring Officer and/or Chief Finance Officer shall be to the Mayor and Executive with a copy to every Member of the Council. Regardless of whether the decision is delegated or not, the Executive must meet within twenty-one days of receiving the report to decide what action to take in respect of the Monitoring Officer’s or Chief Finance Officer's report and to prepare a report to Council in the event that the Monitoring Officer or the Chief Finance Officer conclude that the decision was a departure, and to the Overview and Scrutiny Committee if the Monitoring Officer or the Chief Finance Officer conclude that the decision was not a departure. |
| If the decision has yet to be made, or has been made but not yet implemented, and the advice from the Monitoring Officer and/or the Chief Finance Officer is that the decision is or would be contrary to the policy framework or contrary to or not wholly in accordance with the budget, the Overview and Scrutiny Committee may refer the matter to Council. In such cases, no further action will be taken in respect of the decision or its implementation until Council has met and considered the matter. Council shall meet within twenty-one days of the request from the Overview and Scrutiny Committee (or within twenty-eight days if a meeting of Council is scheduled within that period). At the meeting Council will receive a report of the decision or proposals and the advice of the Monitoring Officer and/or the Chief Finance Officer. | | If the decision has yet to be made, or has been made but not yet implemented, and the advice from the Monitoring Officer and/or the Chief Finance Officer is that the decision is or would be contrary to the policy framework or contrary to or not wholly in accordance with the budget, the Overview and Scrutiny Committee may refer the matter to Council. In such cases, no further action will be taken in respect of the decision or its implementation until Council has met and considered the matter. Council shall meet within twenty-one days of the request from the Overview and Scrutiny Committee (or within twenty-eight days if a meeting of Council is scheduled within that period). At the meeting Council will receive a report of the decision or proposals and the advice of the Monitoring Officer and/or the Chief Finance Officer. |
| Council may either: | | Council may either: |
| n | If Council does not meet, the decision will become effective on the date of Council or expiry of the period in which Council should have been held, whichever is the earlier: providing that the Monitoring Officer and/or the Chief Finance Officer is/are satisfied that the decision is within the budget and policy framework or falls within Rules 6.1(a) – 6.1(d). | n | If Council does not meet, the decision will become effective on the date of Council or expiry of the period in which Council should have been held, whichever is the earlier: providing that the Monitoring Officer and/or the Chief Finance Officer is/are satisfied that the decision is within the budget and policy framework or falls within Section 19.7, list items 1 to 4 . |
| | | The decision of the Monitoring Officer and/or Chief Finance Officer is final. |
| Section 19.9: Suspension | | Section 19.9: Suspension |
| Provided it is not contrary to law, these rules may be suspended by Council or, in so far as they are applicable to either body, the Cabinet or the Overview and Scrutiny Committee. | | Provided it is not contrary to law, these rules may be suspended by Council or, in so far as they are applicable to either body, the Cabinet or the Overview and Scrutiny Committee. |
| Committees and Joint Arrangements | | Committees and Joint Arrangements |
| Introduction to Regulatory and Non-Executive Committees | | Introduction to Regulatory and Non-Executive Committees |
| n | Council will establish a number of Committees, Sub-Committees, Boards and Panels with delegated powers and/or responsibility for various functions of the Council including to discharge the functions described in the “Responsibility for Functions” information also in Part D. (These can be seen in the Structure Chart in Section 3 of the Constitution.) | n | Council will establish a number of Committees, Sub-Committees, Boards and Panels with delegated powers and/or responsibility for various functions of the Council including to discharge the functions described in the “Responsibility for Functions” information also in Part C Chapter 13 . (These Committees can be seen in the Structure Chart in Section 3 of the Constitution.) |
| The following Committees have been established at this time (note – where a Committee of the Council has a permanent Sub-Committee which meets regularly, this is also set out below underneath its parent committee): | | The following Committees have been established at this time (note – where a Committee of the Council has a permanent Sub-Committee which meets regularly, this is also set out below underneath its parent committee): |
| NOTE - Information about the Overview and Scrutiny Committee and Scrutiny Sub-Committees is set out in Part G Overview and Scrutiny | | NOTE - Information about the Overview and Scrutiny Committee and Scrutiny Sub-Committees is set out in Part G Overview and Scrutiny |
| This Part of the Constitution sets out more details for these Committees including General Committee Procedure Rules, Terms of References and any related committee-specific procedure. | | This Part of the Constitution sets out more details for these Committees including General Committee Procedure Rules, Terms of References and any related committee-specific procedure. |
| The also has a responsibility to consider and determine matters under Section 2 of the Schedule 3 to the Local Government (Miscellaneous Provisions) Act 1982 regarding the control of sex establishments within the borough. It also considers and determines matters under the London Local Authorities Act 1991 in respect of premises providing or wishing to provide special treatments within the borough where objections have been received and not withdrawn. | | The also has a responsibility to consider and determine matters under Section 2 of the Schedule 3 to the Local Government (Miscellaneous Provisions) Act 1982 regarding the control of sex establishments within the borough. It also considers and determines matters under the London Local Authorities Act 1991 in respect of premises providing or wishing to provide special treatments within the borough where objections have been received and not withdrawn. |
| The establishes to consider Alcohol and Entertainment Licensing matters under the Licensing Act 2003. | | The establishes to consider Alcohol and Entertainment Licensing matters under the Licensing Act 2003. |
| The meetings are an opportunity for councillors to make a decision based on the points of view of all relevant parties. | | The meetings are an opportunity for councillors to make a decision based on the points of view of all relevant parties. |
| n | The Licensing Code of Conduct is at Part C Section 34. | n | The Licensing Code of Conduct is at Part E, Section 25. |
| Section 25.2: Licensing Committee Terms of Reference | | Section 25.2: Licensing Committee Terms of Reference |
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| n | The Committee is responsible for overseeing the discharge of all licensing functions of the Council as the licensing authority under the provisions of the Licensing Act 2003 and the Gambling Act 2005 (with the exception of the adoption and publication of the Council’s Statement of Licensing Policy and the adoption and publication of the Council’s Statement of Principles for Gambling and any resolution not to permit casinos, which are functions of the Council). References to the Licensing Act 2003 and Gambling Act 2005 in these terms of reference include any amendments, regulations made under them, and any other relevant legislation. | n | The Committee is responsible for overseeing the discharge of all licensing functions of the Council as the licensing authority under the provisions of the Licensing Act 2003 and the Gambling Act 2005 (with the exception of the adoption and publication of the Council’s Statement of Licensing Policy and the adoption and publication of the Council’s Statement of Principles for Gambling and any resolution not to permit casinos, which are functions of the Council). References to the Licensing Act 2003 and Gambling Act 2005 in these terms of reference include any amendments, regulations made under them, and any other relevant legislation. |
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| n | As a body established under the 2003 and 2005 Acts, the Committee is not required to follow proportionality rules. However, the Council has agreed that it should have the same Membership and Chair as the Licensing Regulatory Committee. | n | As a body established under the 2003 and 2005 Acts, the Committee is not required to follow proportionality rules. However, the Council has agreed that it should have the same Membership and Chair as the Licensing Regulatory Committee. |
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| n | 4 Members of the Committee | n | 3 Members of the Committee Additional Information: |
| Section 25.3: Licensing Sub-Committee Terms of Reference | | Section 25.3: Licensing Sub-Committee Terms of Reference |
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| n | The Licensing Sub-Committee has been established by the Licensing Committee to determine all applications under the Licensing Act 2003 and the Gambling Act 2005 as set out in the table of functions below where an objection or relevant representation has been made. | n | The Licensing Sub-Committee has been established by the Licensing Committee to determine all applications under the Licensing Act 2003 and the Gambling Act 2005 as set out in the table of functions below where an objection or relevant representation has been made. |
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| n | The Licensing Sub Committee shall be made up of any three Members of the Licensing Committee and Sub-Committee Chairs are designated members of the Licensing Committee and appointed by the Licensing Committee. | n | The Licensing Sub Committee shall be made up of any three Members of the Licensing Committee and Sub-Committee Chairs are designated members of the Licensing Committee and appointed by the Licensing Committee. |
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| n | : 3 Members of the Licensing Committee | n | |
| | | : 3 Members of the Licensing Committee |
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| Section 25.4: Licensing Regulatory Committee Terms of Reference | | Section 25.4: Licensing Regulatory Committee Terms of Reference |
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| n | To exercise all licensing and registration functions (including the setting of fees as appropriate) to the extent they are not the responsibility of the Licensing Committee. | n | This sub-committee of the Licensing Committee meets to determine a number of licensing matters such as to grant, review or vary a license submitted under the Licensing Act 2003. |
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| n | 15 Members of the Council. No substitute members may be appointed for this committee. The Chair and Vice-Chair of the Licensing Regulatory Committee shall be identical to those of the Licensing Committee. | n | To exercise all licensing and registration functions (including the setting of fees as appropriate) to the extent they are not the responsibility of the Licensing Committee. |
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| n | : 4 Members of the Committee | n | 15 Members of the Council. No substitute members may be appointed for this committee. The Chair and Vice-Chair of the Licensing Regulatory Committee shall be identical to those of the Licensing Committee. |
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| | | 4 Members of the Committee |
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| Section 25.5: Licensing Committee – Rules of Procedure governing applications for premises licenses and other permissions under the Licensing Act 2003 | | Section 25.5: Licensing Committee – Rules of Procedure governing applications for premises licenses and other permissions under the Licensing Act 2003 |
| n | Subsection 25.5.1: | n | Subsection 25.5.1: Interpretation |
| Subsection 25.5.2: | | Subsection 25.5.2: Composition of Sub-Committee |
| Subsection 25.5.3: | | Subsection 25.5.3: Procedure |
| Subsection 25.5.4: | | Subsection 25.5.4: Exclusions |
| Section 25.6: Licensing Committee – Rules of Procedure Governing Applications for Sex Establishment Licenses under Section 2 of and Schedule 3 to the Local Government (Miscellaneous Provisions) Act 1982 | | Section 25.6: Licensing Committee – Rules of Procedure Governing Applications for Sex Establishment Licenses under Section 2 of and Schedule 3 to the Local Government (Miscellaneous Provisions) Act 1982 |
| n | Subsection 25.6.1: | n | Subsection 25.6.1: Interpretation |
| Subsection 25.6.2: | | Subsection 25.6.2: Composition of Sub-Committee |
| Subsection 25.6.3: | | Subsection 25.6.3: Procedure |
| Subsection 25.6.4: | | Subsection 25.6.4: Exclusions |
| Section 25.7: Licensing Code of Conduct | | Section 25.7: Licensing Code of Conduct |
| n | INTRODUCTION | n | |
| Subsection 25.7.1: | | Subsection 25.7.1: INTRODUCTION |
| Subsection 25.7.2: | | Subsection 25.7.2: HUMAN RIGHTS ACT |
| Subsection 25.7.3: | | Subsection 25.7.3: QUASI-JUDICIAL HEARINGS |
| Subsection 25.7.4: | | Subsection 25.7.4: PREDISPOSITION, PREDETERMINATION OR BIAS |
| Subsection 25.7.5: | | Subsection 25.7.5: INTERESTS |
| Subsection 25.7.6: | | Subsection 25.7.6: Training of Councillors |
| Subsection 25.7.7: | | Subsection 25.7.7: Application by a Councillor or Officer |
| Subsection 25.7.8: | | Subsection 25.7.8: APPLICATION BY THE COUNCIL (OR WHERE THE COUNCIL IS THE LANDOWNER) |
| Subsection 25.7.9: | | Subsection 25.7.9: LOBBYING |
| Subsection 25.7.10: | | Subsection 25.7.10: PRE HEARING DISCUSSIONS |
| Subsection 25.7.11: | | Subsection 25.7.11: SITE VISITS |
| Subsection 25.7.12: | | Subsection 25.7.12: RELATIONSHIP BETWEEN COUNCILLORS AND OFFICERS |
| Subsection 25.7.13: | | Subsection 25.7.13: CONDUCT AT THE HEARING |
| Subsection 25.7.14: | | Subsection 25.7.14: COUNCILLORS WHO ARE NOT ON THE COMMITTEE |
| Subsection 25.7.15: | | Subsection 25.7.15: MAKING THE DECISION |
| Subsection 25.7.16: | | Subsection 25.7.16: APPEALS |
| Subsection 25.7.17: | | Subsection 25.7.17: RECORD KEEPING |
| Subsection 25.7.18: | | Subsection 25.7.18: SUMMARY DOS AND DO NOT'S |
| | | Subsection 25.7.19: PROCEDURE NOTES |
| Pensions Committee | | Pensions Committee |
| Section 26.1: Introduction | | Section 26.1: Introduction |
| The Pensions Committee undertakes required responsibilities in relation to the Local Government Pensions Scheme. | | The Pensions Committee undertakes required responsibilities in relation to the Local Government Pensions Scheme. |
| Section 26.2: Terms of Reference | | Section 26.2: Terms of Reference |
| n | | n | To consider pension matters and meet the obligations and the duties of the Council under the Superannuation Act 1972 and the various statutory requirements in respect of investment matters. |
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| n | | n | 7 Councillors, 1 representative of the Admitted Bodies and 1 Trade Union representative. The Admitted Body and Trade Union representatives will be non-voting members of the Committee. |
| To consider pension matters and meet the obligations and the duties of the Council under the Superannuation Act 1972 and the various statutory requirements in respect of investment matters. | | Members of the Pensions Committee including co-opted members, are required to declare any interests that they have in relation to the Pension Fund or items on the agenda at the commencement of the meeting. |
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| 7 Councillors, 1 representative of the Admitted Bodies and 1 Trade Union representative. The Admitted Body and Trade Union representatives will be non-voting members of the Committee. | | |
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| Members of the Pensions Committee including co-opted members, are required to declare any interests that they have in relation to the Pension Fund or items on the agenda at the commencement of the meeting. | | |
| Table of Functions | | Table of Functions |
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| n | 3 Members of the Committee | n | 3 Members of the Committee |
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| At least four times a year in the ordinary course of business and additional meetings may be arranged as required to facilitate work. Work for the year will be agreed with the Committee to include dedicated training sessions for Committee members. | | At least four times a year in the ordinary course of business and additional meetings may be arranged as required to facilitate work. Work for the year will be agreed with the Committee to include dedicated training sessions for Committee members. |
| | | Section 26.3: Procedure Details |
| | | The Council decides the composition and makes appointments to the Pensions Committee. Currently the membership of the Pensions Committee is a minimum of 7 elected Members from Tower Hamlets Council on a politically proportionate basis and the Pensions Committee will elect a Chair and Vice Chair. All Tower Hamlets Council elected Members have voting rights on the Committee and three voting members of the Committee are required to be able to deem the meeting quorate. |
| | | In addition there are two co-opted non-voting members representing employer and Scheme member interests. Although the co-opted representatives do not have voting rights they are treated as equal members of the Committee, they have access to all Committee Advisers, officers, meetings and training as if they were Council Members and have the opportunity to contribute to the decision making process. |
| | | Voting rights are restricted to elected Members as they are deemed to be fulfilling the role of Trustees as the Pension Fund with all the legal responsibilities that this entails, it was not felt appropriate to apply the same legal definition to the lay members of the Committee and hence their role as non-voting members. |
| | | Agendas for meetings will be agreed with the Chair and will be circulated with supporting papers to all members of the Committee, officers of the Council as appropriate and the Fund's Investment Advisor. |
| | | Notice of meetings and provision of agendas and other papers will comply with the Access to Information Procedure Rules. |
| Standards Advisory Committee | | Standards Advisory Committee |
| Section 27.1: Introduction | | Section 27.1: Introduction |
| In accordance with the requirements of the Localism Act 2011 the Council has adopted a Code of Conduct for Members together with arrangements for dealing with any complaint of a breach of the Code including the appointment of an Independent Person. The Code of Conduct and the arrangements for dealing with any complaint of a breach of the Code are set out at Part C, Section 31 of this Constitution. | | In accordance with the requirements of the Localism Act 2011 the Council has adopted a Code of Conduct for Members together with arrangements for dealing with any complaint of a breach of the Code including the appointment of an Independent Person. The Code of Conduct and the arrangements for dealing with any complaint of a breach of the Code are set out at Part C, Section 31 of this Constitution. |
| In order to promote and maintain high standards of conduct, the Council at its Annual Meeting will establish a Standards Advisory Committee using its powers under section 102(4) of the Local Government Act 1972. | | In order to promote and maintain high standards of conduct, the Council at its Annual Meeting will establish a Standards Advisory Committee using its powers under section 102(4) of the Local Government Act 1972. |
| The Standards Advisory Committee shall have the power to create sub-committees in order to discharge its advisory role. | | The Standards Advisory Committee shall have the power to create sub-committees in order to discharge its advisory role. |
| The Standards Advisory Committee’s composition shall be set out in its Terms of Reference. It includes Councillors and Independent Co-opted Members (but may not include the Mayor or more than one Cabinet Member). | | The Standards Advisory Committee’s composition shall be set out in its Terms of Reference. It includes Councillors and Independent Co-opted Members (but may not include the Mayor or more than one Cabinet Member). |
| n | The Standards Advisory Committee has a set of procedures which govern its arrangements. These are set out Part B Section 19 and the Supplementary Documents Pack Section S13. | n | The Standards Advisory Committee has a set of procedures which govern its arrangements. These are set out in Part E, Section 27 and the Supplementary Documents Pack Section S13. |
| The Council has appointed two statutory Independent Persons to assist in dealing with complaints of alleged breach of the Code of Conduct for Members under section 28(7) of the Localism Act 2011. They are not co-opted member of the Standards Advisory Committee but may attend and observe any meeting of the Committee or a sub-committee established by it. | | The Council has appointed two statutory Independent Persons to assist in dealing with complaints of alleged breach of the Code of Conduct for Members under section 28(7) of the Localism Act 2011. They are not co-opted member of the Standards Advisory Committee but may attend and observe any meeting of the Committee or a sub-committee established by it. |
| n | | n | Section 27.2: Standards Advisory Committee Terms of Reference |
| Section 27.2: Hearings Advisory Sub-Committee Terms of Reference | | Section 27.3: Hearings Advisory Sub-Committee Terms of Reference |
| Section 27.3: TO DELETE - Standards Advisory Committee Procedures | | |
| Subsection 27.3.1: | | |
| Subsection 27.3.2: | | |
| Subsection 27.3.3: | | |
| Subsection 27.3.4: | | |
| Subsection 27.3.5: | | |
| Strategic Development and Development Committees | | Strategic Development and Development Committees |
| Section 28.1: Introduction | | Section 28.1: Introduction |
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| n | Tower Hamlets Council is a local planning authority for its area. Local Planning Authorities must make a Local Plan for their area and make decisions on planning applications for new development that are submitted. | n | Tower Hamlets Council is a local planning authority for its area. Local Planning Authorities must make a Local Plan for their area and make decisions on planning applications for new development that are submitted. |
| The executive Mayor, Cabinet and full Council are responsible for decisions about the Council's Local Plan. Most decisions on planning applications are made by senior planning officers under powers that are delegated to them. Applications for the largest scale developments or those which have attracted significant public interest are determined by one of the Council's two planning committees - the and the . The terms of reference for both committees are set out below. | | The executive Mayor, Cabinet and full Council are responsible for decisions about the Council's Local Plan. Most decisions on planning applications are made by senior planning officers under powers that are delegated to them. Applications for the largest scale developments or those which have attracted significant public interest are determined by one of the Council's two planning committees - the and the . The terms of reference for both committees are set out below. |
| Section 28.2: Development Committee Terms of Reference | | Section 28.2: Development Committee Terms of Reference |
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| n | | n | |
| To determine applications for planning permission and listed building consent which have triggered over 20 representations (for or against) and/or that meet certain criteria with regards to size amongst other issues. Note that certain applications exceed the remit of the Development Committee and these are considered by the Strategic Development Committee. | | To determine applications for planning permission and listed building consent which have triggered over 20 representations (for or against) and/or that meet certain criteria with regards to size amongst other issues. Note that certain applications exceed the remit of the Development Committee and these are considered by the Strategic Development Committee. |
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| n | 7 Councillors | n | 7 Councillors (each political group may appoint up to 3 substitutes). |
| Note - It shall be for the Corporate Director, Housing and Regeneration to determine whether a matter meets any of the above criteria. | | Note - It shall be for the Corporate Director, Housing and Regeneration to determine whether a matter meets any of the above criteria. |
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| n | 3 Members of the Committee | n | 3 Members of the Committee |
| Section 28.3: Strategic Development Committee Terms of Reference | | Section 28.3: Strategic Development Committee Terms of Reference |
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| n | To determine larger-scale major or strategic planning matters, within and exceeding the remit of the Development Committee in terms of size and scale amongst other issues. | n | To determine larger-scale major or strategic planning matters, within and exceeding the remit of the Development Committee in terms of size and scale amongst other issues. |
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| n | 9 Councillors | n | 9 Councillors |
| Note - It shall be for the Corporate Director, Housing and Regeneration to determine whether a matter meets any of the above criteria. | | Note - It shall be for the Corporate Director, Housing and Regeneration to determine whether a matter meets any of the above criteria. |
