1.1 To be read in conjunction with the Members’ Allowances Scheme.
Allowances
Basic Allowance
1.2
Basic Allowance | £5,289 |
Special Responsibility Allowances (“SRA”)
1.3
Role | Current Allowance: (£) | ||
Chair of the Council | 5,490 | ||
Vice-Chair of Council | 1,356 | ||
Leader of the Council | 15,474 | ||
Deputy Leader of the Council | 8,001 | ||
Leader of the Largest Minority Group See Note 1 | 1,233 plus 201 per group member | ||
Minority Group Leader(s) (where group is 5 or more members) See Note 2 | 201 per group member | ||
Minority Group Leader(s) (where group is less than 5 members) See Note 3 | 438 | ||
Cabinet Member | 6,399 | ||
Chair of Scrutiny and Performance Committee | 4,329 | ||
Chair of a Planning Committee | 4,878 | ||
Deputy Chair of a Planning Committee | 1,614 | ||
Chair of Audit and Governance Committee | 4,329 | ||
Chair of a Licensing Committee | 1,572 | ||
Chair of Standards Committee | 1,572 | ||
Independent Persons on the Standards Committee and Audit and Governance Committee | 954 | ||
1.4 Note 1: payment of £1,233 plus £201 per Member be payable to the leader of the acknowledged largest opposition group(s) where:
- such leader or spokesperson is not in receipt of an SRA which exceeds or is equal to this figure for any other reason; and
- no other Member is receiving an SRA for undertaking a leadership role for the same minority group.
1.5 Note 2: payment of £201 per Member payable to the Leader or spokesperson of any other minority Political Group where:
- The group has 5 or more Members
- such leader or spokesperson is not in receipt of an SRA which exceeds or is equal to this figure for any other reason; and
- no other Member is receiving an SRA for undertaking a leadership role for the same minority group.
1.6 Note 3: Payment of £438 to the leader or spokesperson of any other minority Political Group where:
- the group has fewer than 5 Members;
- such leader or spokesperson is not in receipt of an SRA which exceeds this figure for any other reason; and
- no other Member is receiving an SRA for undertaking a leadership role for the same minority group.
1.7 Pursuant to Sections 3 and 5 of the Local Government Act 1972, an additional £1,030 is paid to the Chair of the Council and £315 to the Vice-Chair of the Council to meet expenses.
1.8 Childcare and Adult Carers Allowances to be paid in line with, but not less than the National Minimum Wage (currently £12.21 per hour) with reimbursement of reasonable actual costs of care above the level of the allowance may be endorsed at the Portfolio Holder’s discretion. Payment will be on receipt-based actual costs.
1.9 The following travel and subsistence rates apply:
Vehicles | Rate | |
Car or Van mileage rate | 45p per mile for the first 10,000 miles and 25p per mile thereafter | |
Motorcycle mileage rate | 24p per mile (all miles) | |
Cycling allowance including electric cycles and other electric forms of transport | 20p per mile (all miles) | |
Councillor passenger supplement | 5p per mile per passenger (for up to 4 passengers) | |
Reimbursement for the reasonable costs for the use of public transport, with the relevant Portfolio Holder’s approval and proof of purchase, to include: Buses, Taxis and Rail Travel (standard class travel only). | ||
Subsistence | Rate | |
Breakfast | £8.00 | When away from home on approved Council business before 8 a.m. |
Lunch | £11.00 | When away from home on approved Council business between 12 noon and 2 p.m. |
Evening Meal | £20.00 | When away from home on approved Council business after 7 p.m. |
Overnight absence | £98.30 | When outside London |
London and specified conferences | £110 | |
2.1 Probity in planning is about ensuring that decisions on plan making and planning applications are undertaken, on behalf of communities, in a fair, impartial and transparent way.
The Local Government Association has published guidance (Appendix 2) which clarifies how councillors can get involved in planning discussions on plan making and on applications, on behalf of their communities in a fair, impartial and transparent way. This guide has been written for officers and councillors involved in making planning decisions in their local authority and does not constitute legal advice.
