BUDGET AND POLICY FRAMEWORK

The full Council will be responsible for adopting or approving the following plans and strategies:

i

Best Value Performance Plan;

Children's Services Plan;

Community Care Plan;

Economic Development Policy

Community Strategy;

Crime and Disorder Reduction Strategy;

Unitary Development Plan;

Early Years Development Plan;

iix

Education Development Plan;

Youth Justice Plan;

x

Local Transport Plan;

Housing Investment Plan;

Local Agenda 21;

Lifelong Learning Development Plan;

xiv

Quality Protects Management Action Plan.

The Council's Corporate Plan.

The Tourism Development Plan

The Housing Strategy

The budget is defined as

(i)

The identification and allocation of financial resources by the Full Council, including:

(ii)

Any limitations to, conditions on or rules governing the management of budgets, virement between budgets, treatment of under spends, windfall income or reserves contained within the Financial Procedure Rules

The Full Council is responsible for the adoption of its budget and policy framework as set out in Article 4. Once or to the extent that a budget or a policy framework is in place, it will be the responsibility of the Cabinet to implement it

(a)

The Cabinet will publicise by including in the forward plan and any other appropriate means depending upon the circumstances a timetable for making proposals to the Council for the adoption of any plan, strategy or budget that forms part of the budget and policy framework and its arrangements for consultation after publication of those initial proposals

(b)

Following consultation (including policy debates by Full Council where relevant) the Cabinet will then draw up firm proposals having regard to the responses to that consultation. The Cabinet will take any response from a Commission or the Scrutiny Committee into account in drawing up proposals for submission to the Council, and its report to the Council will reflect the comments made by consultees and the Cabinet response.

(c)

Once the Cabinet has considered the proposals these will then be referred to the Council, at the earliest opportunity, for decision.

(d)

In reaching a decision, the Full Council may adopt the Cabinet’s proposals, amend them, refer them back to the Cabinet for further consideration, or indicate that it wishes to substitute its own proposals in their place

(e)

If it accepts the recommendation of the Cabinet without amendment or is formally setting the Council Tax base or the Budget or Council Tax levels for a financial year, the Council may make a decision which has immediate effect. Otherwise, it may only make an in-principle decision.

(f)

The decision will be published in accordance with Article 11 and a copy shall be given to the Leader and members of the Cabinet.

(g)

An in-principle decision in relation to the budget, plan or strategy will automatically become effective 5 working days from the date of Proper Officer the Council's decision, unless the Leader informs the Proper Officer in writing, within 5 working days that he/she objects to the decision becoming effective and provides reasons why. The Leader may also decide to call a special meeting of the Cabinet to discuss the issue.

(h)

Upon receiving written notification from the Leader, the Proper Officer will make arrangements to call a Council meeting within a further 7 working days. The Council will be required to re-consider its decision and the Leader's written submission within 14 working days. The Council may:

(i)

Approve the Cabinet recommendation; or

(ii)

Approve a different decision which does not accord with the recommendation of the Cabinet.

The decision shall then be made public in accordance with Article 11, and shall be implemented immediately.

3.

(a)

Subject to the provisions of paragraph 5 (virement) the Cabinet or individual Cabinet Members may only take decisions which are in line with the budget and policy framework. If any of these bodies or persons wishes to make a decision which is contrary to the policy framework, or contrary to or not wholly in accordance with the budget approved by full Council, then that decision may only be taken by the Council, subject to 4 below.

(b)

If they want to make such a decision, they shall take advice from the Monitoring Officer and/or the Chief Financial Officer as to whether the decision they want to make would be contrary to the policy framework, or contrary to or not wholly in accordance with the budget. If the advice of either of those officers is that the decision would not be in line with the existing budget and/or policy framework, then the decision must be referred by that body or person to the Council for decision, unless the decision is a matter of urgency, in which case the provisions in paragraph 4 (urgent decisions outside the budget and policy framework) shall apply.

(a)

The Cabinet or an individual member of the Cabinet may take a decision which is contrary to the Council's policy framework or contrary to or not wholly in accordance with the budget approved by full Council if the decision is a matter of urgency. However, the decision may only be taken

(i)

if it is not practical to convene a quorate meeting of the full Council; and

(ii)

if the Chairman of the Scrutiny Committee agrees that the decision is a matter of urgency

(b)

(c)

There are detailed provisions concerning virement across budget heads and these are set out in the Council's Financial Regulations

The responsibility for agreeing the budget and policy framework lies with the Council, and decisions by the Cabinet or an individual member of the Cabinet must be in line with it. No changes to any policy and strategy which make up the policy framework may be made by those bodies or individuals except those changes.

(a)

which will result in the closure or discontinuance of a service or part of service to meet a budgetary constraint;

(b)

necessary to ensure compliance with the law, ministerial direction or government guidance;

(c)

in relation to the policy framework in respect of a policy which would normally be agreed annually by the Council following consultation, but where the existing policy document is silent on the matter under consideration.

(a)

A decision outside of the Budget or Policy Framework (and not taken in accordance with the urgency provisions) is potentially unlawful.

(b)

Where the Scrutiny Committee is determining a call-in and is advised that a decision would be, or was, by the Chief Financial Officer and/or the Monitoring Officer, that a decision would be, or was, outside of the budget or policy framework it may.

(i)

Refer the decision back to the decision maker for reconsideration, or

(ii)

Refer the advice to the Full Council with a recommendation that the Budget and/or Policy Framework is amended.

(c)

Until such time as further advice is given that the decision now falls within the Budget and Policy Framework the decision shall not be implemented.