Constitution Part 3 - The Authoritys functions and delegation scheme

Full Council

The functions to be exercised only by the Full Council, whether as a matter of  law or of local determination are those set out in Article 4 (Functions of the Full Council). 

Full Council Membership

Membership: 36 Councillors

Quorum: 9 Councillors

No Full Council Function
1

Policy Framework

Functions relating to the approval or adoption of a Plan or Strategy of a description specified the Local Authorities (Committee System) (England) Regulations 2012 including those plans, policies and strategies contained within the Council’s Budget and Policy Framework namely:

  • Community Safety Plan
  • The plans and strategies which together comprise the Local Plan
  • Local Council Tax Support Scheme
  • Medium Term Financial Strategy
  • Licensing Policy and Statement of Licensing Principles (Gambling Act)
  • Annual Library Plan (if required)
  • Youth Justice Plan
  • Local Transport Plan 
2

Budget  

The annual budget which includes the allocation of financial resources to different services and projects including:

  • revenue expenditure;
  • proposed contingency funds including reserves and balances;
  • setting the Council Tax (and any other local tax which may be within the control of the Council);
  • decisions relating to the control of the Council's borrowing requirement;
  • capital expenditure; and
  • the Treasury Management Strategy.  

The approval or adoption of a Plan or Strategy for the control of the Local Authority’s borrowing, investments or capital expenditure, or for determining the Authority’s minimum revenue provision.

Approving the capital strategy and programme

Subject to the urgency procedure in the Budget and Policy Framework Procedure Rules, making decisions about any matter which would otherwise be contrary to the Policy Framework, or contrary to or not wholly in accordance with the Budget 

3

Byelaws

Power to make, amend and revoke or re-enact byelaws.

4

Officer Appointments

To confirm the appointment of the Head of Paid Service, Monitoring Officer and s151 Officer.

Power to appoint Officers for particular purposes (appointment of “Proper Officers”).

To approve the dismissal of an Officer designated as the Head of the Authority’s Paid Service, Section 151 Officer, or Monitoring Officer, before notice of dismissal is given to that person.

Duty to designate Officer as the Head of the Authority’s Paid Service, and to provide staff, including Statutory Officers.  The appointment of any individual:

  • (a) to any office other than an office in which he/she is employed by the Authority;
  • (b) to any body other than
    • (i) the Authority
    • (ii) a joint Committee of two or more Authorities; or
  • (c) to any Committee or Sub-Committee of such a body, and the revocation of any such appointment. 
5

Members' Allowances

Approving the Member Allowances Scheme following the recommendation of the Independent Remuneration Panel

6

Elections 

To exercise powers under Part 2 of the Local Government and Public Involvement in Health Act 2007, as amended, regarding a change in the Council’s scheme for elections and for providing by order for consequential changes to the years in which ordinary elections of parish Councillors take place.

Functions relating to the conduct of Community Governance Review under Part 4 of the Local Government and Public Involvement in Health Act 2007 including the receipt and validation of a community governance petition, the terms of reference for any review and to formulate, publish and make decisions relating from a community governance review.

The function of making a request to the Local Government Boundary Commission for England under Section 57 (requests for single Member electoral areas) of the Local Democracy, Economic Development and Construction Act 2009 for single Member electoral areas.

Duty to appoint returning officer for local government elections (section 35 of the Representation of the People Act 1983);

 Duty to appoint an electoral registration officer (section 8(2) of the Representation of the People Act 1983.

7

Local Council Tax Support

Power to approve the Localised Council Tax Support Scheme. 

8

Pay Policy

Functions relating to the preparation, approval and subsequent publication of a Pay Policy Statement under Section 38 of the Localism Act 2011. 

9

Honorary Titles

To confer and/or remove the Freedom of the Borough or the title of Honorary Alderman or Alderwoman. 

10

Elected Member Appointments

To establish committee’s and agree allocation of seats on committees to political groups.

To make appointments to outside bodies unless appointment has been delegated by Full Council.

The power to elect and remove the Leader and Deputy Leader of the Council.

To elect the Ceremonial Mayor and Deputy Ceremonial Mayor.

The making of appointments under Part 2 of Schedule 6 of the Police Reform and Social Responsibility Act 2011. 

11

Constitution

To adopt or amend the Constitution following the recommendation of the Constitution Committee. 

12

Other  

Functions relating to name and status of areas.  

All other functions reserved to Full Council by law.