Introduction
3.1 The role profiles aim to:
- Provide clarity for Councillors, Officers and the public about what is expected of each role;
- Support the development of relevant skills and knowledge through appropriate training;
- Provide guidance, as necessary, to support the Independent Remuneration Panel (Part 2.11) and the Members’ Allowances Scheme (Part 4.6); and
- Support Members in their development as a District Councillor and to enable them to undertake other roles on the Council during their term of office or future opportunities in local government or other public service.
3.2 The role profile for a District Councillor is the foundation for all other roles and the subsequent profiles should be read in this context. This guidance forms part of the Council’s Member training and induction process following election to the Council.
Role Profile of a District Councillor
3.3
Purpose |
|
Key Tasks |
|
Knowledge |
|
Skills | Leadership:
Communication:
Organisational:
Team Working and Relationships:
|
Role Profile of a Chair/Deputy Chair of the District Council
3.4
Purpose |
|
Key Tasks |
|
Knowledge |
|
Skills | Leadership:
Communication:
Organisational:
|
Role Profile of Leader/ Deputy Leader of the Council
3.5
Purpose – Leader |
|
Purpose – Deputy Leader |
|
Key Tasks |
|
Knowledge |
|
Skills | Leadership:
Communication:
Organisational:
Teams and Relationships:
|
Role Profile of a Cabinet Member with Portfolio
3.6
Purpose |
Reports to: Executive Leader |
Key Tasks |
|
Knowledge |
|
Skills | Leadership Skills
Chairing Skills
Team Working & Relationship Building
Communication Skills
Organisational Skills
Other Skills and Abilities
|
Role Profile of a Group Leader
3.7
Key Tasks |
|
Knowledge |
|
Skills | Leadership:
Team Working and Relationships:
|
Role Profile for Chair of Scrutiny and Performance Committee
3.8
Purpose |
|
Key Roles |
|
Knowledge |
|
Skills | Leadership
Chairing
Team Working & Relationship Building
Communication
Organisational
Other Skills and Abilities
|
Role Profile for Chair of Audit and Governance Committee
3.9
Purpose |
|
Key Tasks |
|
Knowledge |
|
Skills | Leadership
Team Working & Relationship Building
Communication
Organisational
|
Role Profile of Chairs of Committees
3.10
Purpose | To lead, promote and chair meetings of:
|
Key Tasks | In addition to your role as Councillor, the Chair of Committee Role Description includes the following:
|
Knowledge |
|
Skills | Leadership
Team Working & Relationship Building
Chairing
Other Skills
|
4.1 The Solace/CIPFA/LLG Code of Practice for Good Governance for Local Authority Statutory Officers provides advice and sets expectations for local
government’s three highest profile statutory roles of Head of Paid Service, Chief Finance Officer and Monitoring Officer.
The aim of the Code is to enable the statutory officers to effectively work together in what is known as the ‘Golden Triangle’ to best advise their authority, implement its decisions, and help achieve good outcomes.
5.1 The Local Code of Corporate Governance provides the framework for the Council to achieve its aims and objectives and sets out the processes for monitoring its effectiveness. It applies to all staff, elected Members and any person, agent, contractor or other body carrying out functions on behalf of the Council.
6.1 The Whistleblowing and Speaking Up Policy applies to everyone who works for the Council. This includes people working with the Council in partnership (including external contractors), temporary and fixed term employees, Members, and volunteers. The policy is intended to:
- Promote a culture of openness and protect the ethical reputation of the
Council; - provide a clear and effective means of raising concerns, on an anonymous
basis if necessary, and to have confidence that those concerns will be
properly dealt with; - provide safeguards to enable individuals to raise genuine concerns about
wrongdoing, malpractice or unlawful conduct without fear of repercussions;
and - ensure that individuals who raise concerns receive feedback on any action
taken.
Scrutiny Checklist – Some Dos and Don’ts
7.1
Do
- Remember that scrutiny is about learning and being a ‘critical friend’ and should result in improved value and enhanced performance.
- Praise success and good practice.
- Benchmark performance against local and national performance indicators, using the results to ask more informed questions.
- Take account of local needs, priorities and policies.
- Be persistent and inquisitive.
- Ask effective questions – be constructive, not judgemental.
- Be open-minded.
- Listen to a wide variety of views and seek out opinions not often heard.
- Praise good practice and performance improvement – and seek to spread this throughout the Council.
- Provide constructive feedback to those who have been involved in a review and to stakeholders.
