PART 3B – EXECUTIVE PROCEDURE RULES
1
Application of these Rules.
2
2
Executive Decisions.
2
3
Delegation to the Executive.
2
4
Allocation of Responsibility for Functions: Cabinet
3
5
Conflicts of Interest 3
6
Key Decisions subject to Call-in..
3
7
Executive Meetings.
3
8
Ordinary Meetings.
3
9
Special Meetings.
4
10
Urgent Business.
4
11
Meetings of the Executive to be held in Public.
5
12
Quorum...
5
13
Chairing & Conduct of Executive Meetings.
5
14
Public Engagement: Public Questions, Petitions and
Deputations.
5
15
Member Questions and Opposition
Representations.
8
16
The Business of Meetings.
9
17
Prevention of Disorderly Conduct 11
PART 3B1 - APPENDIX TO EXECUTIVE PROCEDURE RULES: DELEGATED POWERS
OF CABINET MEMBERS
1.
Key Decisions.
13
2.
Urgent non Key Decisions outside a Cabinet member’s
delegated authority.
13
3.
Temporary Arrangements.
14
PART 3B – EXECUTIVE PROCEDURE RULES
1
Application of these Rules
1.1
These Rules apply to
meetings open to all Members of the Executive including when
meeting as the Cabinet, except where otherwise
indicated.
2
Executive Decisions
2.
2.1
Executive functions may be exercised by:
a)
the
Executive as a whole;
b)
an
individual Member of the Executive;
c)
an
officer;
d)
an
arrangement with another authority for the discharge of
functions.
Key Decisions to be
taken collectively by the Executive
2.2
All Key Decisions will
be taken by the Executive, normally collectively, at a Cabinet
meeting.
2.3
No individual member
of the Executive may make a Key Decision except for the Leader
pursuant to para 2.1 of the Appendix to
this Part or (under Temporary Arrangements, as outlined in the
Appendix) one of their Deputies in their stead.
2.4
In any instances where
the Leader/one of their Deputies makes a Key Decision then their
decision shall be published on the Council’s
website
Definition of Executive Meeting
2.5
An Executive meeting
shall be defined as a meeting open to all Members of the Executive.
It may be described as a Cabinet meeting, just as Members of the
Executive are also referred to as Members of Cabinet.
3
Delegation to the Executive
3.
3.1
The Leader or, in the absence of the Leader, one of their Deputies,
will present annually to the Council a list (‘the
List’) comprised of the individual members appointed to the
Executive alongside details of the delegations they have given
those Executive Members in relation to the functions for which they
have responsibility (including the power to make non-Key
Decisions). The List shall be in tabular form and will be published
in the Allocation of Responsibility for Functions: Cabinet, which
forms Part 2E of the Constitution).
3.2
Changes to the members
in the List nominated to Executive roles may be made by the Leader
with immediate effect in-year, whereupon an updated List shall be
presented to the next meeting of the Council and published
thereafter in the Constitution at Part 2E.
3.3
The List presented to
annual Council by the Leader or, in the absence of the Leader, one
of the two Deputy Leaders, will include the following information
relating to Executive functions in the ensuing Municipal
Year:
a)
the name
of the Executive Member who will serve as Deputy
Leader;
b)
the names
and Wards of the councillors appointed to the
Executive;
c)
the nature
of the Portfolios to be held by each Executive
Member;
d)
the extent
of any authority delegated to those Executive Members individually,
including details of the limitation on their
authority;
e)
the nature
and extent of any deputising arrangements within the
Executive;
f)
any
changes to the terms of reference and constitution of the
Executive.
3.4
In an election year
the above information may be presented by the Leader or, in the
absence of the Leader, the Deputy Leader to the first appropriate
Council meeting. This may be a special meeting convened for
the purpose.
4
Allocation of Responsibility for Functions:
Cabinet
4.
4.1
The List included in the Allocation of Responsibility for
Functions: Cabinet will remain in force once presented to Council
by the Leader until superseded or revoked by them. Any changes to
individual members appointed to Executive roles made subsequently
by the Leader shall take immediate effect. They shall be presented
to the following meeting of Council, whereupon the published List
will be updated.
5
Conflicts of Interest
5.
5.1
Where any individual Member of the Executive has a conflict of
interest, this shall be dealt with having regard to the
Council’s Code of Conduct for Members, which forms Part 4D of
this Constitution.
5.2
If a conflict of
interest arises in relation to the Leader or Deputy Leader in a
situation where the decision would have been referred to them, then
that decision may be referred to Cabinet.
