Rules Capable of Suspension. The following Rules may be suspended to the extent permitted by the rules unless this overrides any statutory requirements:

• Council Procedure Rules (Council)

• Budget and Policy Framework Procedure Rules (Council)

• Executive Procedure Rules (Executive)

• Overview and Scrutiny Procedure Rules (Overview and Scrutiny)

• Generic Committee Procedure Rules (Committees/Sub-Committees of the Council)

• Other Bodies listed in Part E (Committees and Joint Arrangements)

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.

As a summary, citizens can:

• access the Constitution;

• attend and record formal meetings of Council and its Committees except where confidential or exempt information is likely to be disclosed, and the meeting is therefore held in private;

• attend and record meetings of the Cabinet and any other Executive bodies except where confidential or exempt information is likely to be disclosed, and the meeting is therefore held in private;

• see forward plan notices of forthcoming decisions, plus reports, background papers and any records of decisions made by the Council and the Mayor, the Executive or appropriate Member or Key Decisions taken by officers;

• see unrestricted reports and associated background papers and any published record of decisions made by Council, other non-executive Committees/ Sub-Committees;

• speak at Development or Licensing Committees/ Sub-Committees in favour or against planning or licensing applications, subject to the detailed provisions laid down in procedures adopted by those bodies;

• present petitions or otherwise participate in meetings of Council, the Cabinet, Scrutiny, Regulatory or other Committees, depending on their specific procedure rules, and contribute to investigations by Scrutiny;

Agenda order: All petitions received within the deadline (see Section 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).

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.

Petition presentation procedure (for petitions of between 30 and 1,999 signatures

1. Up to 3 seats in the public gallery will be reserved for the person(s) presenting each petition. The person(s) presenting the petition must live, work or study within the borough. Unless prior agreement from the Speaker of the Council has been obtained, the person(s) presenting the petition cannot include an elected Member of the Council.

2. The person(s) presenting each petition will be invited to speak for up to 3 minutes in total in support of the petition. Additional time will be allowed if an interpreter is used. In this case the interpreter must not use the additional time to introduce new information.

3. Councillors may then ask the petitioners questions for a further 4 minutes;

4. The petition will be referred to the relevant Corporate Director who will respond in writing within 28 days from the date of the meeting.

Petition debate procedure (for petitions in excess of 2,000 signatures):

1. Up to 3 seats in the public gallery will be reserved for the person(s) presenting each petition. The person(s) presenting the petition must live, work or study within the borough.

2. The person(s) presenting each petition will be invited to speak for up to 3 minutes in total in support of the petition. Additional time will be allowed if an interpreter is used. In this case the interpreter must not use the additional time to introduce new information.

3. Councillors may then ask the petitioners questions for a further 4 minutes.

4. The petition will then be debated by Councillors for a maximum of 15 minutes. All speeches are limited to a maximum of 3 minutes. During his or her speech, any Councillor may move a motion for the Council’s consideration relevant to matters in the petition (this does not require the suspension of the Council Procedure Rules).

5. Following the debate, the speaker will invite the Mayor or (at the Mayor’s discretion) the relevant Lead Member or Committee Chair to respond to the matters raised, for up to 3 minutes.

6. Following the petition debate, any motions moved will be put to the vote in the order they were tabled.

7. If no motion is agreed, the petition will stand referred to the relevant Corporate Director for a written response within 28 days of the meeting.

General guidance on petition hearings at Council meetings

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.

Limitation. 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.

Presentation of Petitions at Non-Executive Committee Meetings (including Overview and Scrutiny Committees)

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.

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.

Petitions presented by young people

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.

Petition Scheme Appendix 2

PROCEDURE FOR HEARING PETITIONS AT MEETINGS OF THE CABINET

The procedure for hearing petitions at meetings of the Cabinet is contained in the Executive Procedure Rules in Part F Section xxx of the Council’s Constitution. The relevant provision is replicated below:

Public Engagement at Cabinet

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.

Petition Scheme Appendix 3

PETITION TEMPLATE



To Democratic Services,

Tower Hamlets Council

2nd Floor, Town Hall

London Borough of Tower Hamlets
Whitechapel Town Hall
160 Whitechapel Road
London
E1 1BJ

Councillor.supportteam@towerhamlets.gov.uk



Petition to Tower Hamlets Council



Dear Democratic Services, please find attached a petition relating to…



…for your attention. The petition statement, which explains what action we would like the Council to take, and the names, addresses and signature of each person supporting the petition, can be found on the attached pages.
Details of petition organiser

Name:
Address:
Email:
Telephone No:
Are you also running a petition on this subject on the Council’s website www.towerhamlets.gov.uk/petition? YES / NO (delete as applicable)
I believe this petition contains ………….signatures;
Preferred response: I would like (tick 1 ONLY):
For this petition to be referred to a senior Council officer who will arrange for a response to be sent within 28 days of receipt by the Council;
To present this petition in person at a future meeting of the Council or a committee [if the petition includes at least 30 valid signatures]
For this petition to be debated by Councillors at a future meeting of the Council [if the petition includes at least 2,000 valid signatures]
(note to petition organiser – please complete this cover page in full and print 1 copy. Please complete and then print as many copies of the following signature sheet as you feel necessary. All signature sheets must also include the petition statement. Combine all pages and return to the address above.)