- Review your own performance.
- Plan and consider the Work Programme carefully in consultation with the Audit and Governance Committee.
Don’t
- Use scrutiny to blame or punish.
- Be party political/partisan.
- Stifle initiative or creativity.
- Be frightened to ask basic questions.
- Start without a clear objective and brief.
- Get sidetracked.
- Get tangled up in detail.
- Lack sensitivity towards other stakeholders.
- Be afraid of failure – it can provide valuable lessons for improvement.
8.1 Scrutiny Request Form
This form should be completed by Member(s), Officers and/ or members of the public when proposing at item for Scrutiny.
Introduction
The Scrutiny and Performance Committee has statutory powers to scrutinise decisions the Cabinet is planning to take, those it plans to implement, and those that have already been taken/implemented.
Effective scrutiny should:
• provide constructive ‘critical friend’ challenge
• amplify the voices and concerns of the public
• drive improvement in public services and strategic decision-making
Any requests for the Scrutiny and Performance Committee to consider a topic should be submitted via the form below which will be sent to the Chair of the Scrutiny and Performance Committee for consideration.
In deciding whether or not to consider a topic, the Chair of Scrutiny and Performance Committee (Part 2.4) will have regard to:
• does the topic affect a significant number of people in the district?
• What is the impact of the topic?
• what evidence and information is available to support any concern?
• is this a case that is being, or should be pursued, via the council’s corporate
complaints system?
• has the committee considered a similar topic recently – if the answer is yes, has
the circumstances or evidence changed?
• has the relevant service or partner agency been informed and been given enough
time to resolve the issue?
The Scrutiny and Performance Committee will not consider:
• An individual service complaint;
• A planning or licensing matter/ decision;
• Something that the Scrutiny and Performance Committee has dealt with in the
last 12 months; or
• An issue that was dealt with by another council committee (except where there is
an issue relating to process).
If the Scrutiny and Performance Committee decide not to consider an issue or on
consideration decides no further action is necessary, it will inform the person making the request and the reasons why.
You might also want to check the Scrutiny & Performance Committee’s Work
Programme, as your concern might already be due for consideration in the coming year.
If you would like to refer a topic for scrutiny please complete the form below.
Guide to Dispensations
9.1 The Standards Committee, any Sub-Committee of the Standards Committee and the Monitoring Officer are responsible for determining requests for a Dispensation by a Member in accordance with the Members’ Code of Conduct (Part 4.1) under section 33 of the Localism Act 2011.
9.2 This guide explains:
- The purpose and effect of Dispensations
- The procedure for requesting Dispensations
- The criteria applied in determining Dispensation requests
- The terms of Dispensations
9.3 For the avoidance of doubt, Members do not have a Disclosable Pecuniary Interest and/or are granted a general Dispensation in respect of any business of the Council relating to the setting Council tax or a precept under the Local Government Finance Act 1992.
Purpose and effect of Dispensations
9.4 In certain circumstances, Members may be granted a Dispensation that enables them to take part in Council business where this would otherwise be prohibited. Provided Members act within the terms of their Dispensation there is deemed to be no breach of the Members Code of Conduct or the law.
9.5 Section 31(4) of the Localism Act 2011 states that dispensations may allow a Member to:
- a. participate, or participate further, in any discussion of the matter at a meeting; and/or
- b. participate in any vote, or further vote, taken on the matter at a meeting
9.6 Please note: if a Member participates in a meeting where they have a Disclosable Pecuniary Interest and they do not have a Dispensation, they may be committing a criminal offence under section 34 of the Localism Act 2011.
Process for making requests
9.7 A request for Dispensation must be made on an individual basis. Any Member who wishes to apply for a Dispensation should fully complete a Dispensation Application Form (Appendix A10) and submit it to the Monitoring Officer, fully explaining why it is considered desirable and appropriate to grant the Dispensation.