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| n | 3 Members of the Committee | n | 3 Members of the Committee |
| Section 28.4: Council Guidelines for Determining Planning Applications under the Town and Country Planning Act 1990 | | Section 28.4: Council Guidelines for Determining Planning Applications under the Town and Country Planning Act 1990 |
| Section 28.5: Strategic Development Committee / Development Committee - Development Procedure Rules | | Section 28.5: Strategic Development Committee / Development Committee - Development Procedure Rules |
| Subsection 28.5.1: SCOPE | | Subsection 28.5.1: SCOPE |
| Subsection 30.6.3: Table of Functions | | Subsection 30.6.3: Table of Functions |
| Subsection 30.6.4: Quorum | | Subsection 30.6.4: Quorum |
| Joint Committees Involving Members | | Joint Committees Involving Members |
| n | As set out in more detail in Section 12, the Council may establish joint arrangements with one or more local authorities and/or their Executives to exercise functions in any of the participating authorities, or advise the Council on any matter. Such arrangements may involve the appointment of a joint Committee with these other local authorities and/or their Executives. | n | |
| The Mayor or Executive may only appoint Executive Members to a join Committee except where: | | |
| Terms of Reference for the Council’s Joint Committees are set out below. | | |
| Section 31.1: JOINT ARRANGEMENTS AND PARTNERSHIP WORKING | | Section 31.1: JOINT ARRANGEMENTS AND PARTNERSHIP WORKING |
| n | | n | As set out in more detail in Chapter 13 , the Council, or any officer delegated under the Council's Scheme of Delegation, may establish joint arrangements with one or more local authorities and/or their Executives to exercise functions in any of the participating authorities, or advise the Council on any matter. Such arrangements may involve the appointment of a joint Committee with these other local authorities and/or their Executives. |
| The Council or the Executive in order to promote or improve the economic, social or environmental well-being of the whole or any part of the borough, may: | | The Council or the Executive in order to promote or improve the economic, social or environmental well-being of the whole or any part of the borough, may: |
| n | The Council, or any officer delegated under the Council’s Scheme of Delegation, may establish joint arrangements with one or more local authorities and/or their Executives to exercise functions in any of the participating authorities, or advise the Council on any matter. Such arrangements may involve the appointment of a joint Committee with these other local authorities and/ or their Executives. | n | |
| The Mayor or Executive may establish joint arrangements with one or more local authorities to exercise functions that are executive functions. Such arrangements may involve the appointment of joint Committees with these other local authorities and/ or their Executives. | | The Mayor or Executive may establish joint arrangements with one or more local authorities to exercise functions that are executive functions. Such arrangements may involve the appointment of joint Committees with these other local authorities and/ or their Executives. |
| The Mayor or Executive may only appoint Executive Members to a joint Committee except where: | | The Mayor or Executive may only appoint Executive Members to a joint Committee except where: |
| Every person appointed to the joint committee by the Executive may be a member of the Executive or of the Council. | | Every person appointed to the joint committee by the Executive may be a member of the Executive or of the Council. |
| The political balance requirements do not apply to the appointments in 4 and 5 above. | | The political balance requirements do not apply to the appointments in 4 and 5 above. |
| n | Pursuant to section 101 of the Local Government Act 1972 and section 9EB of the Local Government Act 2000 the Council is a member of a number of joint committees under the umbrella of London Councils (formerly known as the Association of London Government or the ALG). These are- | n | Section 101 of the Local Government Act 1972 and section 9EB of the Local Government Act 2000 permit the Council to participate in joint committees. The Council is a Member of joint committees under the umbrella of London Councils (formerly known as the Association of London Government or the ALG). These are- |
| Additionally, the Council is also a member of the following joint committees: | | Additionally, the Council is also a member of the following joint committees: |
| n | These Joint Committees shall have delegated authority to discharge the functions of the Council as per the terms of reference for these joint committees as set out in Part B of this Constitution. | n | These Joint Committees shall have delegated authority to discharge the functions of the Council as per the terms of reference for these joint committees as set out in Part E, Chapter 31 of this Constitution. |
| | | Further information, including Terms of Reference for Joint Bodies involving Members are set out below. |
| Access to information rules are contained in the Access to Information Procedure Rules in Part B of the Constitution. | | Access to information rules are contained in the Access to Information Procedure Rules in Part B, Chapter 10 of the Constitution. |
| If all the members of any joint Committee are Members of the Executive in each of the participating authorities then its access to information regime is the same as that applied to the Executive. | | If all the members of any joint Committee are Members of the Executive in each of the participating authorities then its access to information regime is the same as that applied to the Executive. |
| If the joint Committee contains Members who are not on the Executive of any participating authority the access to information rules in Part V of the Local Government Act 1972 will apply. | | If the joint Committee contains Members who are not on the Executive of any participating authority the access to information rules in Part V of the Local Government Act 1972 will apply. |
| The Council or the Mayor or Executive or any officer delegated under the Council’s Scheme of Delegation may delegate their powers and functions to another local authority or, in certain circumstances, the Executive of another local authority. | | The Council or the Mayor or Executive or any officer delegated under the Council’s Scheme of Delegation may delegate their powers and functions to another local authority or, in certain circumstances, the Executive of another local authority. |
| n | The decision whether or not to accept such a delegation from another local authority shall be for Council or the Mayor or Executive or officer delegated under the Council’s Scheme of Delegation as appropriate depending upon whether or not the powers or functions are the responsibility of the Executive. | n | The decision whether or not to accept such a delegation from another local authority shall be for Council or the Mayor or Executive or officer delegated under the Council’s Scheme of Delegation as appropriate depending upon how the relevant power or function is assigned or delegated in the authority. |
| The Mayor or Executive may contract out to another body or organisation functions which may be exercised by an officer and which are subject to an order under section 70 of the Deregulation and Contracting Out Act 1994, or under contracting arrangements where the contractor acts as the Council’s agent under usual contracting principles, providing there is no delegation of the Council’s discretionary decision making. | | The Mayor or Executive may contract out to another body or organisation functions which may be exercised by an officer and which are subject to an order under section 70 of the Deregulation and Contracting Out Act 1994, or under contracting arrangements where the contractor acts as the Council’s agent under usual contracting principles, providing there is no delegation of the Council’s discretionary decision making. |
| The Tower Hamlets Strategic Partnership brings together all of the key stakeholders in the borough – residents, the Mayor and Council, Police, the health service, other public services, voluntary and community groups, faith communities and businesses – with the aim of working together to improve the quality of life of people who live and work in the borough. The Council provides support for the administration of the Partnership but the Partnership is independent of the local authority. | | The Tower Hamlets Strategic Partnership brings together all of the key stakeholders in the borough – residents, the Mayor and Council, Police, the health service, other public services, voluntary and community groups, faith communities and businesses – with the aim of working together to improve the quality of life of people who live and work in the borough. The Council provides support for the administration of the Partnership but the Partnership is independent of the local authority. |
| The Partnership delivers its vision through The Tower Hamlets Plan 2018-23, which has the key objective - tackling inequality by building a strong, inclusive and fair borough – as well as four themes: | | The Partnership delivers its vision through The Tower Hamlets Plan 2018-23, which has the key objective - tackling inequality by building a strong, inclusive and fair borough – as well as four themes: |
| n | | n | |
| – this is about ensuring young people are supported to build on their aspirations and achieve their full potential. | | |
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| – this is about helping people be job ready by taking up the skills training available, as well as working with employers to make sure they have practises in place which support the community, through inclusive recruitment, responsible employment and fair access to jobs. | | |
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| – this is about ensuring people are active, and reducing isolation and the fear of crime. | | |
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| – person-centred care, empowering people to live on their own independently. It’s about improving the quality of life for our residents, tackling health inequalities and managing demand for services. | | |
| In order to deliver its vision, the Partnership will review and establish arrangements to support its operation including executive support, development and delivery of initiatives, engagement with stakeholders as well as performance management. | | In order to deliver its vision, the Partnership will review and establish arrangements to support its operation including executive support, development and delivery of initiatives, engagement with stakeholders as well as performance management. |
| Section 31.2: London Councils Grants Committee Terms of Reference | | Section 31.2: London Councils Grants Committee Terms of Reference |
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| n | | n | |
| This Committee was established to take decisions in relation to the London Councils Grants Scheme which was established under section 48 of the Local Government Act 1985. The members of the Grants Committee are from the 33 London Boroughs (this includes the City of London). | | This Committee was established to take decisions in relation to the London Councils Grants Scheme which was established under section 48 of the Local Government Act 1985. The members of the Grants Committee are from the 33 London Boroughs (this includes the City of London). |
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| n | | n | |
| The terms of reference of the Committee are: | | The terms of reference of the Committee are: |
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| n | See for the London Council’s Committee | n | See for the London Council’s Committee |
| Section 31.3: Inner North East London Joint Health Overview and Scrutiny Committee Terms of Reference | | Section 31.3: Inner North East London Joint Health Overview and Scrutiny Committee Terms of Reference |
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| n | : 1. Regulation 30 of the Local Authority ( Public Health, Health and Wellbeing Boards and Health Scrutiny) Regulations 2013 (Reg 30) ensure that there are sufficient scrutiny procedures and policies in place to cover the cross-Borough wide NHS Sustainability and Transformation Plan (STP). | n | : 1. Regulation 30 of the Local Authority ( Public Health, Health and Wellbeing Boards and Health Scrutiny) Regulations 2013 (Reg 30) ensure that there are sufficient scrutiny procedures and policies in place to cover the cross-Borough wide NHS Sustainability and Transformation Plan (STP). |
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| n | : The INEL JHOSC will be a committee serviced by the participating local authorities on a two-yearly cycle – the current local authority hosting the INEL JHOSC is the London Borough of Newham in accordance with section 101(5) of the Local Government 1972; | n | : The INEL JHOSC will be a committee serviced by the participating local authorities on a two-yearly cycle – the current local authority hosting the INEL JHOSC is the London Borough of Newham in accordance with section 101(5) of the Local Government 1972; |
| The membership shall be made up of three members from each of the larger participating local authorities and one from the City of London Corporation; making a total of 10 members, with each council’s membership being politically proportionate and with non-executive councillors making up the membership. | | The membership shall be made up of three members from each of the larger participating local authorities and one from the City of London Corporation; making a total of 10 members, with each council’s membership being politically proportionate and with non-executive councillors making up the membership. |
| Substitutions will be accepted if a councillor is not able to attend a meeting of the JHOSC and that councillor has informed the Chair and Scrutiny Officer five working days in advance of the meeting. | | Substitutions will be accepted if a councillor is not able to attend a meeting of the JHOSC and that councillor has informed the Chair and Scrutiny Officer five working days in advance of the meeting. |
| Guidance suggests that co-opting people is one method of ensuring involvement of key stakeholders with an interest in, or knowledge of, the issue being scrutinised. This is already a power of overview and scrutiny committees by virtue of the Local Government Act 2000. However, the Guidance also recommends other ways of involving stakeholders by, for example, giving evidence or by acting as advisers to the committee. | | Guidance suggests that co-opting people is one method of ensuring involvement of key stakeholders with an interest in, or knowledge of, the issue being scrutinised. This is already a power of overview and scrutiny committees by virtue of the Local Government Act 2000. However, the Guidance also recommends other ways of involving stakeholders by, for example, giving evidence or by acting as advisers to the committee. |
| A Chair (from the host authority) will be appointed by the JHOSC at the first meeting. | | A Chair (from the host authority) will be appointed by the JHOSC at the first meeting. |
| A vice-Chair (from non-host local authorities) will be appointment by the JHOSC at the first meeting. Where agreed, a second vice-Chair may also be nominated to ensure parity across the Membership. | | A vice-Chair (from non-host local authorities) will be appointment by the JHOSC at the first meeting. Where agreed, a second vice-Chair may also be nominated to ensure parity across the Membership. |
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| n | Consider and respond to any health matter which: Impacts on two or more participating local authorities or on the sub region as a whole, and for which a response has been requested by NHS organisations under Section 244 of the NHS Act 2006; and All participating local authorities agree to consider as an INEL JHOSC | n | Consider and respond to any health matter which: Impacts on two or more participating local authorities or on the sub region as a whole, and for which a response has been requested by NHS organisations under Section 244 of the NHS Act 2006; and All participating local authorities agree to consider as an INEL JHOSC |
| To collectively review and scrutinise any proposals within the STP that are a substantial development / variation of the NBS or the substantial development / variation of such service where more than one local authority is consulted by the relevant NHS body pursuant to Reg 30; | | To collectively review and scrutinise any proposals within the STP that are a substantial development / variation of the NBS or the substantial development / variation of such service where more than one local authority is consulted by the relevant NHS body pursuant to Reg 30; |
| To collectively consider whether a specific proposal within the STP that’s is not a substantial development or variation is only relevant for one authority and therefore should be referred to that local authority’s Health Scrutiny Committee for scrutiny; | | To collectively consider whether a specific proposal within the STP that’s is not a substantial development or variation is only relevant for one authority and therefore should be referred to that local authority’s Health Scrutiny Committee for scrutiny; |
| In the event that a participating local authority considers that it may wish to consider a discretionary matter itself rather than have it dealt with by the joint committee it shall give notice to the other participating councils and the joint committee shall then not take any decision on the discretionary matter (other than a decision which would not affect the council giving notice) until after the next full Council meeting of the council giving notice in order that the council giving notice may have the opportunity to withdraw delegation of powers in respect of that discretionary matter; | | In the event that a participating local authority considers that it may wish to consider a discretionary matter itself rather than have it dealt with by the joint committee it shall give notice to the other participating councils and the joint committee shall then not take any decision on the discretionary matter (other than a decision which would not affect the council giving notice) until after the next full Council meeting of the council giving notice in order that the council giving notice may have the opportunity to withdraw delegation of powers in respect of that discretionary matter; |
| Where a wider principle has been highlighted through such a complaint or concern, the JHOSC should consider if further scrutiny is required. In such circumstances it is the principle and not the individual concern that will be subject to scrutiny. | | Where a wider principle has been highlighted through such a complaint or concern, the JHOSC should consider if further scrutiny is required. In such circumstances it is the principle and not the individual concern that will be subject to scrutiny. |
| Section 31.4: Joint Committee of the Six Growth Boroughs Terms of Reference | | Section 31.4: Joint Committee of the Six Growth Boroughs Terms of Reference |
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| n | | n | |
| The Joint Committee of the Six Growth Boroughs is a joint committee pursuant to section 101(5) of the Local Government Act 1972. It consists of 12 Members, comprising two Members nominated by the Executive from each of the 6 boroughs, namely the London Boroughs of Barking and Dagenham, Hackney, Newham, Tower Hamlets, and Waltham Forest, and the Royal Borough of Greenwich, for a maximum period not exceeding beyond and Member’s remaining terms of office as a councillor | | The Joint Committee of the Six Growth Boroughs is a joint committee pursuant to section 101(5) of the Local Government Act 1972. It consists of 12 Members, comprising two Members nominated by the Executive from each of the 6 boroughs, namely the London Boroughs of Barking and Dagenham, Hackney, Newham, Tower Hamlets, and Waltham Forest, and the Royal Borough of Greenwich, for a maximum period not exceeding beyond and Member’s remaining terms of office as a councillor |
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| n | | n | |
| To act as a joint committee of the London Boroughs of Hackney, Newham, Tower Hamlets, Waltham Forest, and Barking and Dagenham, and the Royal Borough of Greenwich (the six boroughs) for joint collaboration in relation to convergence and legacy and to discharge on behalf of the boroughs the executive functions listed below in so far as they relate to joint activities or areas of common concern in relation to convergence and legacy, as agreed in the business plan: | | To act as a joint committee of the London Boroughs of Hackney, Newham, Tower Hamlets, Waltham Forest, and Barking and Dagenham, and the Royal Borough of Greenwich (the six boroughs) for joint collaboration in relation to convergence and legacy and to discharge on behalf of the boroughs the executive functions listed below in so far as they relate to joint activities or areas of common concern in relation to convergence and legacy, as agreed in the business plan: |
| Any other executive functions relating to joint activities or areas of common concern in relation to convergence and legacy in relation to which funding is allocated through the annual budget or in respect of which external funding or any other financial resources are allocated to the joint committee. | | Any other executive functions relating to joint activities or areas of common concern in relation to convergence and legacy in relation to which funding is allocated through the annual budget or in respect of which external funding or any other financial resources are allocated to the joint committee. |
| The governance arrangements provide flexibility so that one or more but less than six boroughs can opt out of certain projects insofar as they relate to joint activities or areas of concern. It is within the capacity of the Joint Committee to agree that one or more but less than six boroughs may participate in work with other authorities outside the growth borough arrangements. The Joint Committee will agree any particular project will be undertaken by one or more boroughs outside the responsibilities of the Joint Committee. | | The governance arrangements provide flexibility so that one or more but less than six boroughs can opt out of certain projects insofar as they relate to joint activities or areas of concern. It is within the capacity of the Joint Committee to agree that one or more but less than six boroughs may participate in work with other authorities outside the growth borough arrangements. The Joint Committee will agree any particular project will be undertaken by one or more boroughs outside the responsibilities of the Joint Committee. |
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| n | | n | |
| At least 1 Member from each of the 6 boroughs | | At least 1 Member from each of the 6 boroughs |
| Section 31.5: London Council’s Committee (known as the Leader’s Committee) Terms of Reference | | Section 31.5: London Council’s Committee (known as the Leader’s Committee) Terms of Reference |
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| n | | n | |
| The Leaders’ Committee is comprised of the Leader / Mayor of each of the 33 London Local Authorities | | The Leaders’ Committee is comprised of the Leader / Mayor of each of the 33 London Local Authorities |
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| n | | n | |
| The terms of reference of the Committee are set out in full in the Agreement dated 1st April 2000 and are summarised below: | | The terms of reference of the Committee are set out in full in the Agreement dated 1st April 2000 and are summarised below: |
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| n | | n | |
| The rules of debate and procedure for the conduct of meetings of the Leaders’ Committee are set out in Standing Orders contained in the 1 April 2000 Agreement and which are also published on the London Councils’ website. London Councils is also required to comply with Financial Regulations contained in the ALG Agreement. These Standing Orders and Financial Regulations also apply to the other London Councils joint committees detailed below. | | The rules of debate and procedure for the conduct of meetings of the Leaders’ Committee are set out in Standing Orders contained in the 1 April 2000 Agreement and which are also published on the London Councils’ website. London Councils is also required to comply with Financial Regulations contained in the ALG Agreement. These Standing Orders and Financial Regulations also apply to the other London Councils joint committees detailed below. |
| Section 31.6: Pensions CIV Sectoral Committee Terms of Reference and Procedures | | Section 31.6: Pensions CIV Sectoral Committee Terms of Reference and Procedures |
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| n | Each London Local Authority participating in the arrangements shall appoint a representative to the Committee being either the Leader of the authority or the elected mayor as appropriate or a deputy appointed for these purposes. | n | Each London Local Authority participating in the arrangements shall appoint a representative to the Committee being either the Leader of the authority or the elected mayor as appropriate or a deputy appointed for these purposes. |
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| n | The Pensions CIV Joint Committee will in practice be fulfilling two roles: | n | The Pensions CIV Joint Committee will in practice be fulfilling two roles: |
| New content | | New content |
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| n | : As set out in the Standing Orders of London Councils | n | : As set out in the Standing Orders of London Councils |