We the undersigned petition the Council to…[Insert your own text]
Please complete each row in full in BLOCK CAPITALS (individuals signing this petition must be persons living, working or studying in the London Borough of Tower Hamlets).
FULL NAME
ADDRESS INC. POSTCODE
SIGNATURE

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

The public must be excluded from a meeting during an item of business whenever—

1. it is likely, in view of the nature of the business to be transacted or the nature of the proceedings, that if members of the public were present during that item, confidential information would be disclosed to them in breach of the obligation of confidence;

2. the decision-making body concerned passes a resolution to exclude the public during that item where it is likely, in view of the nature of the item of business, that if members of the public were present during that item, exempt information would be disclosed to them; or

3. a lawful power is used to exclude a member or members of the public in order to maintain orderly conduct or prevent misbehaviour at a meeting.

A resolution under Rule 21.2 (b) must–—

1. identify the proceedings, or the part of the proceedings to which it applies; and

2. state, by reference to the descriptions in Rule 11.5 the description of exempt information giving rise to the exclusion of the public.

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.

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.

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.

Procedures prior to private meetings
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—

1. make available at the offices of the Council a notice of its intention to hold the meeting in private; and

2. publish that notice on the Council’s website.

A notice under Rule 21.9 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—

1. make available at the offices of the Council a further notice of its intention to hold the meeting in private; and

2. publish that notice on the Council’s website.

A notice under Rule 21.11 must include—

1. a statement of the reasons for the meeting to be held in private;

2. details of any representations received by the Executive about why the meeting should be open to the public; and

3. a statement of its response to any such representations.

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 —

1. the Chair of the Overview and Scrutiny Committee; or

2. if there is no such person, or if the Chair of the Overview and Scrutiny Committee is unable to act, the Speaker; or

3. where there is no Chair of the Overview and Scrutiny committee or Speaker, the Deputy Speaker,

As soon as reasonably practicable after the decision-making body has obtained agreement under Rule 21.13 to hold a private meeting, it must—

1. make available at the offices of the Council a notice setting out the reasons why the meeting is urgent and cannot reasonably be deferred; and

2. publish that notice on the Council’s website.

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.

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:

1. a record of the decision including the date it was made;

2. a record of the reasons for the decision;

3. details of any alternative options considered and rejected at the meeting by the decision making body at which the decision was made;

4. a record of any conflict of interest relating to the matter which is declared by any Member of the decisions making body which made the decision; and

5. in respect of any declared conflict of interest, a note of dispensation granted by the Head of Paid Service.

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.

Executive Decisions made by Individual Members of the Executive

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:

1. a record of the decision including the date it was made;

2. a record of the reasons for the decision;

3. details of any alternative options considered and rejected at the time by the Member when making the decision;

4. a record of any conflict of interest declared by any Executive Member who was consulted by the Member which relates to the decision; and

5. in respect of any declared conflict of interest, a note of dispensation granted by the Head of Paid Service.

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 xxx 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.

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.

Other Executive Decisions (Non-Key Decisions)
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:

1. a record of the decision including the date it was made;

2. a record of the reasons for the decision;

3. details of any alternative options considered and rejected at the time by the officer when making the decision;

4. a record of any conflict of interest declared by any Executive Member who was consulted by the officer which relates to the decision; and

5. in respect of any declared conflict of interest, a note of dispensation granted by the Head of Paid Service.

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].

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:

1. any business which has been transacted at a public or private meeting of the Executive or its Committees; or

2. any decision taken by an individual Member of the Executive;

3. any key decision that has been taken by an officer in accordance with executive arrangements.

Limits on Rights. Overview and Scrutiny Committee Members and Scrutiny Panel Members shall not be entitled to:

1. any document that is in draft form;

2. any part of a document that contains exempt or confidential information unless;
   
   (i) it is relevant to an action or decision that they are reviewing or scrutinising or intends to review or scrutinise; or
   
   (ii) which is relevant to any review contained in any programme of work of an Overview and Scrutiny Committee or Scrutiny Panel;

3. any document or part of a document that contains the advice of a political assistant.

