Article 13 - Decision Making
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13.01 Responsibility For Decision Making
The Council will issue and keep up to date a record of
what part of the Council or individual has responsibility for
particular types of decisions or decisions relating to particular
areas or functions. This record is contained in Part
3 of this Constitution.
13.02 Principles of Decision
Making
All decisions of the Council will be
made in accordance with the following principles:
(a) Proportionality (i.e.
the action must be proportionate to the desired outcome);
(b) Due consultation and
the taking of professional advice from Officers;
(c) Respect for Human
Rights (see below for further details);
(d) A presumption in
favour of openness; and
(e) Clarity of aims and
desired outcomes.
(f) The record of
decisions will include details of the options considered and the
reasons for the decision.
13.03 Types of
Decision
(a)
Decisions Reserved to Full Council.
Decisions relating to the functions listed in Article 4.02
and Part 3 of this Constitution will be made by the Full Council
and not delegated.
(b) Key Decisions
(i) A ‘Key Decision’ is an
Executive decision which is likely to:
- Result in the
Council incurring expenditure which is, or the making of savings
which are, significant having regard to the Council’s budget for
the service or function to which the decision relates;
or
- Be significant in
terms of its effects on communities living or working in an area
comprising two or more wards of the Council’s area.
-
In accordance with Section 38 of the Local
Government Act 2000, in determining the meaning of “significant”
for the purposes of the above, regard shall be had to any guidance
for the time being issued by the Secretary of State.
(ii) A decision
taker may only make a ‘Key Decision’ in accordance with the
requirements of the Executive Procedure Rules as contained
in Part 4 of this Constitution.
13.04 Decision Making by the
Full Council
Subject to Article 13.08, the
Full Council will follow the Council Procedure Rules as contained
in Part 4 of this Constitution when considering any
matter.
13.05 Decision Making by the
Executive
Subject to Article 13.08, the
Executive will follow the Executive Procedure Rules as contained in
Part 4 of this Constitution when considering any
matter.
13.06 Decision Making by
Overview and Scrutiny Committee
The Overview and Scrutiny
Committee will follow the Overview and Scrutiny Procedure Rules as
contained in Part 4 of this Constitution when considering any
matter.
13.07 Decision Making by
other Committees and Sub-Committees Established by the
Council
Subject to Article 13.08, other
Council Committees and Sub-Committees will follow those parts of
the Council Procedure Rules as contained in Part 4 of
this Constitution as apply to them.
13.08 Decision Making by
Council Bodies Acting as Tribunals
The Council, a Councillor or an Officer acting
as a ‘Tribunal’ or in a quasi judicial manner or
determining/considering (other than for the purposes of giving
advice) the civil rights and obligations or the criminal
responsibility of any person will follow a proper procedure which
accords with the requirements of natural justice and the right to a
fair trial contained in Article 6 of the European Convention on
Human Rights.
Next - Article 14 - Finance, Contracts and Legal
Matters
This webpage was updated on
9/30/2010