Approval Process
9.8 A Dispensation may only be granted to a Member relieving the Member from either or both of the restrictions in paragraph 12(1)(a) (restrictions on participating in discussions and in voting) of the Members Code of Conduct allowing them to participate in any discussion of a matter at a meeting and/or to participate in any vote on the matter (as per paragraph 9.4 above) if they consider that:
- a. without the Dispensation, the number of persons prohibited from participating in any particular business would be so great a proportion of the body transacting the business as to impede the transaction of the business,
- b. without the Dispensation, the representation of different Political Groups on the body transacting any particular business would be so upset as to alter the likely outcome of any vote relating to the business,
- c. granting the Dispensation is in the interests of persons living in the authority’s area, or
- d. without the Dispensation, each Member of the Cabinet would be prohibited from participating in any particular business to be transacted by the Cabinet, or
- e. it is otherwise appropriate to grant a Dispensation.
9.9 In the absence of the Monitoring Officer, a Deputy Monitoring Officer is authorised to execute the functions of the Monitoring Officer.
9.10 The Standards Committee also has the delegated power to grant
9.11 Applications dealt with by the Monitoring Officer will normally be determined within 10 clear Working Days. Applications made to the Standards Committee will go to the next ordinary meeting or it may be appropriate to arrange a special meeting at the discretion of the Chair of the Committee. Applications must be received at least 10 clear Working Days before a meeting to enable a report to be prepared and the agenda published 5 clear Working Days before the meeting.
9.12 The Monitoring Officer will formally notify the Member of the decision and reasons in writing at the earliest opportunity and in any event within 5 clear Working Days of the decision.
Criteria for determination of requests
9.13 In reaching a decision on a request for a Dispensation, consideration will be given to:
- a. the nature of the Member’s interest;
- b. the extent to which the request could have been avoided or other arrangements could have been made;
- c. the need to maintain public confidence in the conduct of the Council’s business;
- d. the extent to which there is some personal benefit and the extent of the public benefit obtained by agreeing to a Dispensation;
- e. the possible outcome of the proposed vote;
- f. the need for efficient and effective conduct of the Council’s business;
- g. any other relevant circumstances.
Terms of Dispensations
- Dispensations may be:
- Granted for one meeting or for a period not exceeding 4 years
- Subject to specific conditions, e.g., notification of any material change in circumstances arising from the Dispensation
Disclosure of decision
9.15 Any Member who has been granted a Dispensation must declare the nature and existence of the Dispensation before the commencement of any business to which it relates.
9.16 A copy of the Dispensation will be kept with the Register of Members’ Interests.
Dispensations for Conflicts of Interest when taking Executive decisions
9.17 Under regulations 12 and 13 of the Local Authorities (Executive Arrangements) (Meetings and Access to Information) (England) Regulations 2012, the record of a Cabinet decision made either at meetings or by individuals, must include:
- a. details of any conflict of interest either declared by any Member of the body which made the decision or declared by any Cabinet Member consulted by the Member or Officer taking the decision which relates to that decision;
- b. In respect of any such conflict of interest, a note of dispensation granted by the Chief Executive.
9.18 Please note: A conflict of interest is broader than a Disclosable Pecuniary Interest. It can be any interest that conflicts (or may reasonably be perceived to conflict) with a Member’s duty to take decisions only in the public interest in the light of material considerations.
10.1 This is the form that councillors must use to apply for a dispensation under Section 33 of The Localism Act 2011 in respect of a Disclosable Pecuniary Interest. The form should be read in conjunction with the Members’ Code of Conduct and Dispensations Protocol.
To: The Monitoring Officer
Application for a Dispensation under Section 33 of the Localism Act 2011 in respect of a Disclosable Pecuniary Interest
Please read the associated Guidance and Members’ Code of Conduct carefully before completing this form.
Name of Member:
You may apply for a Dispensation by completing this form and sending it to the Monitoring Officer.
- What is the matter for which Dispensation is sought? Please provide full details including amounts where the matter involves funding or finance.
- For which type of meeting is Dispensation sought? (Full Council, Cabinet, Committee or Sub-Committee)
- What is the date of the meeting(s) at which this matter is to be considered.
- What is the nature of the Prejudicial Interest? Please state if it involves a Disclosable Pecuniary Interest? Please provide full details.
- For how long is the Dispensation needed? Please note that it cannot be longer than 4 years nor exceed the Member’s term of office.
- Do you benefit personally from the business to which this application relates? If ‘yes’, the full details must be provided of the nature and extent.
- How is the business of the Council being impeded in the absence of a Dispensation?
- Are there any other factors that might help the Council to reach a decision on the application?
