1. Foreward by the Director of Legal, Governance and Human Resources
1.1 Hartlepool Borough Council (the Authority) has adopted a Code of Corporate Governance which describes how the Council will meet and demonstrate its commitment to good Corporate Governance. The Code of Corporate Governance is based on the core principles set out in the SOLACE/CIPFA Good Governance Framework one of which is ‘Informed, Transparent Decision Making and Managing Risk.’
1.2 Full Council is the supreme decision making body and may, with some exceptions, exercise any of the functions vested in the Authority by law. It may also delegate many of those functions to a Committee, a Sub-Committee or an Officer.
1.3 Matters delegated to a Committee or Sub-Committee are set out in its terms of reference below. Those terms of reference, together with Arrangements for the Delegation of Functions to Officers, are set out in this Part 3 of the Constitution.
2. Introduction
2.1 This part of the Constitution sets out which bodies and Officers within the Authority are responsible for decision-making in relation to particular functions of the Authority.
2.2 The functions are described in more detail in the paragraphs below. Also included in this part of the Constitution are details of the membership of Committees and Forums, information about other bodies (including advisory bodies) and the list of Proper Officer functions. Advisory bodies have no decision-making power but will advise the Authority, Full Council or its Committees or Sub-Committees, about a particular function.
Full Council Functions
2.3 These are functions which the law states cannot be the responsibility of a Committee or Sub-Committee or an Officer. For example adopting the annual budget, is a decision which can only be taken at a meeting of the Full Council. In other cases, where this restriction does not apply the responsibility for undertaking a function may be delegated by Full Council to a Committee or Sub-Committee or an Officer or through joint arrangements with other Authorities.
Committee Functions
2.4 All other functions that are not required to be taken by Full Council or are specifically retained by Full Council are delegated by Full Council to Committees and SubCommittees or to Officers. Where a function is discharged through a Committee or SubCommittee, decisions about these functions will be taken either by a Policy Committee, or through Regulatory and other Committees. The Authority is also able to discharge functions through Joint Arrangements with other Authorities and through Officers.
Other Council and Committee Delegations
2.5 Full Council may delegate a function/decision to a Committee or an Officer and a Committee may authorise an Officer to take decisions in relation to matters for which it retains responsibility. In addition, although the Constitution and is renewed annually changes in legislation and new delegations do occasionally arise in-year and therefore for information on any recent in-year changes please refer to Democratic Services for further information.
2.6 The alleviation of child and family poverty within the Borough and consideration of any impact on the Environment, Sustainability and Climate Change are matters to be taken into account in all decision making through the completion of a Single Impact Assessment, particularly that of Full Council and Policy Committees, in accordance with Part 2, Article 11.
2.7 The delegation arrangements in this Constitution reflect the principles that all matters that have been previously delegated prior to the revision of this Constitution should remain so. Where, in any statement of the powers previously delegated, reference is made to the holder of a post or office which no longer exists, that reference shall be interpreted as being a reference to the holder of the current post or office of which the responsibilities or functions most closely relate to those of the former post-holder or office holder. In the event of any contradiction between the earlier delegations and those set out below, the latter shall prevail.