Section 1 - Council

Quorum: 10 Meets: 10 times per year Has executive powers

Please note, some of the responsibilities listed below may have been delegated to an officer. Please see the schedule of delegation set out in section 10 of this part.

(a) Adopting and changing the Constitution.

(b) Approving, adopting or amending the policy framework, and the budget and making any application to the Secretary of State in respect of any Housing Land Transfer (as defined in Article 4.02).

(c) Subject to the urgency procedure contained in the Access to Information Procedure Rules in Part 4 of this Constitution, making decisions about any matter in the discharge of a Cabinet function which is covered by the policy framework and the budget where the Cabinet is minded to make the decision contrary to the policy framework or contrary to or not wholly in accordance with the budget.

(d) Appointing the Chairman and Vice Chairman of the Council for a one year term (see Article 5.01), and the Leader of the Cabinet for a two year period subject to Article 7.03.

(e) Approving the appointment of an Acting Leader from any member of the Cabinet where it is anticipated that the Leader of the Council will be unable to hold office for a continuing period of two months or more. The Deputy Leader of the Cabinet will assume the role of Acting Leader of the Council for up to two continuous months, terminating on the return of the Leader or the appointment of an Acting Leader of the Council.

(f) Agreeing and/or amending the terms of reference for Committees and Panels, and other meetings appointed by the Council, deciding their composition and deciding the allocation of seats to political groups in accordance with political balance rules and appointing a pool of substitutes for the Development Control Committee in accordance with Rule 1.1 of the Council Procedure Rules set out in Part 4, Section 1 of this Constitution.

(g) Appointing, nominating or removing representatives to outside bodies unless the appointment is a Cabinet function or has been delegated by the Council.

(h) Adopting a Members' Allowances Scheme (the current Scheme is set out in Part 6 of the Constitution).

(i) changing the name of the area or conferring the title of honorary alderman.

(j) Confirming the appointment or dismissal of the Head of Paid Service, and the dismissal of the Monitoring Officer or S.151 Officer.

(k) making, amending, revoking, re-enacting or adopting byelaws and promoting or opposing the making of local legislation or personal Bills.

(l) Establishing joint arrangements with other local authorities to exercise functions which are not the responsibility of the Cabinet.

(m) The appointment of any officer:

(i) To any office other than an office in which he is employed by the authority;

(ii) To any body other than:

the authority;

a joint committee of two or more authorities; or

(iii) To any committee or sub-committee of such a body, and the revocation of any such appointment.

(n) The Council will provide the Monitoring Officer and Chief Finance Officer with such officers, accommodation and other resources as are in their opinion sufficient to allow their duties to be performed (see Article 11.05).

(o) The Council will issue and keep up to date a record of what part of the Council or individual has responsibility for particular types of decisions or decisions relating to particular areas or functions. This record is set out in Part 3 of this Constitution (see Article 12.01).

(p) All matters reserved by law to the Council.

(q) The following specified functions:

Function	Provision of Act or Statutory Instrument

A. Functions relating to elections

1. Duty to appoint an electoral registration Officer	Section 8(2) of the Representation of the people Act 1983

2. Power to assign officers in relation to requisitions of the registration officer.	Section 52(4) of the Representation of the People Act 1983

3. Functions in relation to parishes and parish councils.	Part II of the Local Government and Rating Act 1997 and subordinate legislation under that Part.

4. Power to dissolve small parish councils.	Section 10 of the Local Government Act 1972.

5. Power to make orders for grouping parishes, dissolving groups and separating parishes from groups.	Section 11 of the Local Government Act 1972.

6. Duty to appoint returning officer for local government elections.	Section 35 of the Representation of the People Act 1983.

7. Duty to provide assistance at European Parliamentary elections.	Paragraph 4(3) and (4) of Schedule 1 to the European Parliamentary Elections Act 1978.

8. Duty to divide constituency into polling districts.	Section 18 of the Representation of the People Act 1983.

9. Power to divide electoral divisions into polling districts at local government elections.	Section 31 of the Representation of the People Act 1983.