6
Key
Decisions subject to Call-in
6.
6.1
All Key Decisions, whether taken at a meeting of the Executive or
by the Council’s Leader pursuant to paras 2.2 and 2.3 above
and the Appendix to this Part, are subject to the provisions on
Call-In in the Overview & Scrutiny Procedure Rules which form
Part 3C1 of this Constitution.
7
Executive Meetings
Procedure for Decision
Making by the Executive
7.
7.1
Executive decisions taken by the Executive as a whole will be taken
at a meeting convened in accordance with the Access to Information
Procedure Rules which form Part 3E of this Constitution.
8
Ordinary Meetings
8.
8.1
The Executive will meet at the time and place published on the
agenda.
8.2
The Leader or, in the absence of the Leader, either of the two
Deputy Leaders, may convene additional meetings of the Executive,
provided that the requirements of the Access to Information
Procedure Rules which form Part 3E of this Constitution are
complied with.
8.3
The date and time of a meeting of the Executive may be changed by
the Leader or, in the absence of the Leader, one of her Deputies,
upon giving five clear working days’ notice. In urgent
situations, the meeting may be cancelled by the Leader or the Head
of Democratic Services, with a shorter notice period.
9
Special Meetings
9.
9.1
Those listed below may request the Head of Democratic Services to
call Executive meetings in addition to ordinary scheduled
meetings:
a)
the
Executive by resolution;
b)
the Leader
of the Council; the Chief Executive, the Monitoring Officer (where
the proper officer is not also the Monitoring Officer); or the
Chief Financial Officer.
9.2
The date, time and
place of special meetings will be set by the Head of Democratic
Services.
9.3
Business at special meetings of the Executive shall be restricted
to any item of business specified by the Executive, Leader, Chief
Executive, Monitoring Officer or Chief Financial Officer when
calling the meeting.
9.4
Business at the
special meeting may be added to the agenda subject to the agreement
of the Monitoring Officer following consultation with the Leader of
the Council and the leader(s) of the Opposition Group(s), stating
reasons for urgency.
Notice of
Meetings
9.5
The Head of Democratic
Services must give public notice of the time and place of a public
meeting by displaying it at the offices of the relevant local
authority and publishing it on that authority’s website at
least 5 clear days before the meeting or, where the meeting is
convened at shorter notice, at the time the meeting is
convened.
9.6
Where a meeting is
convened at short notice, no item of business shall be considered
unless a copy of the agenda including the item of business has been
available for inspection by the public from the time that the
agenda for the meeting was sent to members.
10
Urgent Business
10.
10.1
Urgent business may only be considered at an Executive meeting
where:
a)
the Access
to Information Procedure Rules in this Constitution have been
complied with; or
b)
a Member
of the Executive or any Statutory Officer has requested that an
item is placed on the agenda for the meeting at any time before the
start of the meeting and the Executive agrees to the item being
included on the grounds of urgency. The grounds of urgency
and the circumstances giving rise to the request must be recorded
in the minutes of the meeting.
10.2
In addition, provision
exists in the Appendix to these Rules for Executive decisions to be
taken either by the Leader (in relation to any Executive decision,
pursuant to para 1.2 of the Appendix) or by an individual member of
the Executive (in relation to non-Key decisions only, in situations
where they have delegated authority, pursuant to para 1.4 of the
Appendix).
11.
11
Meetings of the Executive to be held in
Public
11.1
All meetings of the Executive will be held in public and will be
governed by the Access to Information Procedure Rules in this
Constitution. Where the Executive is considering reports on
matters which contain confidential or exempt information it may
pass a resolution to exclude the press and public in accordance
with the Access to Information Procedure Rules, having given 28
clear calendar days’ notice of the intention to hold a
private meeting (or part private).
12
Quorum
12.
12.1
Subject to Rule 12.2, the quorum for a meeting of the Executive
shall be a minimum of five.
12.2
In order for an
Executive meeting to be quorate, then either the Leader or one of
their Deputies must be present unless both of them are precluded
from participating in the item of business by reason of a conflict
of interest, in which case the meeting shall elect a
Chair.
13
Chairing & Conduct of Executive
Meetings
Chair of the
Executive
13.
13.1
At a meeting of the whole Executive, the Leader shall preside if
they are present. In the absence of the Leader, one of the
Deputy Leaders shall preside if present.