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:

1. it contains exempt information falling within categories 1, 2, 3 (insofar as the information relates to any terms proposed or to be proposed by or to the Council in the course of negotiations for a contract), 4, 5 or 7 as set out at Rule 11.5 above.

Material Relating to Executive Meetings. 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:

1. It contains exempt information falling within categories 1, 2, 3, (insofar as the information relates to any terms proposed or to be proposed by or to the Council in the course of negotiations for a contract) 4, 5 or 7 as set out in rule 11.5 above.

2. It contains the advice of a political assistant.

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.

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 key decision in the terms set out at 25.2 above.

Nature of Rights. These rights are additional to any rights of access to information a Member may have.

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-

1. authorises or requires the Council to disclose to the public or make available for public inspection any document or part of document if, in the opinion of the Monitoring Officer, that document or part of a document contains or may contain confidential information; or

2. requires the Council to disclose to the public or make available for public inspection any document or part of document if, in the opinion of the proper officer, that document or part of a document contains or is likely to contain exempt information or the advice of a political adviser or assistant.

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:

1. the decision must be taken by such a date that it is impracticable to defer the decision until public notice of at least twenty-eight days has been given;

2. the Monitoring Officer has informed the Chair of the Overview and Scrutiny Committee, or if there is no such person, each member of the Overview and Scrutiny Committee by notice in writing of the matter about which the decision is to be made;

3. the Monitoring Officer has made copies of that notice (which includes the reasons why compliance with rule 14.1 was impracticable) available to the public at the offices of the Council for inspection; and

4. at least five clear days have elapsed following the day on which the Monitoring Officer complied with 18.1(b) and 18.1(c).

Where such a decision is taken collectively, it must be taken in public unless it involves consideration of confidential or exempt information.

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.

1. the Chair of the Overview and Scrutiny Committee ; or

2. if there is no such person, or if the Chair is unable to act, the Speaker; or

3. where there is no Chair of the Overview and Scrutiny Committee or Speaker, the Deputy Speaker;

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.

When the Overview and Scrutiny Committee can Require a Report



If the Overview and Scrutiny Committee thinks that a key decision has been taken which was not:



(a) published in advance in accordance with Rule 14, or

(b) the subject of the urgency - general exception procedure (see Rule 18), or

(c) the subject of an agreement with the Chair of the Overview and Scrutiny Committee, or the Speaker under Rule 19;



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:



(a) the Chair of the Overview and Scrutiny Committee; or

(b) three (3) Members of the Overview and Scrutiny Committee.



Alternatively the requirement may be raised by resolution passed at a meeting of the Overview and Scrutiny Committee.

The Executive’s Report to Council

1. The Executive will prepare a report setting out the date of the decision, particulars of the decision, the individual or body making the decision, and if the Mayor is of the opinion that it was not a key decision, the reasons for that opinion. There should also be details of any alternative options that were considered and why they were rejected, and the names of any member who has declared a conflict of interest in relation to the decision (if any).

2. The report will be submitted to the next ordinary meeting of Council. However, if the next meeting of Council is within ten days of receipt of the written notice, or the resolution of the Committee, then the report may be submitted to the Council meeting after that.

[Insert picture]

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 (XXX Link). If any of these decisions change the Framework then these must be referred to Council.

1. A “key decision” is an executive decision which is likely to:
A. 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

OR

B. 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.
In addition to the above, officers will also consider the following guidance when determining if an issue should be treated as a Key Decision:

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.

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 xxx.

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 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.

Taking Key Decisions
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.

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.

Part F, Section xxx provides more detail of Executive Decision Making.

Executive Decision Making by Officers
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:

• Officers may not take Key Decisions unless there has been a specific delegation by the Executive.

• Any officer decision resulting in (revenue or capital) expenditure or savings of over £250,000 must only be taken following consultation with the Mayor and 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.

Non-Executive Decision Making
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.

Decision-Making by Council
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.

Decision-Making by Other Committees and Sub-Committees Established by the Council
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.

Non-Executive Decision Making by Officers
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:

• Any officer decision resulting in (revenue or capital) expenditure or savings of over £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.

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 and relevant parts of the Council Procedure Rules set out in Part D Section xxx of this Constitution which apply to them when considering any matter.

Part G Section xxx also sets out a summary about the Overview and Scrutiny Committee.

Decision-Making by Council Bodies Acting as Tribunals
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.

1 C - Functions relating to health and safety at work

1 D - Functions relating to elections

1. E - Functions Relating to Name and Status of Areas and Individuals

1.EB - Functions Relating to Community Governance

F- BYLAWS

FA-Functions Relating to Smoke Free Premises

G - Local or Personal Bills

H - Functions Relating to Pensions etc.