| The Pensions CIV Joint Committee is a sectoral joint committee operating under the London Councils governance arrangements. (The London Councils’ Governing Agreement dated 13 December 2001 (as amended), London Councils’ Standing Orders, Financial Regulations and other policies and procedures as relevant.) | | The Pensions CIV Joint Committee is a sectoral joint committee operating under the London Councils governance arrangements. (The London Councils’ Governing Agreement dated 13 December 2001 (as amended), London Councils’ Standing Orders, Financial Regulations and other policies and procedures as relevant.) |
| n | 1.a.2 Each London local authority participating in the arrangements shall appoint a representative to the Pensions CIV Joint Committee being either the Leader of the local authority or the elected mayor as applicable or a deputy appointed for these purposes. (Clause 4.5 of the London Councils’ Governing Agreement dated 13 December 2001 (as amended).) | n | Each London local authority participating in the arrangements shall appoint a representative to the Pensions CIV Joint Committee being either the Leader of the local authority or the elected mayor as applicable or a deputy appointed for these purposes. (Clause 4.5 of the London Councils’ Governing Agreement dated 13 December 2001 (as amended).) |
| The Pensions CIV Joint Committee shall appoint a Chair and Vice-Chair. | | The Pensions CIV Joint Committee shall appoint a Chair and Vice-Chair. |
| The Pensions CIV Joint Committee shall meet at least once each year to act as a forum for the participating authorities to consider and provide guidance on the direction and performance of the CIV, In addition, members of the Pensions CIV Joint Committee shall meet at least once each year at an Annual General Meeting of the ACS Operator in their capacity as representing shareholders of the ACS Operator. | | The Pensions CIV Joint Committee shall meet at least once each year to act as a forum for the participating authorities to consider and provide guidance on the direction and performance of the CIV, In addition, members of the Pensions CIV Joint Committee shall meet at least once each year at an Annual General Meeting of the ACS Operator in their capacity as representing shareholders of the ACS Operator. |
| n | Subject to Clause 1.a.4 above, meetings of the Pensions CIV Joint Committee shall be called in accordance with London Councils’ Standing Orders and the procedure to be adopted at such meetings shall be determined in accordance with those Standing Orders. | n | Subject to Paragraph 8 above, meetings of the Pensions CIV Joint Committee shall be called in accordance with London Councils’ Standing Orders and the procedure to be adopted at such meetings shall be determined in accordance with those Standing Orders. |
| If the Pensions CIV Joint Committee is required to make decisions on specialist matters in which the members of the Pensions CIV Joint Committee do not have expertise the Pensions CIV Joint Committee shall arrange for an adviser(s) to attend the relevant meeting to provide specialist advice to members of the Pensions CIV Joint Committee. | | If the Pensions CIV Joint Committee is required to make decisions on specialist matters in which the members of the Pensions CIV Joint Committee do not have expertise the Pensions CIV Joint Committee shall arrange for an adviser(s) to attend the relevant meeting to provide specialist advice to members of the Pensions CIV Joint Committee. |
| The requirements of the Standing Orders of London Councils regarding quorum and voting shall apply to meetings of the Pensions CIV Joint Committee. | | The requirements of the Standing Orders of London Councils regarding quorum and voting shall apply to meetings of the Pensions CIV Joint Committee. |
| To act as a representative body for those London local authorities that have chosen to take a shareholding in the Authorised Contractual Scheme (ACS) Operator company established for the purposes of a London Pensions Common Investment Vehicle (CIV). | | To act as a representative body for those London local authorities that have chosen to take a shareholding in the Authorised Contractual Scheme (ACS) Operator company established for the purposes of a London Pensions Common Investment Vehicle (CIV). |
| To exercise functions of the participating London local authorities involving the exercise of sections 1 and 4 of the Localism Act 2011 where that relates to the actions of the participating London local authorities as shareholders of the ACS Operator company. | | To exercise functions of the participating London local authorities involving the exercise of sections 1 and 4 of the Localism Act 2011 where that relates to the actions of the participating London local authorities as shareholders of the ACS Operator company. |
| To act as a forum for the participating authorities to consider and provide guidance on the direction and performance of the CIV and, in particular, to receive and consider reports and information from the ACS Operator particularly performance information and to provide comment and guidance in response (in so far as required and permitted by Companies Act 2006 requirements and FCA regulations). | | To act as a forum for the participating authorities to consider and provide guidance on the direction and performance of the CIV and, in particular, to receive and consider reports and information from the ACS Operator particularly performance information and to provide comment and guidance in response (in so far as required and permitted by Companies Act 2006 requirements and FCA regulations). |
| In addition, members of the Pensions CIV Joint Committee will meet at least once each year at an Annual General Meeting of the ACS Operator to take decisions on behalf of the participating London local authorities in their capacity as shareholders exercising the shareholder rights in relation to the Pensions CIV Authorised Contractual Scheme operator (as provided in the Companies Act 2006 and the Articles of Association of the ACS Operator company) and to communicate these decisions to the Board of the ACS Operator company. These include: | | In addition, members of the Pensions CIV Joint Committee will meet at least once each year at an Annual General Meeting of the ACS Operator to take decisions on behalf of the participating London local authorities in their capacity as shareholders exercising the shareholder rights in relation to the Pensions CIV Authorised Contractual Scheme operator (as provided in the Companies Act 2006 and the Articles of Association of the ACS Operator company) and to communicate these decisions to the Board of the ACS Operator company. These include: |
| n | 1. Overview | n | Overview The Pensions CIV Joint Committee will in practice be fulfilling two roles: |
| The Pensions CIV Joint Committee will in practice be fulfilling two roles: | | |
| There are various differences between the Committee meetings and the Shareholder Meetings, both in terms of how they are convened and who can attend. These differences are summarised below. In practice, the best way to conduct business is for a meeting of shareholders to be convened at the rising of the Joint Committee so that shareholders business can be transacted including any necessary formalising of any business of the joint committee: | | There are various differences between the Committee meetings and the Shareholder Meetings, both in terms of how they are convened and who can attend. These differences are summarised below. In practice, the best way to conduct business is for a meeting of shareholders to be convened at the rising of the Joint Committee so that shareholders business can be transacted including any necessary formalising of any business of the joint committee: |
| n | 2. Committee Meetings | n | Committee Meetings The conduct of London Councils committee meetings are governed by London Councils’ Standing Orders which are contained in Schedule 6 of the Leaders’ Committee Governing Agreement. |
| The conduct of London Councils committee meetings are governed by London Councils’ Standing Orders which are contained in Schedule 6 of the Leaders’ Committee Governing Agreement. | | Shareholder Meetings The Shareholder Meetings are private meetings of the shareholders of the ACS Operator and only shareholders or their appointed representative may attend. |
| 3. Shareholder Meetings | | |
| The Shareholder Meetings are private meetings of the shareholders of the ACS Operator and only shareholders or their appointed representative may attend. | | |
| The conduct of the shareholder meetings will also be governed by London Councils’ Standing Orders as far as these are compatible with company law, or by company law where the requirements are different e.g. notice periods are longer under company law and there are rules around proxies which must be followed. | | The conduct of the shareholder meetings will also be governed by London Councils’ Standing Orders as far as these are compatible with company law, or by company law where the requirements are different e.g. notice periods are longer under company law and there are rules around proxies which must be followed. |
| Section 31.7: London Councils’ Transport and Environment Committee Terms of Reference | | Section 31.7: London Councils’ Transport and Environment Committee Terms of Reference |
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| n | | n | |
| | | This Committee was established under an Agreement dated 15 January 1998, which was varied by Agreements dated 13 December 2001 and 1 May 2003. The Committee is comprised of 1 councillor from each of the London Local Authorities and Transport for London |
| This Committee was established under an Agreement dated 15 January 1998, which was varied by Agreements dated 13 December 2001 and 1 May 2003. The Committee is comprised of 1 councillor from each of the London Local Authorities and Transport for London | | |
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| n | | n | |
| The terms of reference of the Committee are set out in full in the Agreements dated 13th December 2001 and 1st May 2003 and are summarised below: | | The terms of reference of the Committee are set out in full in the Agreements dated 13th December 2001 and 1st May 2003 and are summarised below: |
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| n | See for the London Council’s Committee above | n | See for the London Council’s Committee above |
| Other Joint and Local Bodies | | Other Joint and Local Bodies |
| Section 32.1: Regional Adoption Panel Terms of Reference and Procedures | | Section 32.1: Regional Adoption Panel Terms of Reference and Procedures |
| Subsection 32.1.1: Adoption Panel Terms of Reference | | Subsection 32.1.1: Adoption Panel Terms of Reference |
| Subsection 32.1.2: Adoption Panel Procedures | | Subsection 32.1.2: Adoption Panel Procedures |
| Section 32.2: The Channel Panel Terms of Reference | | Section 32.2: The Channel Panel Terms of Reference |
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| n | The Counter Terrorism and Security Act 2015 sets out the statutory duty on local authorities to provide support for people vulnerable from being drawn into terrorism. This duty is met through the Channel Panel. | n | The Counter Terrorism and Security Act 2015 sets out the statutory duty on local authorities to provide support for people vulnerable from being drawn into terrorism. This duty is met through the Channel Panel. |
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| n | The Panel is chaired by the local authority and comprises of the Deputy Chair, representatives from Adult Social Care, Children’s Social Care, the Metropolitan Police, East London NHS Foundation Trust, National Probation Service, National Health Service, and London Borough of Tower Hamlets Community Safety Service. Additional members to the Panel can also be appointed on an ad hoc basis. | n | The Panel is chaired by the local authority and comprises of the Deputy Chair, representatives from Adult Social Care, Children’s Social Care, the Metropolitan Police, East London NHS Foundation Trust, National Probation Service, National Health Service, and London Borough of Tower Hamlets Community Safety Service. Additional members to the Panel can also be appointed on an ad hoc basis. |
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| n | : Three voting members including the Chair or Vice Chair and a panel member not employed by the local authority. All decisions are by way of a majority vote with the Chair holding the casting vote (as set out in the Channel Duty Guidance 2020) | n | : Three voting members including the Chair or Vice Chair and a panel member not employed by the local authority. All decisions are by way of a majority vote with the Chair holding the casting vote (as set out in the Channel Duty Guidance 2020) |
| Section 32.3: Children’s Social Care Complaint Review Panel Terms of Reference | | Section 32.3: Children’s Social Care Complaint Review Panel Terms of Reference |
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| n | The Children Act 1989 Representations Procedure (England) Regulations 2006 (‘the 2006 Regulations’) provides that local authorities are required to put in place systems for complaints to be made verbally to a member of staff or in writing about the actions, decisions or apparent failings of a local authority’s children’s social services provision. Complaints can be made by the child or young person and to allow any other appropriate person to act on behalf of the child or young person concerned or make a complaint in their own right. | n | The Children Act 1989 Representations Procedure (England) Regulations 2006 (‘the 2006 Regulations’) provides that local authorities are required to put in place systems for complaints to be made verbally to a member of staff or in writing about the actions, decisions or apparent failings of a local authority’s children’s social services provision. Complaints can be made by the child or young person and to allow any other appropriate person to act on behalf of the child or young person concerned or make a complaint in their own right. |
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| n | The Panel consists of three independent people and independent means a person who is neither a member nor an officer of the Council, nor the spouse or civil partner of such a person. The Independent Person appointed to Stage 2 may not be a member of the Panel. | n | The Panel consists of three independent people and independent means a person who is neither a member nor an officer of the Council, nor the spouse or civil partner of such a person. The Independent Person appointed to Stage 2 may not be a member of the Panel. |
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| n | All three independent members of the panel | n | All three independent members of the panel |
| Section 32.4: Private Fostering Panel Procedure | | Section 32.4: Private Fostering Panel Procedure |
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| n | To consider private fostering arrangements and related issues. | n | To consider private fostering arrangements and related issues. |
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| n | The Panel can have up to ten Members including the Chair, Vice-Chair, medical representative, education representative, independent member, and agency member. Advisors to the Panel can also be appointed. | n | The Panel can have up to ten Members including the Chair, Vice-Chair, medical representative, education representative, independent member, and agency member. Advisors to the Panel can also be appointed. |
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| n | : Three voting members including a panel member not employed by the Children’s Directorate and also either the Chair or Vice Chair. | n | : Three voting members including a panel member not employed by the Children’s Directorate and also either the Chair or Vice Chair. |
| Section 32.5: Additional Guidance and Procedures | | Section 32.5: Additional Guidance and Procedures |
| This guidance and procedure should be used by: | | This guidance and procedure should be used by: |
| Panel status | | Panel status |
| In addition to rights set out in 59 above, the Chair (or Vice-Chair in their absence) of the Overview and Scrutiny Committee and the Leaders of any Opposition Groups can request to raise their key issues/questions in relation to the reports on the agenda. The Mayor or other person presiding at a meeting may also at their discretion allow other persons to contribute. All requests to raise issues or ask questions must be received by the clerk to the meeting (whose details are on the agenda front sheet) by 5pm the day before the meeting. | | In addition to rights set out in 59 above, the Chair (or Vice-Chair in their absence) of the Overview and Scrutiny Committee and the Leaders of any Opposition Groups can request to raise their key issues/questions in relation to the reports on the agenda. The Mayor or other person presiding at a meeting may also at their discretion allow other persons to contribute. All requests to raise issues or ask questions must be received by the clerk to the meeting (whose details are on the agenda front sheet) by 5pm the day before the meeting. |
| All contributions to the meeting will be taken in a 15 minute question and answer session at the start of the meeting. Each contribution will normally be limited to three minutes. The Mayor or other person presiding at a meeting has discretion to vary these procedures especially where there are large numbers of requests or submissions. | | All contributions to the meeting will be taken in a 15 minute question and answer session at the start of the meeting. Each contribution will normally be limited to three minutes. The Mayor or other person presiding at a meeting has discretion to vary these procedures especially where there are large numbers of requests or submissions. |
| Section 36.10: Application of Council Procedure Rules | | Section 36.10: Application of Council Procedure Rules |
| n | Rules 5 – 9, 17 to 24 of the Council Procedure Rules (Part B Section 26 of this Constitution) shall also apply to meetings of the Cabinet./Committees/Sub-Committees. | n | Rules 5 – 9, 17 to 24 of the Council Procedure Rules (Part D Section 17 of this Constitution) shall also apply to meetings of the Cabinet./Committees/Sub-Committees. |
| Section 36.11: Taking Executive Decisions outside of meetings (including Individual Mayoral Decisions) | | Section 36.11: Taking Executive Decisions outside of meetings (including Individual Mayoral Decisions) |
| n | 1. Where an Executive decision, including a Key Decision, falls to be made and either:- | n | Where an Executive decision, including a Key Decision, falls to be made and either:- (a) authority to make that decision has not been delegated by the Mayor under this Executive Scheme of Delegation; or (b) authority has been delegated but the person or body with delegated powers declines to exercise those powers; or (c) authority has been delegated but the Mayor nevertheless decides to take the decision himself, the decision shall be made by the Mayor individually, after consultation with the Monitoring Officer, the Chief Finance Officer and such other Corporate Director(s), the Head of Paid Service or Cabinet Member(s) as required. |
| (a) authority to make that decision has not been delegated by the Mayor under this Executive Scheme of Delegation; or (b) authority has been delegated but the person or body with delegated powers declines to exercise those powers; or (c) authority has been delegated but the Mayor nevertheless decides to take the decision himself, | | Executive decisions (including Key Decisions) to be taken by the Mayor in accordance with paragraph 1 above shall either be taken:- (a) at a formal meeting of the Executive, notice of which has been given in accordance with the Executive Procedure Rules (Part F, Section 36) of the Constitution and to which the Access to Information Rules (Part B Section 10) of the Constitution shall apply; or (b) in accordance with the procedure at paragraph 5 below. |
| the decision shall be made by the Mayor individually, after consultation with the Monitoring Officer, the Chief Finance Officer and such other Corporate Director(s), the Head of Paid Service or Cabinet Member(s) as required. | | |
| 2. Executive decisions (including Key Decisions) to be taken by the Mayor in accordance with paragraph 1 above shall either be taken:- | | |
| (a) at a formal meeting of the Executive, notice of which has been given in accordance with the Executive Procedure Rules (Part I Section xx) of the Constitution and to which the Access to Information Rules (Part B Section xx) of the Constitution shall apply; or (b) in accordance with the procedure at paragraph 5 below. | | |
| 3. In the case of a decision taken at a formal meeting of the Executive, the Mayor will take the decision having received written and oral advice from appropriate officers and consulted those members of the Executive present. In the event that a meeting of the Executive is not quorate, the Mayor may still take any necessary decisions having consulted any Executive members present. All Mayoral decisions taken at a formal meeting of the Executive shall be recorded in the minutes of the meeting. | | In the case of a decision taken at a formal meeting of the Executive, the Mayor will take the decision having received written and oral advice from appropriate officers and consulted those members of the Executive present. In the event that a meeting of the Executive is not quorate, the Mayor may still take any necessary decisions having consulted any Executive members present. All Mayoral decisions taken at a formal meeting of the Executive shall be recorded in the minutes of the meeting. |
| 4. The Cabinet Meeting is not authorised to exercise the Mayor’s powers in the absence of the Mayor. If the Mayor is unable to act for any reason, and only in those circumstances, the Deputy Mayor is authorised to exercise the Mayor’s powers. | | The Cabinet Meeting is not authorised to exercise the Mayor’s powers in the absence of the Mayor. If the Mayor is unable to act for any reason, and only in those circumstances, the Deputy Mayor is authorised to exercise the Mayor’s powers. |
| 5. The Mayor may at his discretion make a decision in relation to an Executive function, including a Key Decision, alone and outside the context of a meeting of the Executive. In relation to any decision made by the Mayor under this provision:- | | 5. The Mayor may at his discretion make a decision in relation to an Executive function, including a Key Decision, alone and outside the context of a meeting of the Executive. In relation to any decision made by the Mayor under this provision:- |
| n | (a) The decision may only be made following consideration by the Mayor of a full report by the relevant officer(s) containing all relevant information, options and recommendations in the same format as would be required if the decision were to be taken at a meeting of the Executive; (b) The provisions of the Overview and Scrutiny Procedure Rules in relation to call-in, including the rules regarding urgent decisions, shall apply; (c) In the case of a Key Decision as defined in Section 3 of the Constitution, the provisions of the Access to Information Procedure Rules in relation to prior publication on the Forward Plan shall apply; and (d) The decision shall not be made until the Mayor has confirmed his agreement by signing a Mayoral Decision Proforma (example attached) which has first been completed with all relevant information and signed by the relevant Chief Officers. | n | (a) The decision may only be made following consideration by the Mayor of a full report by the relevant officer(s) containing all relevant information, options and recommendations in the same format as would be required if the decision were to be taken at a meeting of the Executive; (b) The provisions of the Overview and Scrutiny Procedure Rules in relation to call-in, including the rules regarding urgent decisions, shall apply; (c) In the case of a Key Decision as defined in Section 3 of the Constitution, the provisions of the Access to Information Procedure Rules in relation to prior publication on the Forward Plan shall apply; and (d) The decision shall not be made until the Mayor has confirmed his agreement by signing a Mayoral Decision Proforma (example attached) which has first been completed with all relevant information and signed by the relevant Chief Officers. |
| 6. All Mayoral decisions taken in accordance with paragraph 5 above shall be:- | | All Mayoral decisions taken in accordance with paragraph 5 above shall be:- (a) Recorded in a log held by the Head of Democratic Services and available for public inspection; and (b) Published on the Council’s website; save that no information that in the opinion of the Director of Legal / Monitoring Offier is ‘exempt’ or ‘confidential’ as defined in the Council’s Access to Information Procedure Rules (Section 27) shall be published, included in the decision notice or available for public inspection. |
| (a) Recorded in a log held by the Head of Democratic Services and available for public inspection; and (b) Published on the Council’s website; | | Any decision taken by an individual Cabinet Member in relation to any matter delegated to them in accordance with paragraph 6 of the Mayor’s Executive Scheme of Delegation shall:- (a) be subject to the same process and rules as a Mayoral decision in accordance with paragraphs 5 and 6 above; and (b) not be made until the Mayor has confirmed in writing that he has no objection to the decision. |
| save that no information that in the opinion of the Director of Legal / Monitoring Offier is ‘exempt’ or ‘confidential’ as defined in the Council’s Access to Information Procedure Rules (Section 27) shall be published, included in the decision notice or available for public inspection. | | An Individual Mayoral Decision Proforma will be used to record the decision. An example of the type of information required on the form is shown below: |
| 7. Any decision taken by an individual Cabinet Member in relation to any matter delegated to them in accordance with paragraph 6 of the Mayor’s Executive Scheme of Delegation shall:- | | Terms of Reference – The Executive (Cabinet) and its Sub-Committees |
