Scheme of Delegations to Portfolio Holders

Committee:	EXECUTIVE

Date:	12 MARCH 2002

Title:	SCHEME OF PORTFOLIOS AND DELEGATION TO PORTFOLIO HOLDERS

	THE LEADER OF THE COUNCIL

Under the Modernising banner the Local Government Act 2000 now allows for delegation to individual members. This is a radical departure from the previous legislation which only allowed delegation to a Committee or an officer.

However regulations under this Act have determined various principles within which such delegation must work.

1. If a decision is delegated to a Portfolio holder then a report has to be prepared to include the information that would normally be included in a report to the Executive (including background papers etc) although it can be a confidential report within the existing legislation.

2. All decisions taken by the Portfolio holder under delegated powers have to be recorded and published as soon as reasonably practicable after the decision has been taken.

The above are already covered in Category D of the “Protocol on the Council’s Decision Making Process”. This further requires that the report referred to above be available at least 3 days before the decisions; that such decisions are subject to the call in procedure; and that copies of any decisions must feature on the agenda of the next meeting of the Executive.

A range of options have been considered and the attached scheme (Appendix 1) has been developed that reflects the modernising agenda ethos of accountability and openness. The process to be followed before any decision of a portfolio holder can be implemented closely follows the way that the Executive currently operates.

That Council be recommended to approve the attached (Appendix 1) scheme for portfolios and delegation to portfolio holders and that the Council’s Constitution be amended accordingly.

M J A FISHER

Strategic Director
Corporate and Environment Services

S SMART

Leader of the Council

1. The Council has agreed that the portfolio holders appointed to the relevant positions will have responsibility for the following areas:

Chairman of the Executive and to oversee preparation of business for its consideration.

To indicate to Strategic Directors the priorities and programmes of the Executive, and their likely reaction to new policies or projects.

To be the principal spokesperson for the Council at all internal and external meetings.

All matters relating to Economic Development, the Council=s role in Europe and relations with regional bodies.

All matters relating to Town and Country Planning Policy, Agenda 21 and countryside management.

2. By their very nature, the portfolios cut across the various functions of the Council and therefore in cases of uncertainty as to which portfolio holder is responsible, the Leader of the Council shall determine the appropriate portfolio holder.

3. Portfolio holders can make any decision within their remit which is within the Policy Framework or the approved budget.

a. A Key Decision unless advance notice of the proposed decision has been included in the Forward Plan or the urgency provision have been invoked;

b. A decision that has been specifically reserved to the Council, the Executive, Regulatory Committees or delegated to Officers.

5. If the Portfolio Holder wishes to take a decision contrary to the advice of the relevant Strategic Director then the Portfolio Holder must refer the issue to the Executive for a decision.

6. If the Portfolio Holder considers that any decision they are being asked to take is likely to be sensitive or controversial, then they have the discretion to refer the decision to the Executive for consideration.

7. When the Portfolio Holder is making a decision the following process must be followed:

a. A report must be prepared based on the normal pro-forma (identical to the style of reports to the Executive) and the authoring officer must ensure that all relevant headings have been completed in consultation with the appropriate officers.

b. The report must then be agreed with the Portfolio Holder before any further action is taken on it.

c. A list of the proposed decisions that the Portfolio Holder is due to take must be sent to Committee Services by Wednesday of the week before the day of that the proposed decision is be made. This list, and the date that the decisions are due to be made, will be circulated to all members via the Bulletin.

d. Any member of the Council who wishes to express a view about the proposed decision to the Portfolio Holder must convey that view in writing to Committee Services within a period of 3 working days.

e The Portfolio Holder, accompanied by a Committee Administrator, will then consider the report in the company of any relevant officer that the Portfolio Holder considers appropriate.

f. The Committee Administrator shall record the decision, record the reason for the decisions, detail any alternative options considered, record any conflicts of interests (and if necessary any relevant dispensations which have been granted).

g. The record of the decision shall be circulated to all members via the Members Bulletin and shall be subject to the usual call in arrangements. The decision shall not be effective until after the call in period.

h. The Members Bulletin is circulated on Thursdays and it will include any decisions made up to the previous Wednesday.

i. The Committee Administrator shall record all the decisions in the appropriate format in the book kept for this process that shall be open to public inspection.

j. On the agenda for each meeting of the Executive there shall be an opportunity for questions to be put to any Portfolio Holder on any decisions that they have taken since the last meeting.