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You are here: Home | Council, government and democracy | Democratic Information | Policies | Constitution | Part 3 - Responsibility for Functions | Section 8 - The Cabinet

Section 8 - The Cabinet

Quorum: 4 Meets: 10 times per year Has executive powers

Please note, some of the responsibilities listed below may have been delegated to an officer or a member. Please see the schedules of delegation set out in Sections 9 and 10 of this Part.

Composition: The Cabinet will consist of the Leader and between 6 and 9 councillors appointed to it by the Leader (ie minimum size of the Cabinet is 7 members and maximum size is 10).

Substitution of Members: There will be no substitution of members.

Terms of Reference:

(a) The Cabinet will carry out the authority's functions which are not the responsibility of any other part of the authority, whether by law or under this constitution. This will include, but not be limited to:

i) Responsibility for the draft budget, subject to Council approval

ii) Responsibility for all plans and strategies subject to Council approval where these form part of the Budget and Policy Framework

iii) Residual planning functions such as Supplementary Planning Guidance and Conservation Areas

iv) All housing functions with the exception of large scale voluntary transfer

(b) The following specific functions are functions of the Cabinet. The Leader of the Cabinet may allocate any of these functions to the following:

· Cabinet

· Individual Portfolio holders

· Committees of the Cabinet

· Officers of the Council

Function

Provision of Act or Statutory Instrument

1. Any function relating to contaminated land

Part IIA Environmental Protection Act 1990 and Subordinate Legislation

2. The discharge of any function relating to the control of pollution or the management of air quality

Pollution Prevention and Control Act 1999, Part IV Environmental Act 1995, Part 1 Environmental Protection Act 1990, Clean Air Act 1993

3. The service of an abatement notice in respect of a statutory nuisance

S80(i) Environmental Protection Act 1990

4. The passing of a resolution that Schedule 2 to the Noise and Statutory Nuisance Act 1993 should apply in the authority's area

S8 Noise and Statutory Nuisance Act 1993

5. The inspection of the authority's area to detect any statutory nuisance

S79 Environmental Protection Act 1990

6. The investigation of any complaint as to the existence of a statutory nuisance

S79 Environmental Protection Act 1990

7. The obtaining of information under section 330 of the Town and Country Planning Act 1990 as to interests in land

S330 Town and Country Planning Act 1990

8. The obtaining of particulars of persons interested in land under section 16 of the Local Government (Miscellaneous Provisions) Act 1976.

S16 Local Government (Miscellaneous Provisions) Act 1976

 
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