| (a) be subject to the same process and rules as a Mayoral decision in accordance with paragraphs 5 and 6 above; and (b) not be made until the Mayor has confirmed in writing that he has no objection to the decision. | | Terms of Reference of the following Executive Bodies are set out: |
| Full details of the decision sought, including reasons for the recommendations and (where applicable) each of the options put forward; other options considered; background information; the comments of the Chief Finance Officer; the concurrent report of the Director of Legal; implications for Equalities; Risk Assessment; Background Documents; and other relevant matters are set out in the attached report. | | |
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| Terms of Reference – The Executive, Grants, King George’s | | |
| Terms of Reference of the following Executive Bodies are set out: Cabinet King George’s Field Board Grants Determination Cabinet Sub-Committee Housing Management Cabinet Sub-Committee | | |
| Section 37.1: Cabinet | | Section 37.1: Cabinet |
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| n | | n | |
| The Cabinet is forum for the Mayor and Cabinet Members to take decisions related to the executive functions of the Council. | | The Cabinet is forum for the Mayor and Cabinet Members to take decisions related to the executive functions of the Council. |
| The Mayor and at least 2 and not more than 9 other Cabinet Members appointed by the Mayor. | | The Mayor and at least 2 and not more than 9 other Cabinet Members appointed by the Mayor. |
| 3 Members of the Cabinet including the Mayor or, where notified in advance to the Monitoring Officer, the Statutory Deputy Mayor. | | 3 Members of the Cabinet including the Mayor or, where notified in advance to the Monitoring Officer, the Statutory Deputy Mayor. |
| : Part C – Decision Making | | : Part C – Decision Making |
| Section 37.2: King George's Fields Charity Board | | Section 37.2: King George's Fields Charity Board |
| The original charity was set up following the grant of moneys from a national appeal to perpetuate the memory of the late King George V. The foundation made grants for the laying out of the playing fields and it was agreed that they would be preserved in perpetuity as a memorial to King George V. The current King George’s Field Charity Board is a Cabinet Committee fulfilling the Council’s obligations as charity trustee. Currently the work is split into two charities, King George’s Field Mile End and King George’s Field Tredegar Square. Both are dealt with by the Board. This covers a number of pieces of land including Stepney Green Park, Whitehorse Road Open Space, Tredegar Square and most of Mile End Park including Mile End Park Leisure Centre and Mile End Stadium. This includes 10 shop units situated beneath the ‘Green Bridge’ at Mile End. | | The original charity was set up following the grant of moneys from a national appeal to perpetuate the memory of the late King George V. The foundation made grants for the laying out of the playing fields and it was agreed that they would be preserved in perpetuity as a memorial to King George V. The current King George’s Field Charity Board is a Cabinet Committee fulfilling the Council’s obligations as charity trustee. Currently the work is split into two charities, King George’s Field Mile End and King George’s Field Tredegar Square. Both are dealt with by the Board. This covers a number of pieces of land including Stepney Green Park, Whitehorse Road Open Space, Tredegar Square and most of Mile End Park including Mile End Park Leisure Centre and Mile End Stadium. This includes 10 shop units situated beneath the ‘Green Bridge’ at Mile End. |
| n | | n | |
| All Members of the Cabinet | | All Members of the Cabinet |
| 3 Members of the Board | | 3 Members of the Board |
| Section 37.3: Grants Determination (Cabinet) Sub-Committee | | Section 37.3: Grants Determination (Cabinet) Sub-Committee |
| | | |
| n | | n | |
| A Cabinet Sub-Committee, chaired by the Mayor, established to consider matters relating to grants. | | A Cabinet Sub-Committee, chaired by the Mayor, established to consider matters relating to grants. |
| | | |
| Four Members of the Cabinet as appointed by the Mayor. All other Executive Members can substitute where necessary. | | Four Members of the Cabinet as appointed by the Mayor. All other Executive Members can substitute where necessary. |
| | | |
| n | 3 Members of the Sub-Committee | n | 3 Members of the Sub-Committee |
| Section 37.4: Housing Management (Cabinet) Sub-Committee | | Section 37.4: Housing Management (Cabinet) Sub-Committee |
| | | |
| n | | n | |
| A Cabinet Sub-Committee, chaired by the Mayor, established to advise on all matters relating to the delivery of the Council’s Landlord Housing Management function. With specific emphasis on ensuring the safety of residents living in Council-owned homes and ensuring residents shape service design and delivery. | | A Cabinet Sub-Committee, chaired by the Mayor, established to advise on all matters relating to the delivery of the Council’s Landlord Housing Management function. With specific emphasis on ensuring the safety of residents living in Council-owned homes and ensuring residents shape service design and delivery. |
| | | |
| | | |
| The Mayor and three members of the Cabinet as appointed by the Mayor, to include the Cabinet Member responsible for housing management functions. | | The Mayor and three members of the Cabinet as appointed by the Mayor, to include the Cabinet Member responsible for housing management functions. |
| The Mayor will take decisions on the advice of the Sub-Committee. All other Cabinet members act as substitute attendees in the event that the appointed members are unable to attend. Up to three industry expert advisors (“Independent Advisors”) to be appointed, on the recommendation of the Sub-Committee, to provide independent specialist support and advice around finance, compliance, customer services and asset management. | | The Mayor will take decisions on the advice of the Sub-Committee. All other Cabinet members act as substitute attendees in the event that the appointed members are unable to attend. Up to three industry expert advisors (“Independent Advisors”) to be appointed, on the recommendation of the Sub-Committee, to provide independent specialist support and advice around finance, compliance, customer services and asset management. |
| | | |
| n | | n | |
| The quorum is three Members of the Sub-Committee (one of which must be the Mayor). | | The quorum is three Members of the Sub-Committee (one of which must be the Mayor). |
| Overview and Scrutiny | | Overview and Scrutiny |
| Introduction | | Introduction |
| Overview and Scrutiny provide an important check and balance function to ensure that the decisions of the Executive, Mayor and Cabinet are in the best interests of residents and that the council is providing high quality services. | | Overview and Scrutiny provide an important check and balance function to ensure that the decisions of the Executive, Mayor and Cabinet are in the best interests of residents and that the council is providing high quality services. |
| Where the Overview and Scrutiny Committee or a Scrutiny Sub-Committee conducts investigations (e.g. with a view to policy development), the body may also ask people to attend to give evidence at meetings of the body. Such meetings are to be conducted in accordance with the following principles: | | Where the Overview and Scrutiny Committee or a Scrutiny Sub-Committee conducts investigations (e.g. with a view to policy development), the body may also ask people to attend to give evidence at meetings of the body. Such meetings are to be conducted in accordance with the following principles: |
| Following any investigation or review, the Committee or Sub-Committee shall prepare a report, for submission to the Mayor/Executive and/or Council as appropriate by the Overview and Scrutiny Committee, and shall make its report and findings public in so far as the report does not contain exempt or confidential information. | | Following any investigation or review, the Committee or Sub-Committee shall prepare a report, for submission to the Mayor/Executive and/or Council as appropriate by the Overview and Scrutiny Committee, and shall make its report and findings public in so far as the report does not contain exempt or confidential information. |
| Section 39.26: SUSPENSION | | Section 39.26: SUSPENSION |
| n | Any part of these Rules may be suspended in accordance with Council Procedure Rule 23 within Part D, Section 17 of this Constitution provided such suspension is not contrary to the law. | n | Any part of these Rules may be suspended in accordance with Council Procedure Rule 23 within Part D, Chapter 17 of this Constitution provided such suspension is not contrary to the law. |
| Overview and Scrutiny Committee Terms of Reference | | Overview and Scrutiny Committee Terms of Reference |
| | | |
| n | The Council will appoint an Overview and Scrutiny Committee to discharge the functions: | n | The Council will appoint an Overview and Scrutiny Committee to discharge the functions: |
| The aim is to make the decision-making process more transparent, accountable and inclusive, and improve services for people by being responsive to their needs. | | The aim is to make the decision-making process more transparent, accountable and inclusive, and improve services for people by being responsive to their needs. |
| | | |
| n | 9 non-executive councillors – including the chair and leads from Sub Committees. | n | 9 non-executive councillors – including the chair and leads from Sub Committees. |
| Two non-voting Co-Optees may also be appointed. | | Two non-voting Co-Optees may also be appointed. |
| | | |
| n | : Three members of the Committee | n | : Three members of the Committee |
| | | Terms of Reference – Children and Education Scrutiny Sub-Committee |
| | | |
| | | The Children and Education Scrutiny Sub-Committee has been established to scrutinise the provision, planning and management of children and young people’s services – including children’s social care; safeguarding children; children in care; SEN and education inclusion, troubled families and the Youth Offending Service (YOS) education, learning and schools; youth services; early years; education capital estate and youth & play services. |
| | | |
| | | 7 non-executive councillors – the chair and six councillors; and 6 co-opted members (consisting of: - a Church of England and a Roman Catholic representative; 3 Parent Governor representatives under paragraph 7 of Schedule A1 to the Local Government Act 2000; and a Muslim faith representative). |
| | | |
| | | : Three voting Members |
| Meeting Procedures for Children and Education Scrutiny Sub-Committee | | Meeting Procedures for Children and Education Scrutiny Sub-Committee |
| n | Section 41.1: Chair and Membership | n | Section 42.1: Chair and Membership |
| Sub-Committees will be chaired by a Member of the Overview and Scrutiny Committee. For this Sub-Committee it will be the Lead Scrutiny Member for Children and Education. The membership of the Children and Education Scrutiny Sub-Committee has been determined by the Overview and Scrutiny Committee. | | Sub-Committees will be chaired by a Member of the Overview and Scrutiny Committee. For this Sub-Committee it will be the Lead Scrutiny Member for Children and Education. The membership of the Children and Education Scrutiny Sub-Committee has been determined by the Overview and Scrutiny Committee. |
| n | Section 41.2: Frequency of meetings | n | Section 42.2: Frequency of meetings |
| The Children and Education Scrutiny Sub-Committee will meet 5 times a year. Dates will be published on the Council’s website. | | The Children and Education Scrutiny Sub-Committee will meet 5 times a year. Dates will be published on the Council’s website. |
| Meetings are scheduled to take place at 6.30pm. The Sub-Committee may arrange other meetings as and when necessary to consider any urgent issues as well as arranging meetings for detailed scrutiny reviews and challenge sessions. | | Meetings are scheduled to take place at 6.30pm. The Sub-Committee may arrange other meetings as and when necessary to consider any urgent issues as well as arranging meetings for detailed scrutiny reviews and challenge sessions. |
| n | Section 41.3: Support to the Sub-Committee | n | Section 42.3: Support to the Sub-Committee |
| The Director for Strategy, Transformation and Improvement, will be the senior officer lead and champion the work of the Sub-Committee. | | The Corporate Head of Democratic and Governance Services, will be the senior officer lead and champion the work of the Sub-Committee. |
| The servicing of meetings will be undertaken by the Council’s Democratic Services Team which will include: | | The servicing of meetings will be undertaken by the Council’s Democratic Services Team which will include: |
| n | The Strategy and Communities Team Strategy and Policy Team will provide policy support to the Sub-Committee which will include: | n | The Scrutiny Team will provide policy support to the Sub-Committee which will include: |
| Section 41.4: Proceedings | | Section 42.4: Proceedings |
| The Children and Education Scrutiny Sub-Committee will generally meet in public and conduct its proceedings in accordance with the rules and procedure contained in the Council’s Constitution such as the: | | The Children and Education Scrutiny Sub-Committee will generally meet in public and conduct its proceedings in accordance with the rules and procedure contained in the Council’s Constitution such as the: |
| n | | n | Terms of Reference – Health and Adults Scrutiny Sub-Committee |
| | | |
| | | The Health and Adults Scrutiny Sub-Committee has been established to undertake the Council’s responsibilities in respect of Scrutinising local health services and adult social care, covering services provided by the Council as well as those provided by the Council’s partners. |
| | | |
| | | 7 non-executive councillors – the chair and six councillors. |
| | | Two non-voting Co-Optees may also be appointed. |
| | | |
| | | : Three voting Members |
| Meeting Procedures for Health and Adults Scrutiny Sub-Committee | | Meeting Procedures for Health and Adults Scrutiny Sub-Committee |
| n | Section 42.1: Chair and Membership | n | Section 44.1: Chair and Membership |
| Sub-Committees will be chaired by a Member of the Overview and Scrutiny Committee. For this Sub-Committee it will be the Lead Scrutiny Member for Health & Adults. The membership of the Health and Adults Scrutiny Sub-Committee has been determined by the Overview and Scrutiny Committee. | | Sub-Committees will be chaired by a Member of the Overview and Scrutiny Committee. For this Sub-Committee it will be the Lead Scrutiny Member for Health & Adults. The membership of the Health and Adults Scrutiny Sub-Committee has been determined by the Overview and Scrutiny Committee. |
| n | Section 42.2: Frequency of meetings | n | Section 44.2: Frequency of meetings |
| The Health and Adults Scrutiny Sub-Committee will meet 5 times a year. The dates will be published on the Council’s Website. | | The Health and Adults Scrutiny Sub-Committee will meet 5 times a year. The dates will be published on the Council’s Website. |
| Meetings are scheduled to take place at 6.30pm (unless they fall during the month of Ramadan where they will endeavour to start at 5.30pm). The Sub-Committee may arrange other meetings as and when necessary to consider any urgent issues as well as arranging meetings for detailed scrutiny reviews and challenge sessions. | | Meetings are scheduled to take place at 6.30pm (unless they fall during the month of Ramadan where they will endeavour to start at 5.30pm). The Sub-Committee may arrange other meetings as and when necessary to consider any urgent issues as well as arranging meetings for detailed scrutiny reviews and challenge sessions. |
| n | Section 42.3: Support to the Sub-Committee | n | Section 44.3: Support to the Sub-Committee |
| The Director for Strategy, Transformation and Improvement, will be the senior officer lead and champion the work of the Sub-Committee. | | The Corporate Head of Democratic and Governance Services, will be the senior officer lead and champion the work of the Sub-Committee. |
| The servicing of meetings will be undertaken by the Council’s Democratic Services Team which will include: | | The servicing of meetings will be undertaken by the Council’s Democratic Services Team which will include: |
| The Strategy and Communities Team will provide policy support to the Sub-Committee which will include: | | The Strategy and Communities Team will provide policy support to the Sub-Committee which will include: |
| n | Section 42.4: Proceedings | n | Section 44.4: Proceedings |
| The Health and Adults Scrutiny Sub-Committee will generally meet in public and conduct its proceedings in accordance with the rules and procedure contained in the Council’s Constitution such as the: | | The Health and Adults Scrutiny Sub-Committee will generally meet in public and conduct its proceedings in accordance with the rules and procedure contained in the Council’s Constitution such as the: |
| n | | n | Terms of Reference – Housing and Regeneration Scrutiny Sub-Committee |
| | | |
| | | The Housing and Regeneration Scrutiny Sub-Committee will undertake overview and scrutiny pertaining to housing management and planning matters, as well as regeneration strategy and sustainability, including economic development, regeneration and inequality; and employment strategy and initiatives and skills development. |
| | | |
| | | 7 non-executive councillors – the chair and six councillors |
| | | Two non-voting Co-Optees may also be appointed, |
| | | |
| | | : Three voting Members |
| Meeting Procedures for Housing and Regeneration Scrutiny Sub-Committee | | Meeting Procedures for Housing and Regeneration Scrutiny Sub-Committee |
| n | Section 43.1: Chair and Membership | n | Section 46.1: Chair and Membership |
| Sub-Committees will be chaired by a Member of the Overview and Scrutiny Committee. For this Sub-Committee it will be the Lead Scrutiny Member for Housing & Regeneration. The membership of the Housing & Regeneration Scrutiny Sub-Committee has been determined by the Overview and Scrutiny Committee. | | Sub-Committees will be chaired by a Member of the Overview and Scrutiny Committee. For this Sub-Committee it will be the Lead Scrutiny Member for Housing & Regeneration. The membership of the Housing & Regeneration Scrutiny Sub-Committee has been determined by the Overview and Scrutiny Committee. |
| n | Section 43.2: Frequency of meetings | n | Section 46.2: Frequency of meetings |
| The Housing & Regeneration Scrutiny Sub-Committee will meet 6 times a year. The meeting dates will be published on the Council’s website. | | The Housing & Regeneration Scrutiny Sub-Committee will meet 6 times a year. The meeting dates will be published on the Council’s website. |
| Meetings are scheduled to take place at 6.30pm (unless they fall during the month of Ramadan where they will endeavour to start at 5.30pm). The Sub-Committee may arrange other meetings as and when necessary to consider any urgent issues as well as arranging meetings for detailed scrutiny reviews and challenge sessions. | | Meetings are scheduled to take place at 6.30pm (unless they fall during the month of Ramadan where they will endeavour to start at 5.30pm). The Sub-Committee may arrange other meetings as and when necessary to consider any urgent issues as well as arranging meetings for detailed scrutiny reviews and challenge sessions. |
| n | Section 43.3: Support to the Sub-Committee | n | Section 46.3: Support to the Sub-Committee |
| The Director for Strategy, Transformation and Improvement, will be the senior officer lead and champion the work of the Sub-Committee. | | The Corporate Head of Democratic and Governance Services, will be the senior officer lead and champion the work of the Sub-Committee. |
| The servicing of meetings will be undertaken by the Council’s Democratic Services Team which will include: | | The servicing of meetings will be undertaken by the Council’s Democratic Services Team which will include: |
| n | The Strategy and Communities Team will provide policy support to the Sub-Committee which will include: | n | The Scrutiny Team will provide policy support to the Sub-Committee which will include: |
| Section 43.4: Proceedings | | Section 46.4: Proceedings |
| The Housing and Regeneration Scrutiny Sub-Committee will generally meet in public and conduct its proceedings in accordance with the rules and procedure contained in the Council’s Constitution such as the: | | The Housing and Regeneration Scrutiny Sub-Committee will generally meet in public and conduct its proceedings in accordance with the rules and procedure contained in the Council’s Constitution such as the: |
| n | Terms of Reference – Children and Education Scrutiny Sub-Committee | n | |
| | | |
| The Children and Education Scrutiny Sub-Committee has been established to scrutinise the provision, planning and management of children and young people’s services – including children’s social care; safeguarding children; children in care; SEN and education inclusion, troubled families and the Youth Offending Service (YOS) education, learning and schools; youth services; early years; education capital estate and youth & play services. | | |
| | | |
| 7 non-executive councillors – the chair and six councillors; and 6 co-opted members (consisting of: - a Church of England and a Roman Catholic representative; 3 Parent Governor representatives under paragraph 7 of Schedule A1 to the Local Government Act 2000; and a Muslim faith representative). | | |
| | | |
| : Three voting Members | | |
| Terms of Reference – Health and Adults Scrutiny Sub-Committee | | |
| | | |
| The Health and Adults Scrutiny Sub-Committee has been established to undertake the Council’s responsibilities in respect of Scrutinising local health services and adult social care, covering services provided by the Council as well as those provided by the Council’s partners. | | |
| | | |
| 7 non-executive councillors – the chair and six councillors. | | |
| Two non-voting Co-Optees may also be appointed. | | |
| | | |
| : Three voting Members | | |
| Terms of Reference – Housing and Regeneration Scrutiny Sub-Committee | | |
| | | |
| The Housing and Regeneration Scrutiny Sub-Committee will undertake overview and scrutiny pertaining to housing management and planning matters, as well as regeneration strategy and sustainability, including economic development, regeneration and inequality; and employment strategy and initiatives and skills development. | | |
| | | |
| 7 non-executive councillors – the chair and six councillors | | |
| Two non-voting Co-Optees may also be appointed, | | |
| | | |
| : Three voting Members | | |
| Councillor Call-for Action Procedure | | Councillor Call-for Action Procedure |
| Section 47.1: Tower Hamlets Councillor Call for Action (CCfA) Guide | | Section 47.1: Tower Hamlets Councillor Call for Action (CCfA) Guide |
| Section 47.2: Introduction | | Section 47.2: Introduction |
| Section 49.4: Rights and Duties | | Section 49.4: Rights and Duties |
| Councillors will have such rights of access to such documents, information, land and buildings of the Council as are necessary for the proper discharge of their functions and in accordance with the law. | | Councillors will have such rights of access to such documents, information, land and buildings of the Council as are necessary for the proper discharge of their functions and in accordance with the law. |
| Councillors will not make public information which is confidential or exempt without the consent of the Council or divulge information given in confidence to anyone other than a Councillor or officer entitled to know it. | | Councillors will not make public information which is confidential or exempt without the consent of the Council or divulge information given in confidence to anyone other than a Councillor or officer entitled to know it. |
| n | For these purposes “confidential” and “exempt” are defined in the Access to Information Procedure Rules in Part B Section 8 of the Constitution. | n | For these purposes “confidential” and “exempt” are defined in the Access to Information Procedure Rules set out in Part B, Chapter 10 of the Constitution. |
| Section 49.5: Cessation of Membership | | Section 49.5: Cessation of Membership |
| A Councillor will cease to be a Member if they resign by giving notice in writing, or if they fail to observe the requirement to attend Council meetings as prescribed by section 85 of the Local Government Act 1972 or if they are disqualified from holding office by virtue of section 80 of the Local Government Act 1972 or any other statutory provision. | | A Councillor will cease to be a Member if they resign by giving notice in writing, or if they fail to observe the requirement to attend Council meetings as prescribed by section 85 of the Local Government Act 1972 or if they are disqualified from holding office by virtue of section 80 of the Local Government Act 1972 or any other statutory provision. |
| With regard to the requirement to attend meetings, a Councillor must attend at least one relevant meeting during a period of six (6) months to remain qualified to hold office. A relevant meeting includes Council, the Cabinet, any Committee, Sub Committee or external body to which the Councillor has been formally appointed. | | With regard to the requirement to attend meetings, a Councillor must attend at least one relevant meeting during a period of six (6) months to remain qualified to hold office. A relevant meeting includes Council, the Cabinet, any Committee, Sub Committee or external body to which the Councillor has been formally appointed. |