Conduct of Executive
Meetings
13.2
The person Chairing any Executive Meeting shall regulate
proceedings in such a way as to ensure the smooth running of the
meeting and the effective discharge of the Council’s
business. The exercise of their discretion as well as their ruling
on the interpretation of these Rules shall not be
challenged.
14
Public Engagement: Public
Questions, Petitions and Deputations
Public
Questions
General
14.
14.1
A period of up to 30
minutes in total shall be made available at each meeting of the
Executive for public questions.
14.2
Questions from members of the public which do not exceed 150 words
in length should be submitted in writing to the Head of Democratic
Services no later than 12 noon on the second working day after
publication of the agenda.
14.3
Any questions submitted after the relevant deadline will not be
considered. All questions must relate to an item of business on the
agenda and must specify which item that is.
14.4
Questions will be answered by the Leader in the meeting in order of
receipt, except that the Leader may group together similar
questions. The question shall be put and answered without
discussion.
14.5
Questions will be published prior to the meeting. Any additional
questions received will be not be accepted.
14.6
Members of the public submitting questions may send a substitute to
ask their question if they are unable to attend the meeting. The
Head of Democratic Services should be made aware of this prior to
the meeting commencing.
14.7
Any questions that are not answered at the meeting will be given a
written response at the discretion of the Leader.
14.8
Cabinet agendas are published on the Council’s website five
clear working days prior to the meeting.
Priority accorded to public
questions
14.9
No questioner may submit more than one question to any meeting.
Priority will in any case be given to questions asked by members of
the public who have not asked a question at any meeting of any
Council body in the previous six months.
Petitions
14.10
A period of up to 15 minutes in total shall be made available at
each meeting of the Executive for Petitions submitted either by
members of the public or by members in accordance with the
Council’s
Petition scheme which forms Part 3F of the Constitution.
It provides amongst other things as follows:
·
Any Member of the Council or a member of the public may present to
a meeting of the Executive a Petition which has been submitted in
accordance with the Authority’s Petition Scheme.
·
All Petitions that Members or the public wish to present shall be
referred to Democratic Services no less than ten working days in
advance of the relevant meeting.
·
The presentation of each Petition shall be limited to not more than
three minutes, and shall be confined to reading out, or
summarising, the prayer of the Petition and indicating the number
and description of the signatories.
14.11
While the deadline for submitting a Petition shall be at least 10
working days prior to the relevant meeting, the Leader or person
presiding shall have the discretion to take a late Petition if it
relates to an officer Report which is before the meeting for
consideration.
Action Following Petitions
14.12
The Member of the Council or member of the public presenting the
Petition (‘the petitioner’) shall be invited to attend
any meeting to which it is referred; and shall be informed
subsequently of any action taken or proposed in accordance with the
requirements of the Council’s Petitions Scheme.
14.13
A qualifying Petition which meets the threshold of 1250 or more
signatures may be referred for debate at a full Council meeting if
the petitioner so wishes. This process is set out in the
Council Procedure Rules.
14.14
Where a Petition is referred to Cabinet, a decision may be taken on
it at the meeting at which it is presented or at a later
meeting.
14.15 In
deciding how to respond to the Petition, the meeting may
decide:-
·
To take the action the petition requests;
·
Not to take the action the petition requests for reasons
stated;
·
To commission further investigation into the matter prior to
consideration at a future meeting;
·
To refer the petition to a different relevant Council body, with
recommendations.
·
To note the Petition.
Deputations
14.16
A period of up to fifteen minutes shall be allowed at each meeting
of the Executive for the hearing of Deputations from members of the
public.
14.17
A Deputation shall be heard provided that by no later than 10am on
the eighth working day before the relevant meeting:
(a) notice
has been given to the Chief Executive which complies with
paragraphs (b) to (d) below;
(b) the
subject matter and substance of the Deputation is notified in
writing in the form of a written summary. A Deputation shall not
exceed one side of A4 in length. Accompanying material may be
supplied and should comprise no more than 2 sides of A4
paper;
(c) the
names, addresses and organisation (if any) of the persons forming
the Deputation are provided, this being a minimum of five and
a maximum of twelve people. Which one person is to speak
should be notified at the same time in writing (note - the
addresses of those persons forming the Deputation will not be
published by the Council, but details of the ward(s) in which they
are located will be circulated to the Council meeting);
(d)
A person forming the Deputation must not be
presenting a Petition or Question on the same, or substantially the
same, issue at the same meeting.