- Are you seeking a Dispensation to speak and vote? Yes/No
- Are you seeking a Dispensation to speak but not vote? Yes/ No
Date:
Please complete, sign and return this form to the Monitoring Officer.
Common Law: the “need to know”
11.1 Case law has developed Members’ rights of access under the principle called “the need to know”. This right has largely been superseded by the statutory rights and duties set out in this Constitution.
11.2 The right is not unlimited and the key points are set out below:
- Members have rights of access to information so far as access is reasonably necessary for them to perform their duties.
- The “need to know” will vary with a Councillor’s role. For example, an Audit & Governance Committee Member will have a greater “need to know” about financial matters than other Members.
- This is not a “roving commission” to access any documents; the Member needs to prove they have a right to know.
- The right can only be used to further official duties, not private or political aims.
- Refusals can take into account the effects on disclosure on third parties and the need to know must be in “good faith”.
- Information disclosed that is confidential in nature (or under any statutory regime) remains confidential and the Member is legally required to maintain that confidentiality.
- Whether a need to know arises in a particular case will be a matter of fact and degree, to be decided by the Monitoring Officer, in the light of all the circumstances of the request.
12.1 The following is a list of words, terms and phrases that have been used in the Constitution to help along with an explanation of their meaning.
Access to Information Rules | The Council’s rules which include details of how notice of meetings is to be given, how the public can access agendas and reports, the circumstances in which the public may be excluded from meetings and procedures for the making of Key Decisions. |
Adjourned | To suspend (e.g. a meeting) with the intention to resume it later. |
Annual Governance Statement | A public statement which reviews how well the Council has kept to its governance rules. |
Annual Statement of Accounts | A technical publication that includes all financial statements (e.g. Income & Expenditure Account, Balance Sheet, Movement in Reserves, Cashflow) and disclosures required by law. |
Agenda | A document which sets out the items to be considered at any meeting of the Council. Agendas must be published in advance of the meeting in accordance with legislation and the Access to Information Procedure Rules. They are available for inspection before each meeting at the Council’s main offices and on the Council’s website. |
Amendment | Motion to insert or alter or omit words in a motion under discussion. A direct negative is not an amendment. |
Annual Meeting | The annual meeting of Full Council, which usually takes place in May each year. |
Articles | The basic rules governing the Council’s business. |
Background Papers | Any document which has been relied upon by an Officer in the preparation of a report for one of the Council’s meetings. Background papers must be retained and available for inspection for 4 years beginning with the date on which the decision was made. |
Best Value | The duty imposed on the Council by the Local Government Act 1999 to secure ‘continuous improvement in the way in which functions are exercised having regard to economy, efficiency and effectiveness’. |
Budget | Every year the Council puts a financial plan in place which describes how and where the Council will spend money to provide services and deliver the aims which are set out in its Council Strategy. The budget includes the allocation of financial resources to different services and projects, proposed contingency funds, the Council tax base, setting the Council tax and decisions relating to the control of the Council’s borrowing requirement, the control of the capital expenditure and the setting of virement limits. |
Budget Holder | An Officer with responsibility for managing, monitoring, authorising and reporting on spend within specified Council budgets. |
Budget Meeting of Council | The Ordinary Meeting of the Council usually taking place in February/March each year which considers the Budget. |
Budget and Policy Framework | Full Council is responsible for setting the Budget and Policy Framework. The Budget and Policy Framework sets out the Council’s key plans and strategies and agreed budget for each year. |
Cabinet | The Councillors who, together with the Leader, form the Executive. Cabinet is responsible for the discharge of those functions and responsibilities defined as ‘Executive functions’ under the Local Authorities (Functions and Responsibilities) (England) Regulations 2000 and also those functions which are known as ‘Local Choice Functions’ where Full Council has decided they should be the responsibility of Cabinet. |
Cabinet Member | Those Councillors appointed by the Leader to the Cabinet. Each Cabinet Member is responsible for a Portfolio allocated to them by the Leader. |
Call-in | The mechanism through which Executive decisions which have been made but not yet implemented, can be reviewed. |
Call-over | The mechanism through which matters can be reserved for discussion at Full Council. |