| If a Councillor believes that there is an exceptional and unavoidable reason why they are unable to attend a relevant meeting during a period of six (6) months or to otherwise perform their proper duties as a Councillor for part or all of the same period, the Councillor concerned may seek a dispensation from the Council by writing to the Chief Executive explaining the reason for their unavoidable absence and the period to which the absence will relate. This will be reported to the Council at its next ordinary meeting. The Council will decide whether or not to grant such an exemption to the attendance requirement and will only do so in exceptional circumstances and with evidence that the absence is unavoidable. An exemption cannot be granted if a particular Councillor’s absence has already exceeded six months. | | If a Councillor believes that there is an exceptional and unavoidable reason why they are unable to attend a relevant meeting during a period of six (6) months or to otherwise perform their proper duties as a Councillor for part or all of the same period, the Councillor concerned may seek a dispensation from the Council by writing to the Chief Executive explaining the reason for their unavoidable absence and the period to which the absence will relate. This will be reported to the Council at its next ordinary meeting. The Council will decide whether or not to grant such an exemption to the attendance requirement and will only do so in exceptional circumstances and with evidence that the absence is unavoidable. An exemption cannot be granted if a particular Councillor’s absence has already exceeded six months. |
| n | Where a Co-opted Member fails to attend (in person) at least half of the ordinarily scheduled Committee/Sub-Committee meetings in a municipal year, the Committee/Sub-Committee on which they sit will receive a report at its first meeting of the new municipal year allowing it to review any mitigating factors and determine whether any action should be taken (including as a final option, recommendation for removal should that be considered appropriate) by Council or the Committee/Sub-Committee who originally appointed them to the role. | n | Where a Co-opted Member fails to attend (in person) at least half of the ordinarily scheduled Committee/Sub-Committee meetings in a municipal year, the Committee/Sub-Committee on which they sit will receive a report at its first meeting of the new municipal year allowing it to review any factors that might justify the absences and determine whether any action should be taken (including as a final option, recommendation for removal should that be considered appropriate) by Council or the Committee/Sub-Committee who originally appointed them to the role. |
| In respect of Scrutiny Committees/Sub-Committees, all reports will be considered by the Overview and Scrutiny Committee to ensure consistency of approach. | | In respect of Scrutiny Committees/Sub-Committees, all reports will be considered by the Overview and Scrutiny Committee to ensure consistency of approach. |
| n | Note – the definition of Co-opted Member is that set out in the Member Code of Conduct – Part H – Section xx (including all Scrutiny Co-optees). | n | Note – the definition of Co-opted Member is that set out in the Member Code of Conduct – Part H, Section 50 (including all Scrutiny Co-optees). |
| Section 49.6: Conduct | | Section 49.6: Conduct |
| The Mayor, Councillors and Co-opted Members will at all times observe the Code of Conduct for Members, Member/Officer Protocol, the Licensing and Planning Codes of Conduct and all other Codes and Protocols set out within this Constitution or otherwise agreed by the Council from time to time. | | The Mayor, Councillors and Co-opted Members will at all times observe the Code of Conduct for Members, Member/Officer Protocol, the Licensing and Planning Codes of Conduct and all other Codes and Protocols set out within this Constitution or otherwise agreed by the Council from time to time. |
| Section 49.7: Allowances | | Section 49.7: Allowances |
| n | The Mayor, Councillors and Co-opted Members will be entitled to receive allowances in accordance with the Members’ Allowances Scheme as set out in Part H Section xx of this Constitution. | n | The Mayor, Councillors and Co-opted Members will be entitled to receive allowances in accordance with the Members’ Allowances Scheme as set out in Part H, Section 53 of this Constitution. |
| Code of Conduct for Members | | Code of Conduct for Members |
| Section 50.1: Introduction and Purpose of the Code | | Section 50.1: Introduction and Purpose of the Code |
| This Code has been developed to support the high standards of leadership and performance of members, and the openness and accountability necessary to ensure public confidence in the way in which you conduct your public duties. | | This Code has been developed to support the high standards of leadership and performance of members, and the openness and accountability necessary to ensure public confidence in the way in which you conduct your public duties. |
| The Code applies to the Mayor, Councillors, and Co-opted Members of the Council, collectively referred to as Member(s) in the remainder of this document. | | The Code applies to the Mayor, Councillors, and Co-opted Members of the Council, collectively referred to as Member(s) in the remainder of this document. |
| A “Co-opted Member” is defined in the Localism Act 2011 Section 27(4) as “a person who is not a Member of the authority but who | | A “Co-opted Member” is defined in the Localism Act 2011 Section 27(4) as “a person who is not a Member of the authority but who |
| n | and who is entitled to vote on any question that falls to be decided at any meeting of that committee or sub-committee”. | n | Some Co-opted Members of the Council’s Scrutiny Committees and the Independent Chair of the Audit Committee do not fall within the above definition as they do not have the right to vote, however they are all are expected to abide by the terms of this Code of Conduct. |
| Some Co-opted Members of the Council’s Scrutiny Committees are not caught by the above definition as they do not have the right to vote, however all Scrutiny Co-optees are expected to abide by the terms of this Code of Conduct. | | |
| The Code does not apply to Independent Persons, Observers and other persons involved in the Council’s Committees, Boards, and Panels. They are expected to take into account the Code and to follow any rules set out by their own organisations and act appropriately. This includes those Members of bodies such as the Health and Wellbeing Board who are appointed by other organisations. | | The Code does not apply to Independent Persons, Observers and other persons involved in the Council’s Committees, Boards, and Panels. They are expected to take into account the Code and to follow any rules set out by their own organisations and act appropriately. This includes those Members of bodies such as the Health and Wellbeing Board who are appointed by other organisations. |
| n | The purpose of this Code of Conduct is to assist you, as a Member, in modelling the behaviour that is expected of you, to provide a personal check and balance, and to set out the type of conduct that could lead to action being taken against you. It is also to protect you, the public, fellow Members, local authority officers and the reputation of local government. It sets out general principles of conduct expected of all Members and your specific obligations in relation to standards of conduct. The LGA encourages the use of support, training and mediation prior to action being taken using the Code. The fundamental aim of the Code is to create and maintain public confidence in the role of Member and local government. | n | The purpose of this Code of Conduct is to assist you, as a Member, in modelling the behaviour that is expected of you, to provide a personal check and balance, and to set out the type of conduct that could lead to action being taken against you. It is also to protect you, the public, fellow Members, local authority officers and the reputation of local government. It sets out general principles of conduct expected of all Members and your specific obligations in relation to standards of conduct. The LGA encourages the use of support, training and mediation prior to action being taken using the Code. The fundamental aim of the Code is to create and maintain public confidence in the role of Members and in local governance generally. |
| In addition to the Member Code of Conduct, the Council’s governance arrangements include a number of further Codes and Protocols set out in the Constitution which provide additional guidance or obligations which Members must consider. These include, but are not limited to, the Planning and Licensing Codes of Conduct and the Member / Officer Relations Protocol. | | In addition to this Code of Conduct, the Council’s governance arrangements include a number of further Codes and Protocols set out in the Constitution which provide additional guidance or obligations which Members must consider and comply with. These include, but are not limited to, the Planning and Licensing Codes of Conduct and the Member / Officer Relations Protocol. |
| As Members you are also required to adhere to the Council’s Social Media policy in your role as a Member. | | As Members you are also required to adhere to the Council’s Social Media policy in your role as a Member. |
| n | The Member Code of Conduct has been set within the context of the Tower Values of ‘Together, Open, Willing, Excellent, and Respect’ which we all hold Council's TOWER values (towerhamlets.gov.uk) . | n | The Member Code of Conduct has been set within the context of the the Council's Tower Values of ‘Together, Open, Willing, Excellent, and Respect’. |
| This Code of Conduct has been developed from the Model Code of Conduct published by the Local Government Association (LGA). The LGA has also produced guidance to accompany its Model Code. This guidance is a useful reference point for Members and officers on the application of the Code. | | This Code of Conduct has been developed from the Model Code of Conduct published by the Local Government Association (LGA). The LGA has also produced guidance to accompany its Model Code. This guidance is a useful reference point for Members and officers on the application of the Code. |
| The relevant sections of the guidance are referenced throughout this Code as a useful guide on the application of the code The full guidance is available here: https://www.local.gov.uk/publications/guidance-local-government-association-model-councillor-code-conduct | | The relevant sections of the guidance are referenced throughout this Code as a useful guide on the application of the code The full guidance is available here: https://www.local.gov.uk/publications/guidance-local-government-association-model-councillor-code-conduct |
| n | | n | |
| Although the guidance is a useful reference for officers and Members, it will be for the Monitoring Officer in consultation with the Independent Person and/or Standards Advisory Committee as appropriate, (applying the Code), to determine whether a Member has breached it. | | Although the guidance is a useful reference for officers and Members, it will be for the Monitoring Officer in consultation with the Independent Person and/or Standards Advisory Committee as appropriate, while applying the Code, to determine whether a Member has breached it. |
| Section 50.2: General principles of Member conduct | | Section 50.2: General Principles of Member Conduct |
| Everyone in public office at all levels; all who serve the public or deliver public services, including ministers, civil servants, Members and local authority officers; should uphold the Seven Principles of Public Life , also known as the Nolan Principles. The Nolan Principles are set out in Appendix A to the Code of Conduct. | | Everyone in public office at all levels; all who serve the public or deliver public services, including ministers, civil servants, Members and local authority officers; should uphold the Seven Principles of Public Life , also known as the Nolan Principles. The Nolan Principles are set out in Appendix A to the Code of Conduct. |
| In accordance with the public trust placed in me, on all occasions: | | In accordance with the public trust placed in me, on all occasions: |
| In undertaking my role: | | In undertaking my role: |
| n | | n | |
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| | | General Principles of Member Conduct |
| | | https://www.local.gov.uk/publications/guidance-local-government-association-model-councillor-code-conduct#general-principles-of-councillor-conduct |
| Section 50.3: Application of the Code of Conduct | | Section 50.3: Application of the Code of Conduct |
| This Code of Conduct applies to you as soon as you sign your declaration of acceptance of the office of Mayor/Councillor or on appointment as a co-opted member and continues to apply to you until you cease to be a Member. | | This Code of Conduct applies to you as soon as you sign your declaration of acceptance of the office of Mayor/Councillor or on appointment as a co-opted member and continues to apply to you until you cease to be a Member. |
| n | This Code of Conduct applies to you when you are acting in your capacity as a member which may include, but is not limited to, when: | n | This Code of Conduct applies to you when you are acting in your capacity as a Member which may include, but is not limited to, when: |
| The Code applies to all forms of communication and interaction, including: | | The Code applies to all forms of communication and interaction, including: |
| You are also expected to uphold high standards of conduct and show leadership at all times when acting as a Member. | | You are also expected to uphold high standards of conduct and show leadership at all times when acting as a Member. |
| Your Monitoring Officer has statutory responsibility for the implementation of the Code of Conduct, and you are encouraged to seek advice from your Monitoring Officer on any matters that may relate to the Code of Conduct. | | Your Monitoring Officer has statutory responsibility for the implementation of the Code of Conduct, and you are encouraged to seek advice from your Monitoring Officer on any matters that may relate to the Code of Conduct. |
| n | | n | |
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| | | Application of the Model Member’s Code of Conduct |
| | | https://www.local.gov.uk/publications/guidance-local-government-association-model-councillor-code-conduct#application-of-the-model-councillors-code-of-conduct |
| Section 50.4: Standards of member conduct | | Section 50.4: Standards of Member Conduct |
| This section sets out your obligations. Should your conduct fall short of these standards, a complaint may be made against you, which may result in action being taken. | | This section sets out your obligations. Should your conduct fall short of these standards, a complaint may be made against you, which may result in action being taken. |
| Section 50.5: General Conduct | | Section 50.5: General Conduct |
| Respect means politeness and courtesy in behaviour, speech, and in the written word. Debate and having different views are all part of a healthy democracy. As a Member, you can express, challenge, criticise and disagree with views, ideas, opinions, and policies in a robust but civil manner. You should not, however, subject individuals, groups of people or organisations to personal attack. | | Respect means politeness and courtesy in behaviour, speech, and in the written word. Debate and having different views are all part of a healthy democracy. As a Member, you can express, challenge, criticise and disagree with views, ideas, opinions, and policies in a robust but civil manner. You should not, however, subject individuals, groups of people or organisations to personal attack. |
| In your contact with the public, you should treat them politely and courteously. Rude and offensive behaviour lowers the public’s confidence in Members. | | In your contact with the public, you should treat them politely and courteously. Rude and offensive behaviour lowers the public’s confidence in Members. |
| n | | n | |
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| | | Respect |
| | | https://www.local.gov.uk/publications/guidance-local-government-association-model-councillor-code-conduct#respect |
| Section 50.6: Public Behaviour | | Section 50.6: Public Behaviour |
| n | In return, you have a right to expect respectful behaviour from the public. If members of the public are being abusive, intimidatory or threatening you are entitled to stop any conversation or interaction in person or online | n | In return, you have a right to expect respectful behaviour from the public. If members of the public are being abusive, intimidatory or threatening you are entitled to stop any conversation or interaction in person or online. |
| If you wish to raise concerns about the behaviour of a member of the public you can seek advice from the Monitoring Officer in the first instance. | | If you wish to raise concerns about the behaviour of a member of the public you can seek advice from the Monitoring Officer in the first instance. |
| Where you have stopped engaging or refused to engage with any member of the public who could reasonably be perceived as being abusive, threatening, intimidatory or otherwise displaying unacceptable behaviours you should direct them to other communication channels within the council. | | Where you have stopped engaging or refused to engage with any member of the public who could reasonably be perceived as being abusive, threatening, intimidatory or otherwise displaying unacceptable behaviours you should direct them to other communication channels within the council. |
| This also applies to fellow Members, where action could then be taken under the Member Code of Conduct, and local authority employees, where concerns should be raised in line with the Member / Officer Relations Protocol. | | This also applies to fellow Members, where action could then be taken under the Member Code of Conduct, and local authority employees, where concerns should be raised in line with the Member / Officer Relations Protocol. |
| The Protection from Harassment Act 1997 defines harassment as conduct that causes alarm or distress or puts people in fear of violence and must involve such conduct on at least two occasions. It can include repeated attempts to impose unwanted communications and contact upon a person in a manner that could be expected to cause distress or fear in any reasonable person. | | The Protection from Harassment Act 1997 defines harassment as conduct that causes alarm or distress or puts people in fear of violence and must involve such conduct on at least two occasions. It can include repeated attempts to impose unwanted communications and contact upon a person in a manner that could be expected to cause distress or fear in any reasonable person. |
| Unlawful discrimination is where someone is treated unfairly because of a protected characteristic. Protected characteristics are specific aspects of a person's identity defined by the Equality Act 2010. They are age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex and sexual orientation. | | Unlawful discrimination is where someone is treated unfairly because of a protected characteristic. Protected characteristics are specific aspects of a person's identity defined by the Equality Act 2010. They are age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex and sexual orientation. |
| The Equality Act 2010 places specific duties on local authorities. Members have a central role to play in ensuring that equality issues are integral to the local authority's performance and strategic aims, and that there is a strong vision and public commitment to equality across public services. | | The Equality Act 2010 places specific duties on local authorities. Members have a central role to play in ensuring that equality issues are integral to the local authority's performance and strategic aims, and that there is a strong vision and public commitment to equality across public services. |
| n | | n | |
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| | | Bullying, Harassment and Discrimination |
| | | https://www.local.gov.uk/publications/guidance-local-government-association-model-councillor-code-conduct#bullying |
| Officers work for the local authority as a whole and must be politically neutral (unless they are political assistants). They should not be coerced or persuaded to act in a way that would undermine their neutrality. You can question officers to understand, for example, their reasons for proposing to act in a particular way, or the content of a report that they have written. However, you cannot require or coerce them to act differently, change their advice, or alter the content of that report. | | Officers work for the local authority as a whole and must be politically neutral (unless they are political assistants). They should not be coerced or persuaded to act in a way that would undermine their neutrality. You can question officers to understand, for example, their reasons for proposing to act in a particular way, or the content of a report that they have written. However, you must not require or coerce them to act differently, change their advice, or alter the content of that report if doing so would prejudice their professional integrity. |
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| | | Impartiality of Officers |
| | | https://www.local.gov.uk/publications/guidance-local-government-association-model-councillor-code-conduct#impartiality-of-officers- |
| Local authorities must work openly and transparently, and their proceedings and printed materials are open to the public, except in certain legally defined circumstances. You should work on this basis, but there will be times when it is required by law that discussions, documents and other information relating to or held by the local authority must be treated in a confidential manner. Examples include personal data relating to individuals or information relating to ongoing negotiations. | | Local authorities must work openly and transparently, and their proceedings and printed materials are open to the public, except in certain legally defined circumstances. You should work on this basis, but there will be times when it is required by law that discussions, documents and other information relating to or held by the local authority must be treated in a confidential manner. Examples include personal data relating to individuals or information relating to ongoing negotiations. |
| n | | n | |
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| | | Confidentiality and Access to Information |
| | | https://www.local.gov.uk/publications/guidance-local-government-association-model-councillor-code-conduct#confidentiality-and-access-to-information- |
| As a Member, you are trusted to make decisions on behalf of your community and your actions and behaviour are subject to greater scrutiny than that of ordinary members of the public. You should be aware that your actions might have an adverse impact on you, other Members and/or your local authority and may lower the public’s confidence in your or your local authority’s ability to discharge your/it’s functions. For example, behaviour that is considered dishonest and/or deceitful can bring your local authority into disrepute. | | As a Member, you are trusted to make decisions on behalf of your community and your actions and behaviour are subject to greater scrutiny than that of ordinary members of the public. You should be aware that your actions might have an adverse impact on you, other Members and/or your local authority and may lower the public’s confidence in your (or your local authority’s) ability to discharge your/its functions. For example, behaviour that is considered dishonest and/or deceitful can bring your local authority into disrepute. |
| Members collectively are able to hold the local authority and fellow Members to account and where appropriate you can constructively challenge and express concern about decisions and processes undertaken by the council whilst continuing to adhere to other aspects of this Code of Conduct. Members should not make trivial or malicious allegations against each other. | | Members collectively are able to hold the local authority and fellow Members to account and where appropriate you can constructively challenge and express concern about decisions and processes undertaken by the council whilst continuing to adhere to other aspects of this Code of Conduct. Members should not make trivial or malicious allegations against each other. |
| n | | n | |
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| | | Disrepute |
| | | https://www.local.gov.uk/publications/guidance-local-government-association-model-councillor-code-conduct#disrepute- |
| Your position as a member of the local authority provides you with certain opportunities, responsibilities and privileges, and you make choices all the time that will impact others. However, you should not take advantage of these opportunities to further your own or others’ private interests or to disadvantage anyone unfairly. | | Your position as a member of the local authority provides you with certain opportunities, responsibilities and privileges, and you make choices all the time that will impact others. However, you should not take advantage of these opportunities to further your own or others’ private interests or to disadvantage anyone unfairly. |
| n | | n | |
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| | | Misuse of Position |
| | | https://www.local.gov.uk/publications/guidance-local-government-association-model-councillor-code-conduct#misuse-of-position |
| You may be provided with resources and facilities by the local authority to assist you in carrying out your duties as a Member. They should be used in accordance with the purpose for which they have been provided and the local authority’s own policies regarding their use and are not to be used for business or personal gain. | | You may be provided with resources and facilities by the local authority to assist you in carrying out your duties as a Member. They should be used in accordance with the purpose for which they have been provided and the local authority’s own policies regarding their use and are not to be used for business or personal gain. Examples include: |
