Article 7 - Executive
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Note: Article 7 has been
amended to reflect the new Executive arrangements to take effect
after the May 2011 elections (Minute No. 324/12/10 refers).
7.01 Role
The Executive will carry
out all of the Council’s functions which are not the responsibility
of any other part of the Council, whether by law or under this
Constitution.
7.02 Form and
Composition
The Executive will consist of
the Leader together with between two and nine Councillors appointed
to the Executive by the Leader. The Cabinet may be composed
of one or more parties.
7.03 Leader
The Leader will be a Councillor elected to the position of
Leader by the Council. The term of office for the Leader will
start on the day of his/her election as Leader and end on the day
of the next post Local Election Annual Meeting which follows
his/her election as Leader. The Leader will hold office
unless he/she:-
(i) resigns from the office;
(ii) is suspended from being a Member under
Part III of the Local Government Act 2000 (although he/she may
resume office at
the end of the
period of the suspension);
(iii) is no longer a Councillor (otherwise than by
expiration of office);
(iv) is removed from office by resolution of the
Council on the basis of a motion signed by five Members of the
Council and
included on the
agenda for a Council Meeting. Such motion must be given in
writing to the Proper Officer at least 14 days prior
to the relevant
meeting and shall indicate the reasons for the motion. The
motion shall take precedence over any other item of
business.
7.04 Other Executive
Members
Only Councillors may be appointed to
the Executive. There may be no co-optees, deputies or substitutes
for Executive Members. Neither the Mayor nor Deputy may be
appointed to the Executive and Members of the Executive (including
the Leader) may not be Members of the Overview and Scrutiny
Committee.
Other Executive Members are appointed by the
Leader and shall hold office until the end of the term of
office of the Leader or until they:
(a) Resign from the
office of Executive Member;
(b) Are removed from
office by the Leader;
(c) Are suspended from
being Councillors by virtue of action under Part III of the Local
Government Act 2000 (although they may
resume office at the end of the period of suspension); or
(d) Are no longer
Councillors.
7.05 Deputy Leader
The Leader will appoint one of
the Members of the Cabinet (Executive) to be his/her Deputy, to
hold office until the end of the term of office of the Leader
(unless the person resigns as Deputy Leader, ceases to be a
Councillor or is disqualified or removed from office by the
Leader). The Leader may if he/she thinks fit, remove the
Deputy Leader from office, but must then appoint another person in
his/her place.
7.06 Absent Leader
If for any reason the Leader is unable to act or the office of
Leader is vacant, the Deputy Leader must act in his/her
place. If the Deputy Leader is unable to act or the office is
vacant, the Cabinet (Executive) must act in the Leader’s place or
arrange for a Member of the Cabinet (Executive) to do so.
7.07
Removal of Leader
As referred to in 7.03 (iv) above and authorised by Section 44
(C) of the Local Government Act 2000 (as amended) provision is made
for removal of the Leader by resolution. The Act further
specifies that if the Council passes a resolution to remove the
Leader, a new Leader is to be elected:-
(i) at the
meeting at which the Leader is removed from office, or
(ii) at a subsequent
meeting.
7.08 Proceedings of the
Executive
Proceedings of the Executive shall
take place in accordance with the Executive Procedure Rules set out
in Part 4 of this Constitution.
7.09 Responsibility for
Functions
The Leader will maintain a list in
Part 3 of this
Constitution setting out which individual Members of the Executive,
Committees of the Executive, Officers or joint arrangements are
responsible for the exercise of particular Executive functions.
NB: Details of delegations to
Executive Members are contained at the foot of the individual
Executive Members Portfolio of responsibilities.
All delegations to Officers are
contained in a separate schedule in Part 3 of this Constitution.
Next - Article 8 - Regulatory And Other
Committees
This webpage was updated on
5/9/2011