Chair | The person who presides over a meeting of Council, a Committee or any Sub-Committee. |
Chair of Council | Elected annually by Councillors at the Annual Meeting and presides over meetings of Council. |
Clear Working Days | Relevant to prior notice of decisions – all agendas and papers for decisions in public must be available 5 clear working days before the decision is taken (special rules can apply to urgent late items). The 5 days does NOT include the day the papers are sent out or the date of the meeting (hence the use of ‘clear’). ‘Working’ is taken to be Monday to Friday inclusive and excludes Saturdays, Sundays and Bank Holidays. |
Code of Conduct (Member Code of Conduct / Officer Code of Conduct) | A set of rules which elected and co-opted Councillors and Officers must follow. The document which has been adopted by the Council setting out what is expected of Councillors and co-optees in terms of their conduct and behaviour. A copy of the Members’ Code of Conduct can be found in Part 4.1 of this Constitution. |
Confidential Information | Information either given to the Council by the Government on terms which forbid its public disclosure, or which cannot be publicly disclosed by Court Order. |
Constitution | A document setting out how the Council operates, how decisions are made and all the procedures that have to be followed |
Co-optee / Co-opted | A person who is appointed to serve on a Committee or Sub-Committee of the Council but who is not a Councillor or Officer. Co-optees do not normally have voting rights on Committees. |
A legal entity created by law to administer certain functions within a local area. Within this Constitution it means Wealden District Council. | |
An individual who is democratically elected to serve on the Council by registered electors within a Ward. Councillors may sometimes be referred to as ‘Members’. There are currently 45 Councillors. | |
May be established by the Council to assist with non Executive functions. | |
Corporate Management Team | Officers designated as Corporate Directors including the Section 151 Officer and Monitoring Officer. |
Means all privacy laws applicable to personal data including the Data Protection Act 2018 and regulations made under it and the UK General Data Protection Regulation (Regulation (EU) 2016/679).This is together with all codes of practice and other statutory guidance issued by the Information Commissioner’s Office. | |
The choices and agreements made on a particular issue. The Council’s Constitution sets out the rules on how formal decisions are to be taken in compliance with the law (see also Key Decisions). | |
Declaration of Interest | Councillors must declare interests under The Relevant Authorities (Disclosable Pecuniary Interests) Regulations 2012 The Register of Members’ Interests is maintained by the Monitoring Officer. Interests must be declared 28 days from becoming a member and 28 days from becoming aware of the interest. Declarations of interest should be made at all meetings where relevant to the business on the agenda. |
Delegation | Formal authorisation for a Committee, Portfolio Holder, joint Committee or Officer to take an action which is the ultimate responsibility of the Council or Executive. |
The administrative area of Wealden District Council. | |
A dispensation allows an individual Member from taking part in Council business where they would otherwise not be permitted. Members must follow an agreed procedure to request a dispensation. See Dispensation Protocol. | |
Earmarked Reserves | These reserves represent monies set aside that can only be used for a specific use or purpose. |
Exempt Information | Information that the Council may not be required to publish because it falls within specific categories defined in Schedule 12A of the Local Government Act 1972. |
Extraordinary Meeting | A meeting of the Full Council, a Committee or the Cabinet, which is called in addition to those which appear on the Council’s calendar of meetings. |
Executive | The Leader and other Cabinet Members. |
Executive Decisions | A decision within the remit of the Executive under the Local Government Act 2000. |
Executive Functions | Those functions of the Council which the Local Government Act 2000 and the Local Authorities (Functions and Responsibilities) (England) Regulations 2000 states are to be the responsibility of the Leader; they can be delegated by the Leader to the Cabinet, individual Cabinet Members, Cabinet Committees or Officers. |
Financial Procedure Rules | The rules and procedures which govern financial management and control within the Council as set out in Part 3.2 of this Constitution. |
Financial Year | The financial year for the Council is not the same as the calendar year. Our financial year starts on 1 April and ends on 31 March. |
Full Council | A meeting that all 45 elected Councillors are entitled to attend. |
Functions Regulations | The Local Authorities (Functions and Responsibilities) (England) Regulations 2000 (as amended) |
Forward Plan | The Forward Plan is a public document which sets out the Key Decisions the Executive expects to take. The Forward Plan must be published 28 clear working days before the decision is made, unless an urgent decision is required. |