| Examples include: | | |
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| | | Misuse of resources and facilities |
| | | https://www.local.gov.uk/publications/guidance-local-government-association-model-councillor-code-conduct#misuse-of-resources-and-facilities- |
| | | It is extremely important for you as a Member to demonstrate high standards of conduct, for you to have your actions open to scrutiny and for you not to undermine public trust in the local authority or its governance. |
| | | Members are reminded that failure to co-ordinate with an investigation into a complaint of breach of the Code of Conduct or comply with relevant timescales, whether at the initial or full investigation stage, is itself a breach of the Code of Conduct. |
| If you do not understand or are concerned about the local authority’s processes in handling a complaint you should raise this with your Monitoring Officer. | | If you do not understand or are concerned about the local authority’s processes in handling a complaint you should raise this with the Monitoring Officer. |
| Any alleged breach of this code will be dealt with in accordance with the arrangements set out in arrangements for dealing with complaints of breach of the code of conduct for members in section xx. | | Any alleged breach of this code will be dealt with in accordance with the arrangements set out in arrangements for dealing with complaints of breach of the code of conduct for members in Chapter 51 . |
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| | | Complying with the Code of Conduct |
| | | https://www.local.gov.uk/publications/guidance-local-government-association-model-councillor-code-conduct#complying-with-the-code-of-conduct |
| Section 29 of the Localism Act 2011 requires the Monitoring Officer to establish and maintain a register of interests of members of the authority. | | Section 29 of the Localism Act 2011 requires the Monitoring Officer to establish and maintain a register of interests of Members of the authority. |
| An example of an interest is something which is of value to you which you may have through personal, professional or other private reasons. For example, your job, home or other property. Your main financial interests are called Pecuniary Interests. | | An example of an interest is something which is of value to you which you may have through personal, professional or other private reasons. For example, your job, home or other property. Your main financial interests are called Pecuniary Interests. |
| You should note that failure to register or disclose a Disclosable Pecuniary Interest as set out in Table 1 of Appendix B, is a criminal offence under the Localism Act 2011 for which you can be prosecuted. | | You should note that failure to register or disclose a Disclosable Pecuniary Interest as set out in Table 1 of Appendix B, is a criminal offence under the Localism Act 2011 for which you can be prosecuted. |
| You need to register your interests so that the public, local authority employees and fellow Members know which of your interests might give rise to a conflict of interest. | | You need to register your interests so that the public, local authority employees and fellow Members know which of your interests might give rise to a conflict of interest. |
| n | An example of a conflict of interest is ‘a situation where your interests (or responsibility to another organisation) could be (or could be seen to be) in conflict with your responsibilities as a Member’. This is especially important in relation to your role as a decision maker at the Council. Table 3 of Appendix B sets out how different types of declarations should be dealt with at meetings. | n | An example of a conflict of interest is ‘a situation where your interests (or responsibility to another organisation) could be (or could be seen to be) in conflict with your responsibilities as a Member’. This is especially important in relation to your role as a decision maker at the council. Table 3 of Appendix B sets out detailed provisions on registering interests and how different types of declarations should be made and dealt with at meetings. |
| If in doubt, always seek advice from your Monitoring Officer. | | If in doubt, always seek advice from your Monitoring Officer. |
| n | The register of interests maintained by the Monitoring Officer is a public document that can be consulted when (or before) an issue arises. Your interests will be published on your Council web page. | n | The register of interests maintained by the Monitoring Officer is a public document that can be consulted when (or before) an issue arises. Your interests will be published on your council web page. |
| The register also protects you by allowing you to demonstrate openness and a willingness to be held accountable. You are personally responsible for deciding whether you should disclose an interest in a meeting, but it can be helpful for you to know early on if others think that a potential conflict might arise. It is also important that the public know about any interest that might have to be disclosed by you or other Members when making or taking part in decisions, so that decision making is seen by the public as open and honest. This helps to ensure that public confidence in the integrity of local governance is maintained. | | The register also protects you by allowing you to demonstrate openness and a willingness to be held accountable. You are personally responsible for deciding whether you should disclose an interest in a meeting, but it can be helpful for you to know early on if others think that a potential conflict might arise. It is also important that the public know about any interest that might have to be disclosed by you or other Members when making or taking part in decisions, so that decision making is seen by the public as open and honest. This helps to ensure that public confidence in the integrity of local governance is maintained. |
| n | | n | |
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| | | Declarations of Interest |
| | | https://www.local.gov.uk/publications/guidance-local-government-association-model-councillor-code-conduct#declarations-of-interest |
| In order to protect your position and the reputation of the local authority, you should exercise caution in accepting any gifts or hospitality which are (or which you reasonably believe to be) offered to you because you are a Member. | | In order to protect your position and the reputation of the local authority, you should exercise caution in accepting any gifts or hospitality which are (or which you reasonably believe to be) offered to you because you are a Member. |
| n | It would be expected that you would accept normal gifts and hospitality in relation to your work. However, if the gift or hospitality was valued at over £100 you would normally only accept it if it directly related to your role as a Member. You should make the reasons for acceptance clear in your declaration. | n | In particular you should exercise extreme caution in accepting any gift or hospitality valued at over £100 that is being offered to you due to your role as a Member. You should make the reasons for acceptance clear in your declaration. |
| However, there may be times when such a refusal may be difficult if it is seen as rudeness in which case you could accept it but must ensure it is publicly registered. | | However, there may be times when such a refusal may be difficult if it is seen as rudeness in which case you could accept it but must ensure it is publicly registered. |
| n | However, you do not need to register gifts and hospitality which are not related to your role as a member and that you would have received anyway such as: | n | However, you do not need to register gifts and hospitality which are not related to your role as a Member and that you would have received anyway such as: |
| | | Local Government Association Guidance on the Model Code of Conduct – Registration of gifts, hospitality and interests |
| | | https://www.local.gov.uk/publications/guidance-local-government-association-model-councillor-code-conduct#registration-of-gifts-hospitality-and-interests |
| | | As part of the Continuous Improvement Plan, the Council has developed the Member Pledge. The Member Pledge is not part of this Code of Conduct, but it is designed to improve Member behaviours and relationships. |
| Section 50.7: Appendix A | | Section 50.7: Appendix A |
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| n | | n | |
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| The Seven Principles of Public Life (also known as the Nolan Principles) apply to anyone who works as a public office-holder. This includes all those who are elected or appointed to public office, nationally and locally, and all people appointed to work in the Civil Service, local government, the police, courts and probation services, non-departmental public bodies (NDPBs), and in the health, education, social and care services. All public office-holders are both servants of the public and stewards of public resources. The principles also apply to all those in other sectors delivering public services. | | The Seven Principles of Public Life (also known as the Nolan Principles) apply to anyone who works as a public office-holder. This includes all those who are elected or appointed to public office, nationally and locally, and all people appointed to work in the Civil Service, local government, the police, courts and probation services, non-departmental public bodies (NDPBs), and in the health, education, social and care services. All public office-holders are both servants of the public and stewards of public resources. The principles also apply to all those in other sectors delivering public services. |
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| n | | n | |
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| Holders of public office should act solely in terms of the public interest. | | |
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| Holders of public office must avoid placing themselves under any obligation to people or organisations that might try inappropriately to influence them in their work. They should not act or take decisions in order to gain financial or other material benefits for themselves, their family, or their friends. They must declare and resolve any interests and relationships. | | |
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| Holders of public office must act and take decisions impartially, fairly and on merit, using the best evidence and without discrimination or bias. | | |
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| Holders of public office are accountable to the public for their decisions and actions and must submit themselves to the scrutiny necessary to ensure this. | | |
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| Holders of public office should act and take decisions in an open and transparent manner. Information should not be withheld from the public unless there are clear and lawful reasons for so doing. | | |
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| Holders of public office should be truthful. | | |
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| | | Holders of public office should act solely in terms of the public interest. |
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| | | Holders of public office must avoid placing themselves under any obligation to people or organisations that might try inappropriately to influence them in their work. They should not act or take decisions in order to gain financial or other material benefits for themselves, their family, or their friends. They must declare and resolve any interests and relationships. |
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| | | Holders of public office must act and take decisions impartially, fairly and on merit, using the best evidence and without discrimination or bias. |
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| | | Holders of public office are accountable to the public for their decisions and actions and must submit themselves to the scrutiny necessary to ensure this. |
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| | | Holders of public office should act and take decisions in an open and transparent manner. Information should not be withheld from the public unless there are clear and lawful reasons for so doing. |
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| | | Holders of public office should be truthful. |
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| Holders of public office should exhibit these principles in their own behaviour and treat others with respect. They should actively promote and robustly support the principles and challenge poor behaviour wherever it occurs. | | Holders of public office should exhibit these principles in their own behaviour and treat others with respect. They should actively promote and robustly support the principles and challenge poor behaviour wherever it occurs. |
| Section 50.8: Appendix B | | Section 50.8: Appendix B |
| Within 28 days of becoming a member or your re-election or re-appointment to office you must register with the Monitoring Officer the interests which fall within the categories set out in | | Within 28 days of becoming a member or your re-election or re-appointment to office you must register with the Monitoring Officer the interests which fall within the categories set out in |
| n | ( ) which are as described in “The Relevant Authorities (Disclosable Pecuniary Interests) Regulations 2012”. You should also register details of your other personal interests which fall within the categories set out in | n | ( ) which are as described in “The Relevant Authorities (Disclosable Pecuniary Interests) Regulations 2012”. You should also register details of your other personal interests which fall within the categories set out in |
| ( | | ( |
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| ). | | |
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| “ | | “ |
| means an interest of yourself, or of your partner if you are aware of your partner's interest, within the descriptions set out in Table 1 below. | | means an interest of yourself, or of your partner if you are aware of your partner's interest, within the descriptions set out in Table 1 below. |
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| n | | n | |
| means a spouse or civil partner, or a person with whom you are living as husband or wife, or a person with whom you are living as if you are civil partners. | | means a spouse or civil partner, or a person with whom you are living as husband or wife, or a person with whom you are living as if you are civil partners. |
| You must ensure that your register of interests is kept up-to-date and within 28 days of becoming aware of any new interest, or of any change to a registered interest, notify the Monitoring Officer. | | You must ensure that your register of interests is kept up-to-date and within 28 days of becoming aware of any new interest, or of any change to a registered interest, notify the Monitoring Officer. |
| A ‘sensitive interest’ is as an interest which, if disclosed, could lead to the member, or a person connected with the member, being subject to violence or intimidation. | | A ‘sensitive interest’ is as an interest which, if disclosed, could lead to the member, or a person connected with the member, being subject to violence or intimidation. |
| Where you have a ‘sensitive interest’ you must notify the Monitoring Officer with the reasons why you believe it is a sensitive interest. If the Monitoring Officer agrees they will withhold the interest from the public register. | | Where you have a ‘sensitive interest’ you must notify the Monitoring Officer with the reasons why you believe it is a sensitive interest. If the Monitoring Officer agrees they will withhold the interest from the public register. |
| In an open plan office environment Members and officers must be particularly careful to maintain confidentiality and the Council’s meeting rooms and facilities should be used to discuss sensitive or confidential issues. | | In an open plan office environment Members and officers must be particularly careful to maintain confidentiality and the Council’s meeting rooms and facilities should be used to discuss sensitive or confidential issues. |
| Section 9 of the Local Government and Housing Act, 1989 gives councils a power to appoint up to 3 political assistants to qualifying political groups. A political assistant undertakes research and provides administrative support to the main political group in the Council. Whilst the Act allows the political affiliation of an individual to be taken into account in the appointment of any Political or Mayor’s Assistant, they remain officers of the Council and must therefore not undertake any activity, which may be deemed unlawful. In this context, it should be realised that officer support to the political groups is in the context of their role in the discharge of Council business and although it may require liaison with political parties, at both local and national level, should not be used in promoting the views of an individual political party or undertaking campaigning or other party political business. | | Section 9 of the Local Government and Housing Act, 1989 gives councils a power to appoint up to 3 political assistants to qualifying political groups. A political assistant undertakes research and provides administrative support to the main political group in the Council. Whilst the Act allows the political affiliation of an individual to be taken into account in the appointment of any Political or Mayor’s Assistant, they remain officers of the Council and must therefore not undertake any activity, which may be deemed unlawful. In this context, it should be realised that officer support to the political groups is in the context of their role in the discharge of Council business and although it may require liaison with political parties, at both local and national level, should not be used in promoting the views of an individual political party or undertaking campaigning or other party political business. |
| Political assistants hold politically restricted posts and therefore also face restrictions on their personal political activity. | | Political assistants hold politically restricted posts and therefore also face restrictions on their personal political activity. |
| n | Section 52.8: H - Interests | n | Section 52.11: H - Interests |
| There is a whole range of circumstances where the Council as a corporate body may be involved in legal proceedings. This could be against residents or other individuals, organisations and companies, and across the whole range of service areas including housing, planning, highways, etc. Members have a clear role in representing residents’ and general public interests. In this representative capacity, Members will inevitably become involved in issues where the Council is considering, or is in the process of taking legal action, or where the Council is the defendant to legal actions brought by third parties. | | There is a whole range of circumstances where the Council as a corporate body may be involved in legal proceedings. This could be against residents or other individuals, organisations and companies, and across the whole range of service areas including housing, planning, highways, etc. Members have a clear role in representing residents’ and general public interests. In this representative capacity, Members will inevitably become involved in issues where the Council is considering, or is in the process of taking legal action, or where the Council is the defendant to legal actions brought by third parties. |
| Conflicts of interest will almost certainly occur when a Member is enquiring on behalf of an individual or body involved in legal action by or against the Council. In such cases, Members will be required to balance their representative role with their wider responsibilities in representing the corporate interests of the authority. For this reason, Members must be circumspect in any dealing with persons taking action against the Council, or against whom any legal action is being taken. Particularly, Members must be extremely cautious about having any dealings with professional representatives, advisers or witnesses in the case. Not only could such intervention prejudice the Council’s position but the Members could find himself/ herself accused of an offence of Misconduct of Public Office or, Perverting the Course of Justice or an attempt or conspiracy to do so. | | Conflicts of interest will almost certainly occur when a Member is enquiring on behalf of an individual or body involved in legal action by or against the Council. In such cases, Members will be required to balance their representative role with their wider responsibilities in representing the corporate interests of the authority. For this reason, Members must be circumspect in any dealing with persons taking action against the Council, or against whom any legal action is being taken. Particularly, Members must be extremely cautious about having any dealings with professional representatives, advisers or witnesses in the case. Not only could such intervention prejudice the Council’s position but the Members could find himself/ herself accused of an offence of Misconduct of Public Office or, Perverting the Course of Justice or an attempt or conspiracy to do so. |
| It is therefore particularly important that Members should be sure not only to avoid any actual impropriety, but at all times avoid any occasion for suspicion or any appearance of improper conduct. | | It is therefore particularly important that Members should be sure not only to avoid any actual impropriety, but at all times avoid any occasion for suspicion or any appearance of improper conduct. |
| Whilst Members have every right to information on how any such matter is being dealt with and a duty to represent their constituents, However, the response on behalf of the Council will necessarily be limited to comments on process, so as not to prejudice the proceedings. | | Whilst Members have every right to information on how any such matter is being dealt with and a duty to represent their constituents, However, the response on behalf of the Council will necessarily be limited to comments on process, so as not to prejudice the proceedings. |
| In respect of any ongoing or contemplated proceedings, all enquiries must be addressed to either the appropriate Director or Corporate Director. On no account is the Member to contact any officers involved in the proceedings to discuss or make any enquiries regarding the proceedings. | | In respect of any ongoing or contemplated proceedings, all enquiries must be addressed to either the appropriate Director or Corporate Director. On no account is the Member to contact any officers involved in the proceedings to discuss or make any enquiries regarding the proceedings. |
| If a Member believes that the Council’s actions or intentions are wrong, they should inform the Corporate Director concerned. It must then be for the Corporate Director to determine what action to take. If the Member remains unhappy with the action taken, then they should refer the matter to the Council’s Monitoring Officer or to the Chief Executive. | | If a Member believes that the Council’s actions or intentions are wrong, they should inform the Corporate Director concerned. It must then be for the Corporate Director to determine what action to take. If the Member remains unhappy with the action taken, then they should refer the matter to the Council’s Monitoring Officer or to the Chief Executive. |
| n | Section 52.9: I - Complying with the Protocol | n | Section 52.12: I - Complying with the Protocol |
| If an officer has a complaint about a Member it is always preferable to resolve matters informally, through an appropriate senior manager. If the matter cannot be resolved informally or it is not suitable for such then officers can make a complaint to the Monitoring Officer. | | If an officer has a complaint about a Member it is always preferable to resolve matters informally, through an appropriate senior manager. If the matter cannot be resolved informally or it is not suitable for such then officers can make a complaint to the Monitoring Officer. |
| If a Member has a concern about the conduct or capability of an officer, they should raise the matter privately with the appropriate Director or Corporate Director. Any concern about a Corporate Director should be raised privately with the Chief Executive. Any concern about the Chief Executive should be raised privately with the Monitoring Officer. | | If a Member has a concern about the conduct or capability of an officer, they should raise the matter privately with the appropriate Director or Corporate Director. Any concern about a Corporate Director should be raised privately with the Chief Executive. Any concern about the Chief Executive should be raised privately with the Monitoring Officer. |
| Members’ allowances scheme | | Members’ allowances scheme |
| Section 53.1: This Scheme is made by the London Borough of Tower Hamlets in accordance with the provisions of the Local Authorities (Members’ Allowances) (England) Regulations 2003 as amended. | | Section 53.1: This Scheme is made by the London Borough of Tower Hamlets in accordance with the provisions of the Local Authorities (Members’ Allowances) (England) Regulations 2003 as amended. |
| n | This Scheme shall be called The London Borough of Tower Hamlets Members’ Allowances Scheme 2025 and it shall come into effect on 1 April 2025. The Scheme shall apply to the Mayor, Councillors and Co-opted Members of the London Borough of Tower Hamlets. | n | This Scheme is called The London Borough of Tower Hamlets Members’ Allowances Scheme 2025 and it came into effect on 1 April 2025. Allowances in The Scheme were updated at Annual Council and the new allowances came into force from 21st of May 2026. The Scheme applies to the Mayor, Councillors and Co-opted Members of the London Borough of Tower Hamlets. |
| Section 53.2: Basic Allowance | | Section 53.2: Basic Allowance |