I - Miscellaneous functions

Only Council can agree the Authority’s budget for the year and the specified plans and strategies that are included in the Budget and Policy Framework. The Mayor and Executive will make proposals to Council in relation to the budget and those plans and strategies, for adoption by Council. If Council does not agree with those proposals of the Mayor/ Executive, a dispute resolution process as set out in section 2 below (but summarised here) applies:-

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.

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:-

1. The adoption or approval of the plan or strategy is the responsibility of Council;

2. The Mayor as the Executive has responsibility for preparing the draft plan or strategy for submission to Council; and
   
   • If Council wishes to amend the Mayor’s proposals in relation to the items included in the Budget and Policy Framework only, the Local Authorities (Standing Orders) (England) Regulations 2001 sets out the dispute resolution procedure to be followed. Council must inform the Mayor of any objections which it has to his proposals (i.e. the amendments it wishes to agree) and must give the Mayor at least five working days, starting on the day following the meeting, to reconsider his proposals and re-submit them (amended or not, with reasons) to a further Council meeting. If at this further meeting Council still wishes to amend the Mayor’s revised proposals, such a decision requires a two-thirds majority of the Members present and voting. If no valid amendment at the further meeting receives two-thirds support, the Mayor’s proposals are deemed adopted in accordance with the regulations.

3. Once a budget or a policy framework document has been agreed, it is the responsibility of the Mayor, the Executive and officers to implement it.

The process by which the budget and policy framework shall be developed is:

1. The Executive will publicise, by publishing a notice in accordance with the Access to Information Procedure Rules at Part B Section 8 of this Constitution, a timetable for making proposals to Council for the adoption of any plan, strategy or budget that forms part of the budget and policy framework and its arrangements for consultation after publication of those initial proposals.

2. The Chair of Overview and Scrutiny Committee will be notified of proposals referred to in Rule 2.1.(a) and which shall be referred to Overview and Scrutiny Committee.

3. For the purposes of these Procedure Rules the consultation in each instance shall be in line with the Council’s normal consultation time periods except where there is an urgent need to reduce the consultation period. The period for Overview and Scrutiny Committee to respond to consultation shall be not less than ten clear working days unless the Executive considers that there are special factors that make this timescale inappropriate. If it does, it will inform the Overview and Scrutiny Committee of the time for response when the proposals are referred to it.

4. At the end of the consultation period, having taken account of the responses received to the consultation and the views of the Overview and Scrutiny Committee, the Executive will submit recommendations to Council.

5. Council will consider the proposals of the Executive and may adopt them, amend them, refer them back to the Executive for further consideration or submit its own proposals to the Executive in their place.

6. If Council adopts the Executive’s proposals without amendment, the decision shall become effective immediately. However, if, having considered a draft plan or strategy, it has any objections to it Council must take the action set out in 2.1(g). (g) Before Council-

   1. amends or replaces the draft plan or strategy;

   2. approves, for the purpose of its submission to the Secretary of State or any Minister of the Crown for her/his approval, any plan or strategy (whether or not in the form of a draft) of which any part is required to be so submitted; or

   3. adopts (with or without modification) the plan or strategy it must inform the Mayor of any objections which it has to the draft plan or strategy and if the Mayor accepts the proposed change then it can be agreed at the relevant Council meeting otherwise Council must require the Executive to reconsider, in the light of those objections, the draft plan or strategy submitted to it along with any specific proposals submitted by Council.

7. Where Council requires reconsideration in accordance with 2.1(g) above, it must specify a period of at least five working days beginning on the day after the date on which the requirement is made within which the Mayor may:

   1. Submit a revision of the draft plan or strategy as amended by the Executive (the “revised draft plan or strategy”), with the Executive’s reasons for any amendments made to the draft plan or strategy, to the Council for the Council’s consideration; or

   2. Inform Council of any disagreement that the Executive has with any of Council’s objections and the Executive’s reasons for any such disagreement.

8. If the specified period would prohibit Council from making determinations under Rule 2.1(i) within the statutory deadline for the setting of Council Tax, Council may specify such lesser period as is necessary to ensure compliance.

9. Subject to Rule 2.1(j), when the period specified by Council, referred to in Rule 2.1(h), has expired Council must, when:

   1. amending or replacing the draft plan or strategy or, if there is one, the revised plan or strategy;

   2. approving for the purpose of its submission to the Secretary of State or any Minister of the Crown for her/his approval, any plan or strategy (whether or not in the form of a draft or a revised draft) of which any part is required to be so submitted; or

   3. adopting (with or without modification) the plan or strategy, take into account any amendments made to the draft plan or strategy that are included in any revised draft plan or strategy, the Executive’s reasons for those amendments, any disagreement that the Executive has with any of Council’s objections and the Executive’s reasons for that disagreement, which the Mayor submitted to Council, or informed Council of, within the period specified.