Time Allocated for
Presentation
14.18
Each Deputation may be heard for a maximum of five minutes
following which one Member of the Executive, nominated by the
Leader, may speak in response. It shall then be moved by the
Leader that the deputee be thanked for attending and the Deputation
noted and voted on without discussion.
Action Following
Deputation
14.19
The persons forming the Deputation shall be invited to attend the
meeting at which it is considered, and shall be informed
subsequently of any action taken or proposed in relation to the
matters set out in the Deputation.
Deputations and
Petitions considered by either the Executive or full
Council
14.20
Depending on the function referred to in the Deputation or Petition
and whether it is a matter for the Executive or for full Council or
one of its Committees, Deputations and Petitions shall normally be
considered by one or the other (and not both).
15
Member Questions and Opposition
Representations
Questions by
Members
15.
15.1
A maximum period of fifteen minutes in total shall be made
available at each meeting of the Executive for questions from
Members of the Council. If a Member of the Council wishes to ask a
written question at a meeting of the Cabinet of: (a) the Leader of
the Council, or (b) a Cabinet portfolio holder, they shall give
notice in writing by submitting their written question to the Chief
Executive by no later than 12 noon on the second working day after
publication of the agenda of the meeting.
Length of Questions
15.2
All Member Questions are subject to a 150 word limit.
List of
Questions
15.3
A list of the written questions of which notice has been given
shall be circulated to Members of the Cabinet at, or before, the
meeting at which they are to be asked.
Answers
15.4
The questions included on the list of questions referred to above
shall be taken as read at the Cabinet meeting. The question will be
answered either orally or at the discretion of the Chair by a
written answer circulated after the meeting. No supplementary
questions shall be permitted.
Representations by
Opposition Group Leaders
15.5
A maximum period of fifteen minutes in total shall be made
available at each meeting of the Executive at which any of the
Opposition Group Leaders (or their nominated representative for
that meeting) may make representations on any item which is listed
on the agenda for the meeting, provided that they have notified the
Head of Democratic Services of the items they wish to make a
representation on no later than 12noon on the second working day
after publication of the agenda.
15.6
The available time for Representations shall be divided so as to
permit a total of 5 representations by Opposition Group Leaders
lasting no longer than 3 minutes each at any meeting. The split
between the Opposition Groups shall be as follows: 2 Green, 2
Conservative; 1 Brighton & Hove Independent Group.
Leader’s
discretion to permit any person to speak
15.7
The provision for members and members of the public to ask a
question and/or make representations as outlined are without
prejudice to the Leader’s discretion to permit any person
they see fit to attend and speak at any meeting of the
Executive.
The 6 Month
Rule
15.8
No Deputation, Petition or Public Question shall be accepted within
6 months after a Deputation, Petition or Public Question has been
considered by any Council body on the same or substantially the
same subject.
Rejection of Public Questions, Petitions and
Deputations, and Member Questions
15.9
The Chief Executive or Leader may reject a Petition, Deputation,
Public or Member Question if, following consultation with the
Monitoring Officer, it is in their opinion:
a)
not about
a matter for which the Authority has a responsibility or which
affects Brighton & Hove;
b)
would risk
defamation of an individual or is frivolous or offensive; or
otherwise improper;
c)
defamatory, frivolous
or vexatious;
d)
requires
the disclosure of confidential or exempt
information;
e)
from a
member of staff on matters affecting them as employees;
or
f)
otherwise
inappropriate
g)
If the
Chief Executive or Leader rejects a Public question, Petition or
Deputation or Member Question, then their decision is
final.
16
The
Business of
Meetings
16.
16.1
At each meeting of the Executive, the following business will be
conducted:
·
Apologies
·
Approving the minutes of the last meeting;
·
Declarations of interest and any dispensations granted by the
Monitoring Officer
·
Petitions, Deputations and Questions, with public input taking
precedence by custom and practice, including any responses to the
same;
·
Matters referred to the Executive (whether by Overview and Scrutiny
or by the Council) for reconsideration by the Executive in
accordance with the provisions contained in the Overview and
Scrutiny Procedure Rules or the Budget and Policy Framework
Procedure Rules set out in this Constitution.
·
Consideration of reports from the Overview and Scrutiny
Committees;
·
Consideration of proposals for the budget and policy framework,
prior to making decisions on them;
·
Consideration of the Forward Plan;
·
Other matters set out in the agenda for the meeting, which shall
indicate which are Key Decisions in accordance with the Access to
Information Procedure Rules set out in Part 3 of this
Constitution.