| n | Subject to paragraph 8, a basic allowance of £11,898 shall be paid to each Councillor for each year. The Basic Allowance shall not be payable to the elected Mayor. | n | Subject to paragraph 8, a basic allowance of £12,792 shall be paid to each Councillor for each year. The Basic Allowance shall not be payable to the elected Mayor. |
| The basic allowance of £11,898 shall be payable with effect from 1 April 2025. | | The basic allowance of £11,898 shall be payable with effect from 1 April 2025. An updated basic allowance of £12,792 shall be payable from 21 May 2026. |
| Section 53.3: Special Responsibility Allowance | | Section 53.3: Special Responsibility Allowance |
| Subject to paragraphs 5-8, a special responsibility allowance shall be paid for each year to those Members who hold a position of special responsibility as specified in Schedule 1. | | Subject to paragraphs 5-8, a special responsibility allowance shall be paid for each year to those Members who hold a position of special responsibility as specified in Schedule 1. |
| The amount of each such allowance shall be the amount specified against the respective special responsibility in Schedule 1 and it shall be payable with effect from 1 April 2025. | | The amount of each such allowance shall be the amount specified against the respective special responsibility in Schedule 1 and it shall be payable with effect from 1 April 2025. |
| Raising concerns through the media is not an appropriate or effective channel and may result in an employee breaching obligations under this Code resulting in disciplinary action. The Council’s whistleblowing policy gives details of how to raise concerns with more appropriate and independent organisations outside the Council. | | Raising concerns through the media is not an appropriate or effective channel and may result in an employee breaching obligations under this Code resulting in disciplinary action. The Council’s whistleblowing policy gives details of how to raise concerns with more appropriate and independent organisations outside the Council. |
| Section 56.15: COUNCIL POLICIES, PROCEDURES AND OPERATING GUIDELINES | | Section 56.15: COUNCIL POLICIES, PROCEDURES AND OPERATING GUIDELINES |
| In addition to this Code of Conduct, the work of Council employees is governed, in most areas, by established policies, procedures and operational guidelines which ensure: (a) that the Council meets its statutory obligations, | | In addition to this Code of Conduct, the work of Council employees is governed, in most areas, by established policies, procedures and operational guidelines which ensure: (a) that the Council meets its statutory obligations, |
| n | (b) that service standards are maintained, | n | (b) that service standards are maintained, |
| (c) that staff operate within their approved authority, and | | (c) that staff operate within their approved authority, and |
| (d) that proper monitoring and auditing processes can be applied. | | (d) that proper monitoring and auditing processes can be applied. |
| Whilst your manager will assist you, employees also have a personal responsibility to ensure that they are familiar with their responsibilities under the Council’s Constitution and work within Council policies, procedures and operating guidelines. | | Whilst your manager will assist you, employees also have a personal responsibility to ensure that they are familiar with their responsibilities under the Council’s Constitution and work within Council policies, procedures and operating guidelines. |
| Allegations of any failure to meet the requirements of this Code may be dealt with under the Council’s Disciplinary Procedure. | | Allegations of any failure to meet the requirements of this Code may be dealt with under the Council’s Disciplinary Procedure. |
| Functions of the Chief Executive, Monitoring Officer, Chief Finance Officer and Corporate Directors | | Functions of the Chief Executive, Monitoring Officer, Chief Finance Officer and Corporate Directors |
| Section 57.1: The Chief Executive | | Section 57.1: The Chief Executive |
| The Chief Executive is appointed as Head of Paid Service under s 4 of the Local Government and Housing Act 1989 to carry out the Council’s statutory obligations to report to the Council as appropriate with regard to the way in which the overall discharge by the Council of its different functions is co-ordinated, the number and grades of staff required for the discharge of these functions, the way in which these people are organised and managed, and the way in which they are appointed under that Act. This post is responsible for the corporate and overall strategic management of the Council as a whole and is responsible for establishing a framework for management direction, style and standards and for monitoring the performance of the Council. Its overriding responsibility is to the Council and not to the Mayor, any party-political group, or other grouping of Members. It must report to and provide information for the Executive, the full Council, the Overview and Scrutiny Committee and other Committees. The Political neutrality of the office holder must be respected at all times. | | The Chief Executive is appointed as Head of Paid Service under s 4 of the Local Government and Housing Act 1989 to carry out the Council’s statutory obligations to report to the Council as appropriate with regard to the way in which the overall discharge by the Council of its different functions is co-ordinated, the number and grades of staff required for the discharge of these functions, the way in which these people are organised and managed, and the way in which they are appointed under that Act. This post is responsible for the corporate and overall strategic management of the Council as a whole and is responsible for establishing a framework for management direction, style and standards and for monitoring the performance of the Council. Its overriding responsibility is to the Council and not to the Mayor, any party-political group, or other grouping of Members. It must report to and provide information for the Executive, the full Council, the Overview and Scrutiny Committee and other Committees. The Political neutrality of the office holder must be respected at all times. |
| n | | n | |
| | | |
| The Chief Executive works closely with the Mayor to assist in the development of the Mayor’s strategic policy and to ensure that such is then put into practice and, in that regard, will: | | |
| | | |
| Ensure that the Mayor and Council’s priorities and goals can be implemented in a timely, efficient and innovative way through focused strategies, projects and programmes. | | |
| | | |
| Act as the principal policy adviser to the Mayor and Members and will secure the best professional advice on all relevant matters in respect of the Council’s functions and services. | | |
| | | |
| Develop a professional partnership with the Mayor and Members to ensure that the Council’s vision, goals and core values are made reality and to provide a clear sense of direction, optimism and purpose and marshal the resources of the whole organisation to this end. | | |
| | | |
| Assist the Mayor in partnership working by taking the lead in developing effective partnerships at management level with other public agencies, private companies and local community organisations to achieve better public services and improved results for local people. | | |
| (i) The Chief Executive may exercise any executive function in cases of emergency or extreme urgency whether or not reserved to the Mayor and following the exercise of such power will provide a written report to the Mayor setting out the decision taken and the reason for it including the reasons for emergency or extreme urgency. | | |
| (ii) The Chief Executive may exercise any non-executive function in cases of emergency or extreme urgency whether or not reserved to the Council and following the exercise of such power will provide a written report to the Council setting out the decision taken and the reasons for it, including the reasons for emergency or extreme urgency. | | |
| The Chief Executive is also responsible for ensuring that all decisions made by the Mayor and the reasons for them are made public and will ensure that Council Members are aware of decisions made by the Mayor and of those made by officers who have delegated executive responsibility. | | |
| If the Chief Executive considers that any proposal, decision or omission raises a significant concern it must be reported in writing to the Mayor in relation to an executive function or to the Council in relation to a non-executive function. Such a report will have the effect of immediately stopping the proposal or decision being implemented until the report has been considered. The report must be considered within 21 days at a meeting of either Council or the Mayor/Mayor in Cabinet as appropriate. | | |
| As soon as practicable after either the Council or the Mayor/Mayor in Cabinet has considered this report, it shall prepare and publish a report that will include; (i) what action it has taken in response to the report (ii) what action it proposes to take in response to the report and when it proposes to take that action; (iii) the reasons for taking that action, or the reason for not taking any action. | | |
| Section 57.2: Deputy Chief Executive | | Section 57.2: Deputy Chief Executive |
| Should the Chief Executive be unavailable for any reason, their designated Deputy Chief Executive may undertake any function and/or take any decision which is the responsibility of the Chief Executive. | | Should the Chief Executive be unavailable for any reason, their designated Deputy Chief Executive may undertake any function and/or take any decision which is the responsibility of the Chief Executive. |
| Note – the role of Returning Officer is designated to the Chief Executive personally and not to the post and so these responsibilities cannot be delegated to the Deputy Chief Executive. | | Note – the role of Returning Officer is designated to the Chief Executive personally and not to the post and so these responsibilities cannot be delegated to the Deputy Chief Executive. |
| Section 57.3: Functions of the Monitoring Officer and Director of Legal | | Section 57.3: Functions of the Monitoring Officer and Director of Legal |
| The Director of Legal is appointed under the provisions of s 5 of the Local Government and Housing Act 1989 to be the Council’s Monitoring Officer and to carry out the Council’s statutory functions under that Act in respect of matters of legality, conduct, and probity. The Monitoring Officer may not be the Head of Paid Service or the Chief Finance Officer, but will liaise as appropriate with the Head of Paid Service in the discharge of their functions. | | The Director of Legal is appointed under the provisions of s 5 of the Local Government and Housing Act 1989 to be the Council’s Monitoring Officer and to carry out the Council’s statutory functions under that Act in respect of matters of legality, conduct, and probity. The Monitoring Officer may not be the Head of Paid Service or the Chief Finance Officer, but will liaise as appropriate with the Head of Paid Service in the discharge of their functions. |
| The Monitoring Officer is a member of the Corporate Leadership Team with a direct reporting line to the Chief Executive. | | The Monitoring Officer is a member of the Corporate Leadership Team with a direct reporting line to the Chief Executive. |
| n | | n | |
| (a) The Monitoring Officer will maintain an up-to-date version of the Constitution and will ensure that each Member of the authority has access to a copy of this Constitution upon delivery of that individual’s declaration of acceptance of office on the Member first being elected to the Council. The Monitoring Officer will ensure that the Constitution is published on the Council’s website and that the Constitution can be purchased by members of the local press and the public on payment of a reasonable fee. | | The Monitoring Officer will maintain an up-to-date version of the Constitution and will ensure that each Member of the authority has access to a copy of this Constitution upon delivery of that individual’s declaration of acceptance of office on the Member first being elected to the Council. The Monitoring Officer will ensure that the Constitution is published on the Council’s website and that the Constitution can be purchased by members of the local press and the public on payment of a reasonable fee. |
| The Monitoring Officer will monitor and review the operation of the Constitution and may make recommendations to ensure that the aims and principles of the Constitution are given full effect. A key role is to be aware of the strengths and weaknesses of the Constitution and to make recommendations for ways in which it could be amended in order better to achieve the purpose of the Constitution. In undertaking this role the Monitoring Officer may: | | The Monitoring Officer will monitor and review the operation of the Constitution and may make recommendations to ensure that the aims and principles of the Constitution are given full effect. A key role is to be aware of the strengths and weaknesses of the Constitution and to make recommendations for ways in which it could be amended in order better to achieve the purpose of the Constitution. In undertaking this role the Monitoring Officer may: |
| n | Section 57.4: Changes to the Constitution. | n | |
| The Monitoring Officer • Can approve all non-material changes to the Constitution including those that reflect decisions taken by the Council or changes in legislation or to correct matters of fact; and • Can recommend to General Purposes Committee and /or Council for approval material changes to the Constitution. | | The Monitoring Officer: • Can approve all non-material changes to the Constitution including those that reflect decisions taken by the Council or changes in legislation or to correct matters of fact; and • Can recommend to General Purposes Committee and /or Council for approval material changes to the Constitution. (Note that the Supplementary Documents Pack sets out its own delegated authorities to change Sections within that part of the document.) |
| (Note that the Supplementary Documents Pack sets out its own delegated authorities to change Sections within that part of the document.) | | |
| Section 57.5: Interpreting the Constitution. | | |
| The Monitoring Officer will advise as to the construction or application of the Constitution. | | The Monitoring Officer will advise as to the construction or application of the Constitution. |
| Section 57.6: Ensuring lawfulness and fairness of decision making. | | |
| If the Monitoring Officer considers that any proposal, decision or omission would give rise to unlawfulness; or if any decision or omission has given rise to maladministration, , after consulting with the Head of the Paid Service and Chief Finance Officer, they will report in writing to the Mayor in relation to an executive function or to Council in relation to a non-executive function. Such a report will have the effect of immediately stopping the proposal or decision being implemented until the report has been considered. The report must be considered within 21 days at a meeting of either Council or by the Mayor/Mayor in Cabinet as appropriate. | | If the Monitoring Officer considers that any proposal, decision or omission would give rise to unlawfulness; or if any decision or omission has given rise to maladministration, , after consulting with the Head of the Paid Service and Chief Finance Officer, they will report in writing to the Mayor in relation to an executive function or to Council in relation to a non-executive function. Such a report will have the effect of immediately stopping the proposal or decision being implemented until the report has been considered. The report must be considered within 21 days at a meeting of either Council or by the Mayor/Mayor in Cabinet as appropriate. |
| As soon as practicable after Council or the Mayor/Mayor in Cabinet has considered the Monitoring Officer’s report, it shall prepare and publish a report that will include: | | As soon as practicable after Council or the Mayor/Mayor in Cabinet has considered the Monitoring Officer’s report, it shall prepare and publish a report that will include: |
| Section 57.7: Supporting the Standards Advisory Committee. | | |
| | | |
| n | The Monitoring Officer is responsible for promoting and maintaining high standards of ethical conduct throughout the Council and will provide support to the Standards Advisory Committee, in particular by | n | The Monitoring Officer is responsible for promoting and maintaining high standards of ethical conduct throughout the Council and will provide support to the Standards Advisory Committee, in particular by |
| Section 57.8: Receiving reports. | | |
| receiving and having regard to recommendations from the Standards Advisory Committee regarding Member conduct. | | receiving and having regard to recommendations from the Standards Advisory Committee regarding Member conduct. |
| Section 57.9: Conducting investigations. | | |
| Where an investigation is required in accordance with the agreed arrangements for dealing with an alleged breach of the Code of Conduct by a Member, conducting or arranging for that investigation to be carried out and making reports or recommendations in respect of them to the Standards Advisory Committee or its Sub-Committee as appropriate. | | Where an investigation is required in accordance with the agreed arrangements for dealing with an alleged breach of the Code of Conduct by a Member, conducting or arranging for that investigation to be carried out and making reports or recommendations in respect of them to the Standards Advisory Committee or its Sub-Committee as appropriate. |
| Section 57.10: Register of Interests. | | |
| Establishing and maintaining a Register of Interests of Members and Co-opted Members of the Council. | | Establishing and maintaining a Register of Interests of Members and Co-opted Members of the Council. |
| Section 57.11: Advising whether Executive decisions are within the budget and policy framework. | | |
| Advising whether decisions of the Mayor/Mayor in Cabinet are in accordance with the budget and policy framework. | | Advising whether decisions of the Mayor/Mayor in Cabinet are in accordance with the budget and policy framework. |
| Section 57.12: Providing advice. | | |
| Providing advice on the scope of powers and authority to take decisions, maladministration, financial impropriety, probity (and budget and policy framework issues) to the Mayor, all Councillors and officers. | | Providing advice on the scope of powers and authority to take decisions, maladministration, financial impropriety, probity (and budget and policy framework issues) to the Mayor, all Councillors and officers. |
| Section 57.13: Determining Dispensations. | | |
| Determining applications for dispensations from the Code of Conduct where the number of Members otherwise precluded from taking part in a decision would impede the conduct of business or interfere with the political balance of the decision-making body and also determining applications for dispensations made by individual Members. The Monitoring Officer will report at least annually to the Standards Advisory Committee on any dispensations granted. | | Determining applications for dispensations from the Code of Conduct where the number of Members otherwise precluded from taking part in a decision would impede the conduct of business or interfere with the political balance of the decision-making body and also determining applications for dispensations made by individual Members. The Monitoring Officer will report at least annually to the Standards Advisory Committee on any dispensations granted. |
| Section 57.14: The Director of Legal | | |
| Is also responsible for: Legal Services; Democratic Services and Elections. These functions can be varied at any time by the Chief Executive who may also allocate to the role additional functions and responsibilities. The Director of Legal: | | Is also responsible for: Legal Services; Democratic Services and Elections. These functions can be varied at any time by the Chief Executive who may also allocate to the role additional functions and responsibilities. The Director of Legal: |
| Section 57.15: Restrictions on post. | | |
| The Monitoring Officer cannot be the Chief Finance Officer or the Head of Paid Service. | | The Monitoring Officer cannot be the Chief Finance Officer or the Head of Paid Service. |
| Section 57.16: Functions of the Corporate Director, Resources (and Chief Finance Officer) | | Section 57.4: Functions of the Corporate Director, Resources (and Chief Finance Officer) |
| The Corporate Director, Resources has the statutory responsibilities defined in s 151 of the Local Government Act 1972 and section 114 of the Local Government Finance Act 1988 as the Council’s Chief Finance Officer to ensure the proper administration of the financial affairs of the Authority including: Ensuring the proper administration of the Council’s financial affairs. Setting and monitoring compliance with financial management standards. Advising on the corporate financial position and on the key financial controls necessary to secure sound financial management. Providing financial information (in conjunction with Senior Managers). Ensuring that the annual statement of accounts is prepared in accordance with appropriate financial standards and within the statutory deadlines. Preparing the revenue budget and capital programme relating to the General Fund and the Housing Revenue Account. | | The Corporate Director, Resources has the statutory responsibilities defined in s 151 of the Local Government Act 1972 and section 114 of the Local Government Finance Act 1988 as the Council’s Chief Finance Officer to ensure the proper administration of the financial affairs of the Authority including: |
| In Addition the role of the Chief Finance Officer is: | | In Addition the role of the Chief Finance Officer is: |
| n | Section 57.17: Functions of the Corporate Director, Health and Adult Social Care | n | Section 57.5: Functions of the Corporate Director, Health and Adult Social Care |
| The Corporate Director, Health and Adult Social Care is the Statutory Director of Adult Social care under s 6 of the Local Authority Social Services Act 1970 as amended by s18 of the Children Act 2004 and is responsible for the delivery of those local authority social services functions listed in Schedule 1 of the Local Authority Social Services Act 1970 (as amended), other than those for which the Director of Children’s services is responsible, and the public health functions contained in the Health and Social Care Act 2012. | | The Corporate Director, Health and Adult Social Care is the Statutory Director of Adult Social care under s 6 of the Local Authority Social Services Act 1970 as amended by s18 of the Children Act 2004 and is responsible for the delivery of those local authority social services functions listed in Schedule 1 of the Local Authority Social Services Act 1970 (as amended), other than those for which the Director of Children’s services is responsible, and the public health functions contained in the Health and Social Care Act 2012. The Corporate Director, Health and Adult Social Care is responsible for implementing and ensuring compliance with any statutory guidance issued by the Department of Health or other Government department and is currently required to:- Assess local needs and ensure availability and delivery of a full range of local authority services; The Health and Adult Social Care portfolio currently includes Adult Social Care; Public Health (and the Director, Public Health reports to the Corporate Director); and Health and Integrated Commissioning. These functions can be varied at any time by the Chief Executive, who may also allocate to the role additional functions and responsibilities. |
| The Corporate Director, Health and Adult Social Care is responsible for implementing and ensuring compliance with any statutory guidance issued by the Department of Health or other Government department and is currently required to:- | | |
| Assess local needs and ensure availability and delivery of a full range of local authority services; Give professional leadership, including workforce planning; Lead the implementation of standards; Manage cultural change; Promote local access and ownership and drive partnership working; Deliver an integrated whole systems approach to supporting communities; and Promote social inclusion and wellbeing. | | |
| The Health and Adult Social Care portfolio currently includes Adult Social Care; Public Health (and the Director, Public Health reports to the Corporate Director); and Health and Integrated Commissioning. These functions can be varied at any time by the Chief Executive, who may also allocate to the role additional functions and responsibilities. | | |
| Section 57.18: Functions of the Corporate Director, Children’s Services | | Section 57.6: Functions of the Corporate Director, Children’s Services |
| The Corporate Director, Children’ Services is the Council’s Statutory Director of Children’s services under s 18(7) of the Children Act 2004 with statutory duties to discharge the education and children’s social services functions of the local authority including those detailed as follows: | | The Corporate Director, Children’ Services is the Council’s Statutory Director of Children’s services under s 18(7) of the Children Act 2004 with statutory duties to discharge the education and children’s social services functions of the local authority including those detailed as follows: |
| The Children and Culture portfolio currently includes; Supporting Families; Education, Youth Services and Commissioning. These functions can be varied at any time by the Chief Executive, who may also allocate to the role additional functions and responsibilities. | | The Children and Culture portfolio currently includes; Supporting Families; Education, Youth Services and Commissioning. These functions can be varied at any time by the Chief Executive, who may also allocate to the role additional functions and responsibilities. |