10. Where Council proposes to –

    1. Amend/replace the draft plan or strategy or, as the case may be, the revised draft plan or strategy;

    2. approve, for the purpose of its submission to the Secretary of State or any Minister of the Crown for her/his approval, any plan or strategy (whether or not in the form of a draft) of which any part is required to be so submitted; or

    3. adopt with modifications the plan or strategy, and that plan or strategy (whether or not in the form of a draft), with any proposed amendments or modifications, is not in accordance with the draft plan or strategy or, as the case may be, the revised draft plan or strategy, the question whether to amend, to approve or to adopt the plan or strategy must be decided in accordance with paragraph 2.1(k).

11. The question referred to in Rule 2.1(j) must be decided by a two-thirds majority of the members of Council present and voting on the question at a meeting of Council.

12. Subject to Rule 2.1(r), where, before 8 February in any financial year, the Executive submits to Council for its consideration in relation to the following financial year:

    1. estimates of the amounts to be aggregated in making a calculation (whether originally or by way of substitute) in accordance with any of sections 32 to 37 or 43 to 49 of the Local Government Finance Act 1992 (calculation of budget requirement etc.); or

    2. estimates of other amounts to be used for the purposes of such a calculation; or

    3. estimates of such a calculation; or

    4. is required to be stated as a precept under Chapter IV of Part I of the Local Government Finance Act 1992 (precepts), and following consideration of those estimates or amounts Council has any objections to them, it must take the action set out in Rule 2.1(m).

13. Before Council makes a calculation (whether originally or by way of a substitute) in accordance with any of the sections referred to in Rule 2.1(l) or issues a precept under Chapter IV of Part I of the Local Government Finance Act 1992, it must inform the Mayor of any objections which it has to the Executive’s estimates or amounts and if the Mayor accepts the proposed change then it can be agreed at the relevant Council meeting otherwise Council must require the Executive to reconsider, in the light of those objections, those estimates and amounts in accordance with Council’s requirements.

14. Where Council requires reconsideration in accordance with Rule 2.1(m), it must specify a period of at least five working days beginning on the day after the date on which the requirement is received, the Mayor may:

    1. Submit a revision of the estimates or amounts as amended by the Executive (“revised estimates or amounts”) which have been reconsidered in accordance with Council’s requirements, with the Executive’s reasons for any amendments made to the estimates or amounts, to Council for Council’s consideration; or

    2. Inform Council of any disagreement that the Executive has with any of Council’s objections and the Executive’s reasons for any such disagreement.

15. Subject to Rule 2.1(p), when the period specified by Council referred to in Rule 2.1(n) has expired, Council must, when making calculations (whether originally or by way of a substitute) in accordance with any of the sections referred to in Rule 2.1(m) or issuing a precept under Chapter IV of Part I of the Local Government Finance Act 1992, take into account:

    1. Any amendments to the estimates or amounts that are included in any revised estimates or amounts;

    2. The Executive’s reasons for those amendments;

    3. Any disagreement that the Executive has with any of Council’s objections; and

    4. The Executive’s reasons for that disagreement, which the Mayor submitted to Council, or informed Council of, within the period specified.

16. Where Council, for the purposes of making the calculations or issuing the precept, proposes to use estimates or amounts (‘the different estimates or amounts’) which are not in accordance with the Executive’s estimates or amounts or, as the case may be, the Executive’s revised estimates or amounts, the question whether to use the different estimates or amounts must be decided in accordance with Rule 2.1(q).

17. The question referred to in Rule 2.1(p) must be decided by a two-thirds majority of the members of Council present and voting on the question at a meeting of Council.

18. Rules 2.1(l) to 2.1(q) shall not apply in relation to:

    1. Calculations or substitute calculations which the Council is required to make in accordance with sections 52I, 52J, 52T or 52U of the Local Government Finance Act 1992 (limitation of council tax and precept); and

    2. Amounts stated in the precept issued to give effect to calculations or substitute calculations made in accordance with sections 52J or 52U of that Act.

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.

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.

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:

1. if it is not practicable to convene a quorate meeting of Council; and

2. if the Chair of the Overview and Scrutiny Committee agrees in writing that the decision is a matter of urgency.

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.

Urgent Action

1. Where an urgent action is necessary to protect the interests of the Council, or the inhabitants of the Borough, in connection with an executive function, that requires a decision before a meeting of the Executive can be called; the Proper Officer, after consultation with the Mayor or the Cabinet Member in respect of which the matter is associated, shall have power to act and shall report the action to the next meeting of the Executive.