16.2
All meetings of the Executive shall be conducted at the discretion
of the person chairing it, who may regulate or vary proceedings at
their discretion to ensure the effective transaction of
business.
Decisions to be taken
only on a report
16.3
The Executive may only take a decision upon consideration of a
written report which includes the legal and financial implications
of any proposals explored.
Consultation
16.4
Where reports to the Executive relate to draft proposals relating
to the budget or policy framework and require a decision, they must
contain details of any consultation to be undertaken with
stakeholders and relevant Overview and Scrutiny Committees.
Final proposals must include details of the outcome of that
consultation.
16.5
Reports on other matters must set out the details and outcome of
any consultation process considered relevant or
appropriate.
Executive
Agenda
16.6
The Leader or any Member of the Executive may request that the
Monitoring Officer places an item on the agenda of the next
available Executive meeting.
16.7
The Monitoring Officer will place the item on the agenda of the
next available meeting of the Executive in accordance with the
Access to Information Procedure Rules or where full Council has
resolved that an item must be reconsidered by the
Executive.
16.8
The Monitoring Officer and Chief Financial Officer may include an
item for consideration on the agenda of an Executive meeting and/or
may call or be required to call a meeting in pursuance of their
statutory duties. In other circumstances, where both the
Chief Financial Officer and the Monitoring Officer are of the
opinion that an Executive meeting needs to be called to consider a
matter that requires a decision, they may jointly include an item
on the agenda of an Executive meeting. If there is no meeting
of the Executive within an appropriate timescale to deal with the
issue in question, then they may also require that a meeting be
convened at which the matter will be considered.
Voting
Procedure
16.9
The Executive will decide all matters before it on a collective
basis (except where dissent is recorded by Members), by simple
majority. The Chair will have a casting vote.
Individual recorded
vote and explanation for vote
16.10
If immediately before the vote is taken any voting Member present
at the meeting requests that his or her vote be recorded as voting
for or against or not voting, it shall be so recorded in the
minutes.
Duration of Meetings
of the Executive
16.11
While the duration of meetings is at the discretion of the Chair,
meetings shall not normally last longer than 4 hours.
Attendance by Members
not part of the Executive
16.12
While any Member of the Council may attend a meeting of the
Executive, they may only speak either in accordance with these
Rules or where invited to do so by the Leader.
Implementation of
Executive Decisions
16.13
In order to allow for Call-In, no Executive Key Decision can be
implemented until the expiry of five clear working days after the
decision has been published. Exception may be made where the
decision-taker resolves as part of the decision that its
implementation is urgent, provided that the relevant provisions in
the Overview and Scrutiny Procedure Rules on urgency and the
Call-In procedure apply (at para 19 of Part 3C1 of this
Constitution).
Confidential
Business
16.14
All reports, other documents, information, discussions and
proceedings of the Executive, or Cabinet member which are marked
Exempt under Schedule 12A of the Local Government Act 1972, or
Confidential must be treated as such by all Members. Members
of the public will not have access to these papers and discussions.
Confidential or exempt items will be marked as such and the
relevant part of Schedule 12A will be specified on the
document. Confidential and/or exempt items will be discussed
in ‘Part II’ of the meeting following a resolution to
exclude the press and public.
16.15
All Executive Meetings and Key Decisions taken by the Leader shall
be subject to regulation 5 (Part 2) of the Local Authorities
(Executive Arrangements) (Meetings and Access to Information)
(England) Regulations 2012. The Access to Information
Procedure Rules (Part 3E) set out the requirements for advance
notice of any private meeting.
Minutes of the
Executive
16.16
Minutes of the Cabinet Meeting shall be published on the
Council’s website.
Production of Decision
Notices and Minutes for Key Decisions
16.17
A Decision Notice will normally be published on the Council’s
website on the day immediately following a Key Decision, thereby
invoking the Call-in period. Minutes of the Cabinet and other
Executive Meetings will normally be published within five clear
working days of the meeting.
Exclusion of the
Public
16.18
Members of the public and press may only be excluded from Cabinet
Meetings either in accordance with the Access to Information
Procedure Rules in Part 3E of this Constitution or under Rule 18.2
and 18.3 below.
17
Prevention of Disorderly Conduct
Misbehaviour by a
Member
17.
