Article 11 - Joint Arrangements
Back to Constitution Contents webpage
11.01 Arrangements to Promote Well-Being
The Executive, in order to promote the
economic, social or environmental well-being of its area, may:
(a) Enter into
arrangements or agreements with any person or body;
(b) Co-operate with, or
facilitate or co-ordinate the activities of, any person or body;
and
(c) Exercise on behalf of
that person or body any functions of that person or body.
11.02 Joint
Arrangements
(a) The Council may
establish joint arrangements with one or more local authorities
and/or their Executives to exercise functions, which are not
executive functions, in any of the participating authorities, or to
advise the Council thereon. Such arrangements may involve the
appointment of a Joint Committee with those other local
authorities.
(b) Nothing in (a)
above enables the Council to arrange for the discharge of any of
its functions by another local authority if, or to the extent that,
the function is also a function of the other local authority and is
the responsibility of the other local authority’s
Executive.
(c) Arrangements
made under (a) above with respect to the discharge of any of the
Council’s functions shall cease to have effect in relation to those
functions if, or to the extent that:
(i) the Council are
operating or begin to operate Executive arrangements, and those
functions become the responsibility of the Executive of the
Council; or
(ii) the authority
with whom the arrangements are made (in relation to a function
which is also a function of that authority) and that authority are
operating or begin to operate Executive arrangements, and the
function becomes the responsibility of that authority’s
Executive.
(d) Nothing in (b)
or (c) above affects arrangements made by the Council in arranging
for the discharge of functions of and by another local
authority.
(e) The Executive
may establish joint arrangements with one or more local authorities
to exercise functions which are executive functions. Such
arrangements may involve the appointment of Joint Committees with
those other local authorities.
(f) Except as set
out below, the Executive may only appoint Executive Members to a
Joint Committee, and those Members need not reflect the political
composition of the local authority as a whole.
(g) The Executive
may appoint Members to a Joint Committee from outside the Executive
in the following circumstances:
- The Joint Committee
has functions for only part of the area of the authority, and that
area is smaller than two-fifths of the authority by area or
population. In such cases, the Executive may appoint to the Joint
Committee any Councillor who is a Member for a ward which is wholly
or partly contained within the area;
- The Joint Committee
is between the County Council and Borough Council and relates to
functions of the Executive of the County Council. In such
cases, the Executive of the County Council may appoint to the Joint
Committee any Councillor who is a member for an Electoral Division
which is wholly or partly contained within the area.
- In both of these
cases the political balance requirements do not apply to such
appointments.
(h) Details of joint
arrangements including any delegations to Joint Committees and
Officers are contained in Part 3 of this Constitution.
11.03 Access to
Information
(a) The Access to
Information Procedure Rules as contained in Part 4 of this Constitution apply.
(b) If all the
Members of a Joint Committee are Members of the Executive in each
of the participating authorities then its access to information
regime is the same as that applied to the Executive.
(c) If the Joint
Committee contains Members who are not on the Executive of any
participating authority then the Access to Information Rules in
Part VA of the Local Government Act 1972 will apply.
11.04 Delegation To and From
Other Local Authorities
(a) The Council may
delegate non-executive functions to another local authority or, in
certain circumstances, the Executive of another local
authority.
(b) The Executive
may delegate executive functions to another local authority or the
Executive of another local authority in certain
circumstances.
(c) The decision as
to whether or not to accept such a delegation from another local
authority shall be reserved to the Full Council.
11.05 Contracting Out
(a) The Executive
may contract out to another body or organisation functions which
are subject to an Order under Section 70 of the Deregulation and
Contracting Out Act 1994, (functions of local authorities) to the
extent that the functions are the responsibility of the Executive
or under contracting arrangements where the contractor acts as the
Council’s agent under usual contacting principles, where there is
no delegation of the Council’s discretionary decision
making.
(b) The Executive
may revoke such an arrangement or authorisation to the extent that
the Section 70 function is an Executive function.
Next - Article 12 - Officers
This webpage was updated on
9/30/2010