2. Urgent action shall not be subject to the call-in procedure and may be implemented with immediate effect.

3. Where the Proper Officer considers that urgent action is necessary to protect the interests of the Council, or the inhabitants of the Borough, in connection with a non-executive function, that requires a decision before a meeting of Council or the appropriate committee can be called; the Proper Officer, after consultation with the Speaker or Deputy Speaker, shall have power to act and shall report the action to the next meeting of Council or the relevant Committee.

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.

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:

1. which will result in the closure or discontinuance of a service or part of service to meet a budgetary constraint;

2. which are necessary to ensure compliance with the law, ministerial direction or government guidance;

3. in relation to the policy framework in respect of a policy which would normally be agreed annually by Council following consultation, but where the existing policy document is silent on the matter under consideration;

4. which relate to policy in relation to schools, where the majority of school governing bodies agree with the proposed change.

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.

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:

1. endorse a decision or proposal of the decision taker as falling within the existing budget and policy framework. In this case no further action is required, save that the decision of Council be minuted and circulated to all Councillors in the normal way; or

2. amend the budget, financial rule or policy concerned to encompass the decision or proposal of the body or individual responsible for that function and agree to the decision with immediate effect. In this case, no further action is required save that the decision of Council be minuted and circulated to all Councillors in the normal way; or

3. where Council accepts that the decision or proposal is contrary to the policy framework or contrary to or not wholly in accordance with the budget, and does not amend the existing framework to accommodate it, require the Mayor or Executive to reconsider the matter in accordance with the advice of the Monitoring Officer and/or the Chief Finance Officer.

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).

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.

The following Procedure Rules apply to all formal Committees and Sub-Committees of the Council except where those bodies have agreed specific procedures either for regulatory or other purposes that better fit the requirements of that body. Where such alternative processes exist they may also call on some of the below procedure rules as required but this should be stated in that Body’s Terms of Reference or Procedures.

Chairs of Committees will be appointed by Annual Council.

Where a vacancy occurs during the year, this will be considered at the next Ordinary Council meeting. Should this not happen then the Committee will be free to appoint its own Chair.

Unless specified in their procedures or the relevant parent committee determines otherwise (for example the Overview and Scrutiny elects the Chairs of its Sub-Committees). Sub-Committees will elect their own Chairs as required.

All Committees/Sub-Committees appoint their own Vice-Chair where this is required.

Committee Size and Membership will be agreed by Annual Council and Sub-Committee size and membership will be determined by the parent Committee. Where a vacancy for a Committee/Sub-Committee Member occurs during the year, the Monitoring Officer has authority to make appointments as recommended by the relevant groups/members in line with the proportionality arrangements agreed by Council.

Up to three Substitutes per political group will also be allocated at Annual Council. The Monitoring Officer has authority to confirm further appointments of Substitutes where vacancies occur, on the recommendation of the political groups in line with this rule.

Each ungrouped Member appointed to a Committee/Sub-Committee may also appoint one named substitute in the same manner.

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.

Substitute Councillors may attend meetings in that capacity only:

1. to take the place of the ordinary Councillor for whom they are the designated substitute; and

2. after notifying the Monitoring Officer (or her/his representative at the meeting) by the time scheduled for the start of the meeting of the intended substitution

3. where they have undertaken any training that would be mandatory for a Members of that Committee.

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.

No substitutes are permitted for the Licensing Committee/Licensing Regulatory Committee.

Business. The first meeting of a Council Committee following the Annual Meeting of Council, will consider the following agenda items (alongside normal business items):

1. elect a person to Chair the Committee for the duration of the municipal year if this has not been actioned by Annual Council;

2. elect a vice-chair

3. note the Committee’s Terms of Reference, Membership (including any required matters in relation to attendance) and scheduled meeting dates;

4. if required, consider the establishment of any standing Sub-Committees for that municipal year and, if necessary, appoint memberships/chairs;

Ordinary scheduled meetings of the Committee/Sub-Committee will take place in accordance with the programme below:

1. Administrative Items:

   1. Appointing a chair for the meeting if the Chair and Vice-Chair are not present

   2. Introductions and apologies as required;

   3. Declarations of Disclosable Pecuniary Interests and other interests;

   4. Consideration of the minutes of the previous meeting.

   5. Workplan (if relevant).

2. Reports for Consideration

   1. Receive any unrestricted reports for consideration.

3. Any Other Urgent Business

   1. Consider any matters which the Chair considers urgent.

4. Exclusion of the Press and Public

   1. To agree a motion to exclude the press and public (should this be required).

5. Exempt/Confidential Minutes

   1. Consideration of any exempt/confidential minutes of the previous meetings.

6. Exempt/Confidential Reports for Consideration

   1. Receive any exempt/confidential reports for consideration.

7. Any Other Exempt/Confidential Urgent Business

   1. Consider any exempt/confidential matters which the Chair considers urgent.

Those listed below may request the Monitoring Officer/Chief Executive to call extraordinary Committee or Sub-Committee meeting in addition to ordinary meetings:

1. The Committee by resolution at a meeting;

2. The Chair;

3. The Monitoring Officer; or

4. One third of the Councillors of the Committee if they have signed a requisition that has been presented to the Chair and they have 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 Committee or Sub-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 Committee or Sub-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.