17.1
If the person presiding at any meeting of the Executive is of the
opinion that a Member has misconducted, or is misconducting,
themselves by persistently disregarding the ruling of the Chair, or
by behaving irregularly, improperly or offensively, or by wilfully
obstructing the business of the Council, they may notify the
meeting of that opinion, and may take any of the following actions,
either separately or in sequence:
(a) they
may direct the Member to refrain from speaking during all, or part,
of the remainder of the meeting;
(b) they
may direct the Member to withdraw from all, or part, of the
remainder of the meeting;
(c) they
may order the Member to be removed from the meeting;
(d) they
may adjourn the meeting for fifteen minutes or such period as shall
seem expedient to them.
Misbehaviour by a
Member of the Public
17.2
If a member of the public interrupts proceedings at any meeting,
the person presiding shall order them to leave the room where the
meeting is being held. If they do not leave, the person presiding
shall order them to be removed. If a member of the public
persistently creates a disturbance, the person presiding may
adjourn the meeting for fifteen minutes or such period as shall
seem expedient to them.
17.3
If there is a general disturbance making orderly business
impossible, the Chair may adjourn the meeting for as long as they
think necessary. If there is a general disturbance in any
part of the meeting room open to the public the Chair may call for
that part to be cleared.
PART 3B1 - APPENDIX TO EXECUTIVE PROCEDURE RULES: DELEGATED POWERS
OF CABINET MEMBERS
1.
Key
Decisions
Note: the definition of a
Key Decision and the process to be followed in relation to them
– including the requirements as to publicity and also Call
in– are published in Article 6 of this Constitution and are
to be read in conjunction with the Access to Information Rules at
Part 3E and the Overview & Scrutiny Procedure Rules at Part 3C1
of this Constitution.
Key Decisions normally
taken collectively, at a meeting of the
Executive
1.1
No Key Decision may be taken by
any individual Member of the Executive other than at a meeting of
the Executive, with the exception of the Leader or (under Temporary
Arrangements, as outlined at para 3.1 of this Appendix) one
of their Deputies in their stead.
Key Decisions: the
Leader’s powers
1.3
All Key Decisions made by the
Leader under para 1.2 above shall be subject to the Council’s
normal rules on Key Decisions, including the requirements regarding
publication both in the Forward Plan and also once the decision has
been taken, as well as the expectation that all Key Decisions will
be made in public.
Non Key Decisions
taken by individual Cabinet members
1.4
While individual Cabinet members
other than the Leader may not take Key Decisions, they may take non
Key decisions in those areas for which they have delegated
responsibility as indicated in the Allocation of Responsibilities
List, provided that a record of that decision is subsequently
published by the Council.
2.
Urgent non Key Decisions outside a Cabinet member’s
delegated authority
2.1
When an urgent non Key Decision needs to be taken in circumstances
where to wait until the next scheduled meeting of the Executive is
considered to be prejudicial to the best interests of the Council,
and where a Cabinet member is not empowered to act under paragraph
1.4 above, or the relevant Cabinet member is for any reason
unavailable, then the Leader, (or in their absence, one of their
Deputies) may, after such consultation with any Cabinet member as
they consider appropriate, take the decision.
2.2
All decisions taken pursuant to 2.1 must be taken in a way that
fully complies with the Council’s procedural rules.
Publication of all
Executive Decisions
2.3
All decisions taken either by the Leader or by an individual Member
shall be published on the Council’s website, whether they are
Key or non-Key Decisions.
2.4
It should be noted that where a decision is deemed to be urgent,
and where the provisions specified in the
Overview & Scrutiny Procedure Rules at Part 3C1 of the
Constitution are deemed to apply, then that decision will not be
subject to the Call-In procedure provided the correct process has
been followed.
3.
Temporary Arrangements
3.1
In the absence of the Leader,
either of their two Deputies may undertake their responsibilities
and exercise the delegated powers of the Leader to the extent
permitted by the Constitution.
3.2
In the absence of an individual
Cabinet member, the Leader (or in their absence either of their two
Deputies) may undertake the individual member’s
responsibilities and exercise their delegated powers,
including by taking non-Key Decisions normally determined by that
member.
3.3
If a Cabinet member is absent for
an ongoing period, the Leader may, on a temporary basis, allocate
the responsibilities and delegated powers of that Cabinet member to
one or more other Cabinet members with immediate effect. If
the Leader makes such an allocation they must at the time notify
all Members of Council of the temporary transfer of
responsibilities and power and of the likely period of such
arrangements.
3.4
None of the delegated powers above
authorise the taking of a decision which either by law or by the
operation of the Procedural Rules of the Council is required to be
taken at a full meeting of Council.