Group Leader | The person appointed by a Political Group to act as the leader of that group of Councillors. |
Head of Paid Service | A statutory appointment under Section 4 of the Local Government and Housing Act 1989. Every Council has to have a Head of Paid Service, who is ultimately responsible for the Councils’ delivery of effective services and is responsible for reporting to the Council on how employees are organised and deployed. The Chief Executive has been designated as the Head of Paid Service. |
Independent Member (Audit) | A member of the Council who is not a Co-optee, Councillor or a Council Officer |
Independent Person (Standards) | A person appointed by the Council under section 28 of the Localism Act 2011. The Monitoring Officer is required by law to seek the views of the Independent Person and to take these into consideration where an allegation is made that there has been a breach of the Councillor Code of Conduct prior to making a decision whether to investigate that allegation. The Localism Act prescribes a number of conditions which must be met before an individual can be appointed to the role of Independent Person. |
Items of Business | Items on an agenda requiring a decision. |
Key Decisions | A significant Executive Decision that meets the definition as set out in Article 6 and to which additional reporting and other requirements apply. |
Licensing Committees | The Statutory Licensing and Gambling Committee and the General Purposes and Licensing Committee. |
Local Code of Corporate Governance | The framework through which the Council meets its commitment to good corporate governance. |
Local Choice Functions | Those functions which by law the Council can choose to be either an Executive Function or a Non-Executive Function. As more particularly set out in Part 2.1. |
Local Ward Member | Is an elected official who represents a specific geographic area within the District. In the context of Planning Committees, the “Local Ward Member” shall be given the meaning in paragraph 1.23 of Part 2.7. |
Leader (of the Council) | Member elected by Full Council to lead and determine the Executive functions of the Council. |
LGA 1972 | Local Government Act 1972 as amended. |
LGA 2000 | Local Government Act 2000 as amended. |
Meetings | Formally-constituted meetings convened in accordance with the LGA 1972 with due notice, formal agenda, open to the public and with minutes taken forming the legal record of the discussion. |
Members’ Allowance Scheme | The scheme under which Councillors, Independent Persons (Standards Committee), Independent Persons (Audit and Governance Committee), and Co-opted Members are entitled to receive allowances in respect of carrying out their duties and for fulfilling any special responsibilities allocated to them. |
Minutes | The formal written record of a meeting. |
Monitoring Officer | This is a statutory appointment under Section 5 of the Local Government and Housing Act 1989. The Monitoring Officer is responsible for reporting the actual or potential breach of a legal requirement to the Council or Executive and for dealing with complaints of breaches of the Members’ Code of conduct.. The Chief Legal and Governance Officer is the designated ‘Monitoring Officer’. |
Motion | Formal proposal from a Councillor at a meeting to be voted on. |
Municipal Year | The period between the Annual Meetings of the Council, which are usually held in May. |
Non-Executive Functions | Those functions of the Council which the Local Government Act 2000 and the Local Authorities (Functions and Responsibilities) (England) Regulations 2000 states are not to be the responsibility of the Executive along with those Local Choice Functions which the Council has decided should not be the responsibility of the Executive. |
Officer | The staff employed by the Council to work for it and make decisions on its behalf. |
Ombudsman | Local Government & Social Care Ombudsman (LGSCO) investigates complaints from members of the public about councils and some other authorities and organisations providing public services in England. The LGSCO has a separate website The Housing Ombudsman Service (HOS) looks at complaints about registered providers of social housing, for example housing associations, and other landlords, managers and agents. HOS is an executive non-departmental public body, sponsored by the Ministry of Housing, Communities and Local Government. The HOS has a separate website |
Opposition Group(s) | Opposition Group(s) is / are those Political Group(s) who have a minority in terms of the number of Councillors who form that Political Group when compared to the total number of elected Councillors. |
Ordinary Meeting | Council Meetings held in accordance with a programme of meetings decided by the Council. |
Ordinary Member | The Member being substituted is referred to as an “Ordinary Member”. |
Outside Bodies | Organisations with whom the Council works in partnership, appoints Councillors to but over whom the Council has no direct control. |
Overview and Scrutiny | The action of overseeing and scrutinising decisions made by the Executive. |
Petitions | A formal written request appealing to the Council in respect of a particular cause or question. The Council operates a Petition scheme detailing how the Petitions can be submitted and the process by which they will be considered. |