| n | Section 57.19: Functions of the Corporate Director, Housing and Regeneration | n | Section 57.7: Functions of the Corporate Director, Housing and Regeneration |
| The Housing and Regeneration portfolio currently includes responsibility for discharging all the Council’s duties, powers and functions in the following areas:- | | The Housing and Regeneration portfolio currently includes responsibility for discharging all the Council’s duties, powers and functions in the following areas:- |
| n | Planning and Building Control; Housing; Integrated Growth and Development;; Regeneration; all functions related to being a landlord of social housing and the award of contracts for capital projects These functions can be varied at any time by the Chief Executive, who may also allocate to the role additional functions and responsibilities. | n | Planning and Building Control; Housing; Integrated Growth and Development;; Regeneration; all functions related to being a landlord of social housing and the award of contracts for capital projects These functions can be varied at any time by the Chief Executive, who may also allocate to the role additional functions and responsibilities. |
| The Corporate Director, Housing and Regeneration is also responsible for: | | The Corporate Director, Housing and Regeneration is also responsible for: |
| Section 57.20: Functions of the Corporate Director, Communities | | Section 57.8: Functions of the Corporate Director, Communities |
| The Communities portfolio currently includes responsibility for discharging all the Council’s duties, powers and functions in the following areas:- | | The Communities portfolio currently includes responsibility for discharging all the Council’s duties, powers and functions in the following areas:- |
| n | Public Realm; Culture and Community Safety | n | Public Realm; Culture and Community Safety |
| These functions can be varied at any time by the Chief Executive, who may also allocate to the role additional functions and responsibilities. | | These functions can be varied at any time by the Chief Executive, who may also allocate to the role additional functions and responsibilities. |
| The Corporate Director, Communities is also responsible for: | | ( The Corporate Director, Communities is also responsible for: |
| Statutory and Proper Officers | | Statutory and Proper Officers |
| The Council is required to appoint a number of officers to undertake specific duties by statute. These are known as ‘Statutory Officers’. In addition, the Council has a number of important duties which it designates to certain officers. These are called ‘proper officer’ roles. | | The Council is required to appoint a number of officers to undertake specific duties by statute. These are known as ‘Statutory Officers’. In addition, the Council has a number of important duties which it designates to certain officers. These are called ‘proper officer’ roles. |
| n | The Council has designated the following statutory officer positions. | n | The Council has designated the Statutory and Proper Officers set out below. |
| In the event of any Statutory of Proper Officers mentioned below being for any reason unable to act or of any of their posts being vacant, the Chief Executive or in their absence, the Monitoring Officer, and in the absence of both, the Chief Finance Officer, shall nominate an Officer to act in their stead. | | In the event of any Statutory of Proper Officers mentioned below being for any reason unable to act or of any of their posts being vacant, the Chief Executive or in their absence, the Monitoring Officer, and in the absence of both, the Chief Finance Officer, shall nominate an Officer to act in their stead. |
| Section 58.1: Statutory Officers | | Section 58.1: Statutory Officers |
| Section 58.2: Proper Officers | | Section 58.2: Proper Officers |
| Officer Employment Procedure Rules | | Officer Employment Procedure Rules |
| n | Section 59.1: CONTENTS | n | |
| Section 59.2: GENERAL | | Section 59.1: GENERAL |
| Subject to Rule 1.2 and Rule 10 below, the function of appointment and dismissal of, and taking disciplinary action against, a Member of staff of the authority must be discharged, on behalf of the authority by the Head of the Paid Service or by an officer nominated by her/him. | | Subject to Rule 1.2 and Rule 10 below, the function of appointment and dismissal of, and taking disciplinary action against, a Member of staff of the authority must be discharged, on behalf of the authority by the Head of the Paid Service or by an officer nominated by her/him. |
| Rule 1.1 shall not apply to the appointment or dismissal of, or disciplinary action against: | | Rule 1.1 shall not apply to the appointment or dismissal of, or disciplinary action against: |
| n | Section 59.3: RECRUITMENT AND APPOINTMENT | n | Section 59.2: RECRUITMENT AND APPOINTMENT |
| Section 59.4: RECRUITMENT OF HEAD OF PAID SERVICE AND CHIEF OFFICERS | | Section 59.3: RECRUITMENT OF HEAD OF PAID SERVICE AND CHIEF OFFICERS |
| Where the Council proposes to appoint a chief officer and it is not proposed that the appointment be made exclusively from among their existing officers, the Council will: | | Where the Council proposes to appoint a chief officer and it is not proposed that the appointment be made exclusively from among their existing officers, the Council will: |
| n | Section 59.5: APPOINTMENT OF HEAD OF PAID SERVICE | n | Section 59.4: APPOINTMENT OF HEAD OF PAID SERVICE |
| Where a Committee, Sub-Committee or officer is discharging, on behalf of the authority, the function of the appointment of an officer designated as the head of the authority’s paid service, the authority must approve that appointment before an offer of appointment is made to that person. | | Where a Committee, Sub-Committee or officer is discharging, on behalf of the authority, the function of the appointment of an officer designated as the head of the authority’s paid service, the authority must approve that appointment before an offer of appointment is made to that person. |
| The full Council will approve the appointment of the Head of Paid Service following the recommendation of such an appointment by an Appointments Sub-Committee established in accordance with Rule 5.1 below. That Sub-Committee must include at least one Member of the Executive. | | The full Council will approve the appointment of the Head of Paid Service following the recommendation of such an appointment by an Appointments Sub-Committee established in accordance with Rule 5.1 below. That Sub-Committee must include at least one Member of the Executive. |
| The full Council may only make or approve the appointment of the Head of Paid Service where no well-founded objection has been made by any Member of the Executive. | | The full Council may only make or approve the appointment of the Head of Paid Service where no well-founded objection has been made by any Member of the Executive. |
| n | Section 59.6: APPOINTMENT OF CHIEF OFFICERS AND DEPUTY CHIEF OFFICERS | n | Section 59.5: APPOINTMENT OF CHIEF OFFICERS AND DEPUTY CHIEF OFFICERS |
| The Chief Executive will establish Appointments Sub-Committees upon criteria approved by the Human Resources Committee comprising relevant Members to make appointment to Chief Officer and Deputy Chief Officer posts. Any Appointments Sub-Committee established in accordance with this rule must include at least one (1) Member of the Executive. | | The Chief Executive will establish Appointments Sub-Committees upon criteria approved by the Human Resources Committee comprising relevant Members to make appointment to Chief Officer and Deputy Chief Officer posts. Any Appointments Sub-Committee established in accordance with this rule must include at least one (1) Member of the Executive. |
| Engagement of Chief Officers, to permanent positions or interim positions of over six (6) months, will be through the normal recruitment process overseen by the Human Resources Committee. The Chief Executive may make appointments to interim positions of up to six (6) months. | | Engagement of Chief Officers, to permanent positions or interim positions of over six (6) months, will be through the normal recruitment process overseen by the Human Resources Committee. The Chief Executive may make appointments to interim positions of up to six (6) months. |
| Where an interim appointment, approved by the Chief Executive, extends beyond six months it must be approved at the next available Human Resources Committee and in any case not later than two months after the end of the extension. | | Where an interim appointment, approved by the Chief Executive, extends beyond six months it must be approved at the next available Human Resources Committee and in any case not later than two months after the end of the extension. |
| At the appropriate time the Monitoring Officer will report any changes made to the General Purposes Committee for information. | | At the appropriate time the Monitoring Officer will report any changes made to the General Purposes Committee for information. |
| Section 60.2: Individual Delegations | | Section 60.2: Individual Delegations |
| The following table lists the agreed delegations to make changes to each Section within this document. | | The following table lists the agreed delegations to make changes to each Section within this document. |
| n | Section Title Delegation | n | |
| S1 Introduction and List of Delegations General Purposes Committee | | |
| Council Wide Decision-Making | | |
| S2 Council Functions Monitoring Officer (following changes in law) | | |
| S3 Local Choice and Local Act Functions Council | | |
| S4 Statutory and Proper Officer Appointments Council | | |
| S5 Corporate Operating Procedures (delegations applicable to all Directorates) Chief Executive | | |
| S6 Scheme of Financial Delegations (Council-Wide Financial Delegations) Chief Finance Officer | | |
| Directorate Schemes of Delegation | | |
| Section Title Delegation | | |
| S7 Scheme of Delegation – Children’s Services Corporate Director, Children’s Services | | |
| S8 Scheme of Delegation – Communities Corporate Director, Communities | | |
| S9 Scheme of Delegation – Director of Legal Director of Legal | | |
| S10 Scheme of Delegation – Health and Social Care Corporate Director, Health and Social Care | | |
| S11 Scheme of Delegation – Housing and Regeneration Corporate Director, Housing and Regeneration | | |
| S12 Scheme of Delegation – Resources Corporate Director, Resources | | |
| S13 Executive, Committee and Partnership Procedure Rules | | |
| Individual Mayoral Decision Procedures Mayor | | |
| Children and Education Scrutiny Sub-Committee Procedures Statutory Scrutiny Officer | | |
| Health and Adults Scrutiny SubCommittee Procedures Statutory Scrutiny Officer | | |
| Housing and Regeneration Scrutiny Sub-Committee Procedures Statutory Scrutiny Officer | | |
| Licensing Committee – Rules of Procedure governing applications for Premises Licences and other permissions under the licensing act 2003 Licensing Committee | | |
| Licensing Committee – Rules of Procedure Governing Applications for Sex Establishment Licences under Section 2 of and Schedule 3 to the Local Government (Miscellaneous Provisions) Act 1982 Licensing Committee | | |
| Pensions Committee procedures Pensions Committee | | |
| Pensions CIV Sectoral Committee Chief Finance Officer | | |
| Standards Advisory Committee Procedures Standards Advisory Committee | | |
| Strategic Development / Development Committees – Council Guidelines for Determining Planning Applications under the Town and County Planning Act 1990 Strategic Development Committee | | |
| Section Title Delegation | | |
| Strategic Development / Development Committees – Development Procedure Rules Strategic Development Committee | | |
| S14 Panel and Board Procedure Rules | | |
| Adoption Panel Monitoring Officer (following consultation with the appropriate Corporate Director) | | |
| Fostering Panel Monitoring Officer (following consultation with the appropriate Corporate Director) | | |
| Children’s Safeguarding Board Monitoring Officer (following consultation with the appropriate Corporate Director) | | |
| Pensions Board Monitoring Officer (following consultation with the appropriate Corporate Director) | | |
| Private Fostering Panel Monitoring Officer (following consultation with the appropriate Corporate Director) | | |
| Safeguarding Adults Board Monitoring Officer (following consultation with the appropriate Corporate Director) | | |
| Schools Admissions Forum Monitoring Officer (following consultation with the appropriate Corporate Director) | | |
| S15 Filming Protocol General Purposes Committee | | |
| S16 Miscellaneous Documents | | |
| Any documents added to Part D which do not fit in the above Sections will be added here. Monitoring Officer | | |
| Finance, Contracts and Legal Matters | | Finance, Contracts and Legal Matters |
| n | The management of the Council’s financial affairs will be conducted in accordance with the Financial Procedure Rules set out section xx of this part of the Constitution. | n | The management of the Council’s financial affairs will be conducted in accordance with the Financial Procedure Rules set out in Chapter 63 . |
| Every contract made by the Council shall be in writing and will comply with the Contracts Procedure Rules set out in Section xx of this part of the Constitution. | | Every contract made by the Council shall be in writing and will comply with the Contracts Procedure Rules set out in Section 64 of this part of the Constitution. |
| The Director of Legal is authorised to institute, defend, settle or participate in any legal proceedings in any case where such action is necessary to give effect to decisions of the Council or in any case where they consider such action is necessary to protect the Council’s interests. They may designate nominated officers to carry out this function on their behalf. | | The Director of Legal is authorised to institute, defend, settle or participate in any legal proceedings in any case where such action is necessary to give effect to decisions of the Council or in any case where they consider such action is necessary to protect the Council’s interests. They may designate nominated officers to carry out this function on their behalf. |
| n | Where a document is necessary to any legal procedure or proceedings on behalf of the Council, it will be signed by the Director of Legal or any person authorised by them, unless any enactment requires otherwise, or the Council has given requisite authority to some other person. | n | Where a document is necessary to any legal procedure or proceedings on behalf of the Council, it will be signed by the Director of Legal or any person authorised by them, unless any enactment requires otherwise, or the Council has given authority to another person to do so. |
| Contracts with a value exceeding £250,000 must either be signed by at least two officers of the authority. Subject to the provisions of Paragraph 7 below they may also be signed or under the common seal of the Council attested by at least one officer. | | Contracts with a value exceeding £250,000 must either be signed by at least two officers of the authority. Subject to the provisions of Paragraph 7 below they may also be signed or under the common seal of the Council attested by at least one officer. |
| For the avoidance of doubt any document that is required to be signed, may be signed by any authorised person by any form of electronic signature. | | For the avoidance of doubt any document that is required to be signed, may be signed by any authorised person by any form of electronic signature. |
| n | The Common Seal of the Council will be kept in a safe place in the custody of the Director of Legal. A decision of the Council, or of any part of it, will be sufficient authority for sealing any document necessary to give effect to the decision. The Director of Legal generally requires all documents to be signed in accordance with the provisions of Paragraphs 4, 5 and 6 above, but has the discretion to require in certain circumstances that the Council’s Common Seal will be affixed to some documents. The Common Seal will be affixed to those documents which in the opinion of the Director of Legal should be sealed. The affixing of the Common Seal will be attested by the Corporate Director, Governance or some other person authorised by them. The Seal may be applied electronically. | n | The Common Seal of the Council will be kept in a safe place in the custody of the Director of Legal. A decision of the Council, or of any part of it, will be sufficient authority for sealing any document necessary to give effect to the decision. The Director of Legal generally requires all documents to be signed in accordance with the provisions of Paragraphs 4, 5 and 6 above, but can choose that in certain circumstances the Council’s Common Seal be affixed to some documents. The Common Seal will be affixed to those documents which in the opinion of the Director of Legal should be sealed. The affixing of the Common Seal will be attested by the Corporate Director, Governance or some other person authorised by them. The Seal may be applied electronically. |
| The Director of Legal may declare that any document required to be retained by the Council may be retained either jointly with a paper copy of such document, or in electronic format only. | | The Director of Legal may declare that any document required to be retained by the Council may be retained either jointly with a paper copy of such document, or in electronic format only. |
| Corporate Scheme of Delegation - The Chief Executive, Monitoring Officer, Section 151 and Chief Officers | | Corporate Scheme of Delegation - The Chief Executive, Monitoring Officer, Section 151 and Chief Officers |
| The Council may appoint such officers as it considers appropriate for the discharge of its functions. Currently the Council has appointed as its Corporate Management Team the following officers:- | | The Council may appoint such officers as it considers appropriate for the discharge of its functions. Currently the Council has appointed as its Corporate Management Team the following officers:- |
| The Mayor or Council as appropriate delegates to the Chief Executive and Corporate Directors authority to make decisions relating to any: | | The Mayor or Council as appropriate delegates to the Chief Executive and Corporate Directors authority to make decisions relating to any: |
| The Chief Executive and the Corporate Directors may exercise any functions of the Council or the Executive which have been delegated to any other officer and may delegate decisions or functions to one or more officers in any of the Council's Directorates, except when prohibited to do so by this Constitution or by law. | | The Chief Executive and the Corporate Directors may exercise any functions of the Council or the Executive which have been delegated to any other officer and may delegate decisions or functions to one or more officers in any of the Council's Directorates, except when prohibited to do so by this Constitution or by law. |
| n | | n | |
| Until the Council decides otherwise the Chief Executive is appointed the Proper Officer for the purpose of all statutory provisions, whether existing or future, in respect of which no express Proper Officer appointment has, for the time being, been made | | Until the Council decides otherwise the Chief Executive is appointed the Proper Officer for the purpose of all statutory provisions, whether existing or future, in respect of which no express Proper Officer appointment has, for the time being, been made |
| n | | n | |
| The Council’s Scheme of Delegation to Officers is contained in Part I Section xx, and within Section xx of this Supplementary Documents Pack. | | As well as this Chapter of the Constitution, further information on the Council's Schemes of Delegation are set out: |
| Corporate Directors may delegate decisions or functions for which they are responsible to one or more officers within their directorate provided that they maintain a Directorate Officer Scheme of Delegation which is notified to the Monitoring Officer. | | Corporate Directors may delegate decisions or functions for which they are responsible to one or more officers within their directorate provided that they maintain a Directorate Officer Scheme of Delegation which is notified to the Monitoring Officer. |
| The Corporate and Officer Schemes of Delegation are made under Section 101 of the Local Government Act 1972 and all other powers enabling such delegation. They delegate all the powers and duties necessary for the discharge of the Council’s functions and not specifically reserved to the Mayor or the Mayor in Cabinet, the Council or a Committee or Sub-Committee of Council to the Officers. The delegations include: | | The Corporate and Officer Schemes of Delegation are made under Section 101 of the Local Government Act 1972 and all other powers enabling such delegation. They delegate all the powers and duties necessary for the discharge of the Council’s functions and not specifically reserved to the Mayor or the Mayor in Cabinet, the Council or a Committee or Sub-Committee of Council to the Officers. The delegations include: |
| The Corporate and Officer Schemes of Delegations do not delegate: | | The Corporate and Officer Schemes of Delegations do not delegate: |
| Delegated powers must always be exercised in accordance with: | | Delegated powers must always be exercised in accordance with: |
| Officers exercising delegated powers should also have regard to: | | Officers exercising delegated powers should also have regard to: |
| n | Delegated powers must be exercised within the revenue and capital budgets for the relevant service as approved by Council, subject to any variation thereof permitted by the Council’s Financial and Contract Procedure Rules, and, if appropriate, in accordance with the provisions of Part C Section xx (How Decisions are Made) in this Constitution. | n | Delegated powers must be exercised within the revenue and capital budgets for the relevant service as approved by Council, subject to any variation thereof permitted by the Council’s Financial and Contract Procedure Rules, and, if appropriate, in accordance with the provisions of Part C, Chapter 11 (How Decisions are Made) in this Constitution. |
| Officers do not take “key decisions” as defined in Section 3 of this Constitution, however any officer decision which results in the local authority incurring expenditure which is, or the making of savings which are, below the threshold for a key decision (currently £1 million for most decisions) but are above £250,000 must be published on the Council’s website ‘as soon as practicable’ (and following any guidance from the Monitoring Officer) after the decision has been taken. | | Officers do not take “key decisions” as defined in Chapter 11 of this Constitution, however any officer decision which results in the local authority incurring expenditure which is, or the making of savings which are, below the threshold for a key decision (currently £1 million for most decisions) but are above £250,000 must be published on the Council’s website ‘as soon as practicable’ (and following any guidance from the Monitoring Officer) after the decision has been taken. |
| In exercising any delegated function, the following principles apply: | | In exercising any delegated function, the following principles apply: |
| n | | n | The Corporate and Directorate Schemes of Delegations will be superseded in any case where a Council or Mayoral decision expressly delegates any of the powers in this Scheme to a specific officer or officers whether for a single event, decision or transaction or permanently. |
| | | Where it is considered that in exercising a delegated power or duty a departure in policy, procedure or a significant change in financial practice is likely to be involved, the decision maker shall consult with the Director of Legal / Monitoring Officer and/or the Chief Finance Officer as appropriate, who shall, if necessary, refer the matter to the Mayor, the Mayor in Cabinet or the appropriate Council Committee/Sub-Committee. |
| | | Where any function is delegated to an officer, that officer may choose not to exercise that function and may instead refer a matter to Council, the Mayor, the Mayor in Cabinet or relevant Council Committee as appropriate with the agreement of the appropriate Corporate Director. The criteria that officers may have to consider when determining whether to exercise a function could include- |
| | | If at any time, the Authority acquires a new duty, power or function, in the absence of any Member decision with regard to delegation, the Chief Executive and the Corporate Director with responsibility for the relevant service shall be deemed to have full delegated authority to discharge the duty, power or function on the authority’s behalf unless it is expressly reserved to the Council, a Council Committee or Sub-Committee or the Mayor/Mayor in Cabinet either by law or in this Constitution. |
| | | Any function or power which may be discharged by a Corporate Director, may also be discharged by any person(s) formally “acting-up” into that post or an “interim” post holders or who is deputising (whether on a full, part time or on an ad hoc basis) for that post or occupies a successor post following any reorganisation, restructure or similar process. |
| | | The Mayor, Mayor in Cabinet, a Cabinet Sub-Committee or a Council Committee/Sub-Committee may reserve to themselves decisions delegated to officers, by giving notice to the officer holding the delegated power or to the Chief Executive of their intention to do so. |
| | | References in the Corporate and/or Officer Schemes of Delegations to any statute, statutory instrument, regulation, rule, circular, agency or other agreement or any such matter in respect of which a power or duty is delegated shall be deemed to include any modification or re-enactment of the same as may be made from time to time. |
| Financial regulations and procedure rules | | Financial regulations and procedure rules |
| CONTENTS | | CONTENTS |
| Section 63.1: Introduction | | Section 63.1: Introduction |