Committee and Sub-Committee meetings will usually commence at 6.30pm and take place at the Town Hall unless the Chair of the relevant Committee/Sub-Committee decides otherwise. This will be in consultation with the Monitoring Officer.

The Monitoring Officer is authorised to either cancel or postpone a meeting of a Committee/Sub-Committee 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 the Chair of the Committee/Sub-Committee.

The Monitoring Officer will give notice to the public of the time and place of any meeting of a Committee/Sub-Committee in accordance with the Access to Information Procedure Rules at Part B Section X 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 an agenda to the Members of the Committee 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 person chairing the meeting has responsibility for managing the conduct of the meeting and has the final say on the interpretation of the Committees procedures the implementation of these Procedure Rules and their decision shall not be challenged at the meeting.

Participation in a Committee or Sub-Committee meeting shall be at the discretion of the person chairing the meeting.

The Chair 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.

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 20 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 Monitoring Officer. If a date is not fixed, the remaining business will be considered at the next ordinary meeting.

All Committee meetings will end after a period of 2 hours but an extension may be agreed by resolution to extend the meeting for an additional period of up to 1 hour (up to 2 hours for the Appeals/Employee Appeals/Development and Strategic Development Committees/Sub-Committees provided the meeting finishes before 11:30pm).

If the business of a meeting has not been concluded after 2 hours or 3 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 requiring a decision 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 amendments not received by Noon on the day of the meeting shall be deemed to have been dropped.

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 Chair it shall, unless the Chair decides otherwise, be put and voted on without debate:-

1. to change the order of business in the Agenda

2. to proceed to the next business;

3. that the question be now put;

4. to adjourn a debate;

5. to adjourn a meeting;

6. to extend the meeting under Rule 9:

7. to exclude the public in accordance with the Access to Information Procedure Rules;

8. not to hear a Councillor further because of misconduct (as set out in rule 22.2);

9. to require a Councillor to leave the meeting for continued improper behaviour (as set out in rule 22.3); and

10. To request a recorded vote in line with Procedure Rule 16.

Reports for Consideration at meetings will usually be introduced by a Lead Officer or Member. Following that introduction the Chair will invite Members of the Committee/Sub-Committee to ask questions or seek clarifications.

Following questions, the Chair will invite Members to discuss the content of the report.

The Chair may at any time seek further clarification or comment from available officers.

At the conclusion of the debate, the Chair will provide any necessary summary and will then request from Committee/Sub-Committee Members any suggested amendments to the recommendations set out in the report. All amendments must have a proposer and a seconder. The Chair may also propose amendments (which must be seconded by another Member of the Committee/Sub-Committee).

The Chair will then seek to determine an outcome of the debate through one or more votes as necessary.

Discussion on Other Agenda Items will take place in a manner determined by the Chair of the meeting.

Public Participation is not required on most items of business at Committee/Sub-Committee meetings. However, as a general principle the Council welcomes public engagement and where the Chair considers it beneficial, they can invite non-Committee Councillors, residents, external experts and others to address the meeting about an existing item on the agenda in a manner they determine (or if no other procedure is identified, through a three-minute speech).

Committees/Sub-Committees would not normally accept additional items of business from members of the public outside of those already on the agenda.

All Councillors are entitled to vote unless exempted. If Co-opted or other Members are entitled to vote this will be set out in the Terms of Reference for that Committee/Sub-Committee.

Unless this Constitution (or the law) provides otherwise, any matter will be decided by simple majority of the voting Members present.

If there are equal numbers of votes for and against, the Chair will have a second or casting vote. There will be no restriction on how the Chair chooses to exercise a casting vote.

Unless a recorded vote is demanded before the vote has been taken, the Chair 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.

If one third of the voting Membership 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.

Where any Member of the Committee/Sub-Committee 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.

In respect of voting for Chairs/Vice-Chairs or other relevant positions, 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 person presiding shall establish that each candidate nominated, if present, is willing to stand.

Members are entitled to vote for their own nomination should they so wish.

Members are entitled to vote for their own nomination should they so wish.

Petitions are not normally considered at Council Committees/Sub-Committees outside of the Petition Scheme. However, the Monitoring Officer has discretion to allow a petition to be presented to a Committee or Sub-Committee meeting where this is considered appropriate.