Political Balance | The Council must allocate seats to give effect to the political balance rules. The rules for the allocation of seats are set out in Sections 15 and 16 of the Local Government and Housing Act 1989 and Local Government Regulations 1990. |
Political Group | Two or more Councillors who notify the Head of Paid Service that they have formed a group. |
Portfolio | The responsibilities or roles allocated to a Cabinet Member by the Leader. |
Portfolio Holder | A Cabinet Member with responsibility for ensuring the effective management and delivery of a particular area of the Council’s work. |
Procedural Motions | Motions that can be moved without notice. |
Proper Officer | An officer designated in the Proper Officer in Part B of the Officer Scheme of Delegation to undertake certain functions required by law. |
Protocols | Codes of Practice which set out how, for example, various elements of the Council are expected to interact with each other |
Prudential Borrowing Limits | The maximum amount of borrowing that the Council can enter into at any one point in time during the year. |
Quorum | This is the minimum number of Councillors which need to be present at a meeting to enable the business of that meeting to be transacted. |
Recommendations | May be moved on notice at a particular meeting (often contained within a report to that meeting by an Officer or from another authority). |
Reports | Written items prepared by Officers for consideration by Councillors. |
Returning Officer | The person who is responsible for arranging and overseeing the election process and who formally announces the results. |
Rules of Procedure (Rules of Debate) | These set out how meetings of the Council, the Executive and other Committees and other bodies will be conducted. |
Scheme of Delegation | A document which sets out which powers/functions have been delegated by the Leader or Council and explains the limitation on the exercise of those powers/functions. The Schemes of Delegation may be general, which apply across the Council, or specific to Officers. |
Scrutiny Committee | Scrutiny is a role fulfilled by all Councillors who are not Members of the Executive. It is a statutory function under the Local Government Act 2000. The role of the Scrutiny Committee is to help develop policy, to carry out reviews of Council and other local services and to hold Executive and Executive Members to account for their actions and decisions. |
Second the Motion | To indicate support of a Motion proposed by another Councillor, which enables that Motion to be considered. |
A statutory appointment required under S151 of the Local Government Act 1972. Every Council must designate an Officer as responsible for the proper administration of the Council’s financial affairs. Any reference to Section 151 Officer shall include their duly appointed deputy. | |
Senior Officers | Corporate Directors and Officers who are Heads of Service. |
Standing Orders | These are the written rules of the Council which specify the terms of reference of various committees, the order of business and rules of debate etc. |
Statutory Officers | The Council is required by law to appoint Officers in certain key roles. The Statutory Officers are the Head of Paid Service, Section 151 Officer and Monitoring Officer. |
Sub-Committees | Formed by the Council, or a Committee, to carry out specific tasks with the Council, or Committee, delegating the powers (hence “sub” because the powers are taken from the Committee and cannot exceed the powers of the parent body). |
Substitute Member | Some Committees permit Group Leaders to appoint named Councillors as Substitutes to attend a meeting, when the ordinary Members are not able to attend themselves (for regulatory Committees, the substitute must have completed the required training). |
Summons | Formal notification of a meeting setting out the agenda for business it is proposed will be considered at the meeting. |
Task and Finish Groups and Working Parties | Informal meetings which may involve non Councillors and may, or may not, be open to the public. No decisions can be taken by such groups. |
Timetable of Meetings | The timetable of Meetings for the year. |
Treasury Management Strategy | The way in which the Council manages its cash, borrowing, lending and investments, and associated risks. |
Urgent Key Decisions | Key Decision that cannot wait for the next meeting of the decision making of the Executive. Such decision, if made, are certified not to be subject to Call-in. |
Urgent Motion | A motion proposed without the requisite notice accepted as urgent by the Chairman. |
Values | |
Vacancy | A vacancy (on a Committee) arises when a councillor resigns from or can no longer serve on the Committee for the normal duration of their appointment. A ‘casual’ vacancy occurs where a councillor leaves the Council or there are seats available on the Council following an election. |
Vice-Chair of Council | The Councillor appointed to deputise for the Chair. |
Vice-Chair | The person appointed to preside at meetings in the absence of the Chair. |
Virement | The movement of funds during a financial year from one area of expenditure to another. |