Articles of the Constitution

Article 4 - Full Council

4.1 Introduction

Hartlepool Borough Council operates a Committee system of governance and operates its decision making process in accordance with section 101 and 102 of the Local Government Act 1972. The structure of the Authority is shown in Schedule 1.

4.2 Responsibility for Functions

The Authority maintains a list in Part 3 of this Constitution setting out the responsibilities for the Authority’s functions and the responsibilities for functions (other than those matters expressly reserved to Full Council) delegated to a Policy, Regulatory or other Committee or Sub-Committee or an officer.

4.3 Functions of the Full Council

Full Council is responsible for the approval and adoption of the Authority’s annual budget and the plans and strategies contained within the policy framework following receipt of any recommendations from a Policy Committee.

The policy framework means the following plans and strategies:-

  • (a) Community Safety Plan
  • (b) The plans and strategies which together comprise the Local Plan
  • (c) Local Council Tax Support Scheme
  • (d) Medium Term Financial Strategy
  • (e) Licensing Policy & Statement of Licensing Principles (Gambling Act)
  • (f) Annual Library Plan (if required)
  • (g) Youth Justice Plan
  • (h) Local Transport Plan

The budget includes the allocation of financial resources to different services and projects, proposed contingency funds, the Council tax base, setting the Council tax and decisions relating to the control of the Authority’s borrowing requirement, the control of its capital expenditure and the setting of virement limits. 

The process for developing and agreeing plans and strategies in the policy framework and for developing and agreeing the budget is set out in the Budget and Policy Framework Procedure Rules at Part 4.

A full list of the functions specifically reserved to Full Council are set out within Part 3 Responsibility for Functions but these include:

  • adopting and changing the Constitution,
  • approving and adopting the policy framework and the budget,
  • agreeing and/or amending the terms of reference for committees,
  • deciding on their composition and making appointments to them,
  • appointing representatives to outside bodies unless this has been delegated by Full Council,
  • adopting the Members’ Allowances Scheme,
  • changing the name of the area,
  • conferring the title of honorary alderman or freedom of the borough,
  • confirming the appointment of the Head of Paid Service and Monitoring Officer, and
  • all other matters which by law must be reserved to Full Council

4.4 Council meetings

There are three types of Full Council meeting:

  • (a) the annual meeting, which takes place each year to appoint the Chair of Council, the Leader of the Council and the Chairs and Elected Members of the Authority’s Committees, Sub Committees and which makes appointments to outside bodies;
  • (b) ordinary meetings, which take place on dates agreed by Full Council and at which the ordinary business of the Authority is conducted and Motions on Notice are considered;
  • (c) extraordinary meetings, which are additional meetings of Full Council called in accordance with the Council Procedure Rules in Part 4 of this Constitution.

These meetings will be conducted in accordance with the Council Procedure Rules in Part 4 of this Constitution. 

4.5 Appointment of Elected Members to Committees

Full Council will allocate seats on committees and sub-committees in accordance with the requirements for political balance contained in the Local Government and Housing Act 1989 (as amended). Appointment to the role of Chair or Vice Chair(s) of any of the Authority’s committees or sub-committees by Full Council will only take effect if the Elected Member nominated to the role is present at the meeting of Full Council when so nominated, or, where the Elected Member so nominated is absent from the meeting of Full Council, the Elected Member provides their consent to the nomination in writing to the Monitoring Officer in advance of the nomination being made. Where a Chair or Vice-Chair is to be determined at a Committee the same rule regarding consent to nomination applies.