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. |