Members of the public and press may only be excluded either in accordance with the Access to Information Procedure Rules in Part B Section 27 of this Constitution or Rule 21 (disturbance by the public).

Ensuring good conduct at the meeting is the responsibility of the Chair.

When so requested by the Chair any Councillor, other Member or participant speaking must be silent.

If any participant persistently disregards the ruling of the Chair, or behaves inappropriately, offensively, or is deliberately obstructing business, that person will be provided with a warning by the Chair. If they continue to behave in any such manner the Chair has the authority to order the person in question to leave the meeting.

If there is a disturbance in any part of the meeting room open to the public the Chair shall order that part of the room to be cleared.

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 Constitution.

The Council will webcast most of its Committee/Sub-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 Committee/Sub-Committee are physically present in the meeting location. Key officers should 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.

The Audit Committee is a key component of the Council’s corporate governance. It provides an independent and high-level focus on the audit, assurance and reporting arrangements that underpin good governance and financial standards.

The purpose of the Audit Committee is to provide independent assurance to the Members of the adequacy of the risk management framework and the internal control environment. It provides independent review of the Council’s governance, risk management and control frameworks and oversees the financial reporting and annual governance processes. It oversees internal audit and external audit, helping to ensure efficient and effective assurance arrangements are in place.

Summary Description:
1. The Audit Committee is a key component of the Council’s corporate governance. It provides an independent and high-level focus on the audit, assurance and reporting arrangements that underpin good governance and financial standards.
2. The purpose of the Audit Committee is to provide independent assurance to the Members of the adequacy of the risk management framework and the internal control environment. It provides independent review of the Council’s governance, risk management and control frameworks and oversees the financial reporting and annual governance processes. It oversees internal audit and external audit, helping to ensure efficient and effective assurance arrangements are in place.

Membership: 7 Councillors. There can only be a maximum of one Member of the Executive on the Committee (who must not be the Cabinet Member for Resources) and they must not be the Chair.

Independent Person:

The Audit Committee may choose to appoint an Independent Person (IP) to advise and support the Committee. The IP will not be a member of the Audit Committee but would be entitled to attend all the meetings and associated training of the Committee. The IP can receive and comment on any reports submitted to the Committee, including restricted agenda items.

Table of Functions

Quorum: 3 Members of the Committee

The Committee is responsible for a range of non-executive functions including matters such as; electoral matters, personnel issues and byelaws, that have not been delegated to other Committees.

Summary Description: The Committee is responsible for a range of non-executive functions including matters such as; electoral matters, personnel issues and byelaws, that have not been delegated to other Committees.

Membership: 9 Councillors

Table of Functions

Quorum: 3 Members of the Committee

The Committee is responsible non-executive HR and personnel issues such as recruitment of chief officers and employee appeals against dismissal. Pensions Committee 18. Considers 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.

Summary Description: The Committee is responsible non-executive HR and personnel issues such as recruitment of chief officers and employee appeals against dismissal.

Membership: 7 Councillors

Table of Functions

Quorum: 3 Members of the Committee

The Licensing Committee oversees the discharge of all licensing functions of the Council as the Licensing Authority under the Licensing Act 2003 and the Gambling Act 2005 (excluding the Council’s Statement of Licensing Policy).

The Licensing Regulatory Committee reviews licensing fees and charges and oversees the Licensing activities of the Environmental Health and Trading Standards Service.

The Licensing Regulatory Committee 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 Licensing Committee establishes Licensing Sub-Committees 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 Licensing Code of Conduct is at Part C Section 34.

Summary Description: 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.

Membership: 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.

Table of Functions

Quorum: 4 Members of the Committee

Summary Description: 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.

Membership and Chairing: 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.

Table of Functions

Quorum: 3 Members of the Licensing Committee

Summary Description: 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.

Membership: 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.

Table of Functions

Quorum: 4 Members of the Committee

INTRODUCTION

The Pensions Committee undertakes required responsibilities in relation to the Local Government Pensions Scheme.

Summary Description
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.

Membership
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.

Declaration of Interests: 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

Quorum: 3 Members of the Committee

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.

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.

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 has a set of procedures which govern its arrangements. These are set out Part B Section 19 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.

Summary Description:

Membership:

Co-Opted Members:

Note - Independent Persons

Table of Functions

Quorum

Attendance Requirements:

Summary Description

Membership

Table of Functions

Quorum

Notes

Development Control – 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 Development Committee and the Strategic Development Committee. The terms of reference for both committees are set out below.

Summary Description: 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.

Membership: 7 Councillors

Table of Functions

Quorum: 3 Members of the Committee

Summary Description: 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.

Membership: 9 Councillors

Table of Functions