10. Powers in respect of holding of elections.	Section 39(4) of the Representation of the People Act 1983.


11. Power to pay expenses properly incurred by electoral registration officers.	Section 54 of the Representation of the People Act 1983.



12. Power to fill vacancies in the event of insufficient nominations.	Section 21 of the Representation of the People Act 1985.

13. Duty to declare vacancy in office in certain cases.	Section 86 of the Local Government Act 1972.

14. Duty to give public notice of a casual vacancy.	Section 87 of the Local Government Act 1972.

15. Power to make temporary appointments to parish councils.	Section 91 of the Local Government Act 1972.

16. Power to determine fees and conditions for supply of copies of, or extracts from, elections documents.	Rule 48(3) of the Local Elections (Principal Areas) Rules 1986 (S.I. 1986/2214) and rule 48(3) of the Local Elections (Parishes and Communities) Rules 1986 (S.I. 1986/2215).

17. Power to submit proposals to the Secretary of State for an order under section 10 (pilot schemes for local elections in England and Wales) of the Representation of the People Act 2000.	Section 10 of the Representation of the People Act 2000.

B. Functions relating to name and status of areas and individuals

1. Power to change the name of the district.	Section 74 of the Local Government Act 1972

2. Power to change the name of a parish.	Section 75 of the Local Government Act 1972

3. Power to confer title of honorary alderman or to admit to be an honorary freeman.	Section 249 of the Local Government Act 1972.

4. Power to petition for a charter to confer borough status.	Section 245b of the Local Government Act 1972.

C. Power to make, amend, revoke, re-enact or enforce byelaws	Any provision of any enactment (including a local Act), whenever passed, and section 14 of the Interpretation Act 1978.

D. Power to promote or oppose local or personal Bills.	Section 239 of the Local Government Act 1972.

E. Functions relating to pensions etc.

Functions relating to local government pensions, etc.	Regulations under section 7, 12 or 24 of the Superannuation Act 1972.

F. Miscellaneous functions

1. Duty to approve authority's statement of accounts, income and expenditure and balance sheet or record of receipts and payments (as the case may be).	The Accounts and Audit Regulations 1996 (S.I. 1996/590)

2. Power to make standing orders	Section 106 of, and paragraph 42 of Schedule 12 to, the Local Government Act 1972

3. Power to appoint staff	Section 112 of the Local Government Act 1972

4. Power to make standing orders as to contracts	Section 135 of the Local Government Act 1972

5. Power to make payments or provide other benefits in cases of maladministration etc.	Section 92 of the Local Government Act 2000

6. Duty to make arrangements for proper administration of financial affairs etc.	Section 151 of the Local Government Act 1972.

7. Power to appoint officers for particular purposes (appointment of "proper officers").	Section 270(3) of the Local Government Act 1972.

8. Duty to designate officer as the head of the authority's paid service, and to provide staff, etc.	Section 4(1) of the Local Government and Housing Act 1989.

9 Duty to designate officer as the monitoring officer, and to provide staff, etc.	Section 5(1) of the Local Government and Housing Act 1989.

10. Duty to provide staff, etc. to person nominated by Monitoring Officer	Sections 82(A) and (5) of the Local Government Act 2000

11. Powers relating to overview and scrutiny committees (voting rights of co-opted members).	Paragraphs 12 and 14 of Schedule 1 to the Local Government Act 2000.

12. Power to resolve not to issue casino premises licence.	Section 166 Gambling Act 2005.

13. Formulation of three year licensing policy.	Section 349 Gambling Act 2005.

14. Determination of licensing policy and publication of statement of licensing policy.	Section 5 Licensing Act 2003

G. Functions relating to Allowances Payable

1. Power to make a Scheme for payment of allowances for members.	Section 18 Local Government and Housing Act 1989.

2. Determining allowances payable relating to: a) Chairman's Expenses b) Vice-Chairman's Expenses c) Financial loss allowance d) Conference/meeting allowance	Local Government Act 1972 a) Section 3(5) b) Section 5(4) c) Section 173(4) d) Section 175

3. Determination of travelling and subsistence payments	Section 174 Local Government Act 1972

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