Article 7 THE CABINET
7.1 The role of the Cabinet
The Cabinet will carry out all the Council’s functions that are not the responsibility of any other part of the Council whether by law or under the Constitution.
7.2 Form and composition
The Cabinet will consist of up to ten but no fewer than three Executive Councillors and include the Council Leader acting as Cabinet Chair and the Deputy Leader. The full Council will appoint the Leader on an annual basis at its ordinary meeting in April. (Except that in a year where there is a full election of Councillors this appointment will be made at a Special meeting of the Council to be held in the next week following the elections). The Leader will appoint the remaining Cabinet Members.
The Council will not subsequently alter the holder of the position of Leader unless any of the circumstances in the following paragraphs (‘Leader’) applies.
7.3 Leader
The Leader will be a Borough Councillor elected to the position of Leader at the ordinary meeting of the Council in April each year. (Except that in a year where there is a full election of Councillors this appointment will be made at a Special meeting of the Council to be held in the next week following the elections).
The Leader will hold office until:
7.3.1 He or she resigns from the office; or
7.3.2 He or she is suspended from being a Councillor under Part III of the Local Government Act 2000 (although he/she may resume office at the end of the period of suspension); or
7.3.3 He or she is no longer a Councillor; or
7.3.4 Where in the Council’s view the Leader is unable to fulfil his or her normal duties for a period in excess of three months the Council shall either remove him or her from office and appoint a new Leader or appoint a Councillor to act as Leader on a temporary basis; or
7.3.5 Where the Council resolves to remove him or her from office between annual meetings.
7.4 Deputy Leader and other Cabinet members
The Deputy Leader and other Cabinet members shall be appointed by the Leader following his appointment at the ordinary meeting of the Council in April each year (Except that in a year where there is a full election of Councillors these appointments will be made by the Leader at a Special meeting of the Council to be held in the next week following the elections).
The Deputy Leader and other Cabinet members shall hold office until:
7.4.1 They resign from the office (individually or collectively); or
7.4.2 They are suspended (individually or collectively from being a Councillor under Part III of the Local Government Act 2000 (although they may resume office at the end of the period of suspension); or
7.4.3 They are no longer Councillors (individually or collectively; or
7.4.4 Where in the Leader’s view the Cabinet member is unable to fulfil his or her normal duties for a period in excess of three months the Leader shall either remove him or her from office and appoint a new Cabinet member or appoint a Councillor to act as a Cabinet member on a temporary basis.
7.5 Proceedings of the Cabinet
Proceedings of the Cabinet shall take place in accordance with the Council Procedure Rules as supplemented by the Executive Procedure Rules set out in Part 4 of the Constitution.
7.6 Responsibility for functions
The Council will maintain a list in Part 3 of this Constitution setting out which matters the Cabinet, individual members of the Cabinet or officers or joint arrangements are responsible for the exercise of particular Executive functions.
The Cabinet will publish a Forward Plan for at least the next four months in advance showing the timetable for preparing, consulting and submitting draft Plans to the Council for consideration and adoption. The Plan will be updated at the first meeting of the Cabinet each month.
7.7 Terms of reference and membership of the Cabinet
Terms of Reference
7.7.1 To recommend to the Council any changes to the Constitution - including Council Procedure Rules, financial Framework/Regulations and the scheme of delegation for Cabinet functions (in consultation with the statutory Standards Panel on ethical matters and issues of probity).
7.7.2 The continuous improvement of local democracy and meeting requirements of the Local Government Act 2000 for involving the Public and Partners in key decisions through effective communication and consultation.
7.7.3 To lead the Council’s initial response to matters that do not accord with its Constitution, budget or delegation scheme e.g. new national issues and statutory requirements.
7.7.4 Matters as set out in the schedule of Local Choice Functions
7.7.5 Reviewing Cabinet portfolios and Council spokesperson roles to ensure that these cover all key Council strategies, plans and policies.
7.7.6 To lead the prioritising of the Council’s key strategies, plans, policies, budgets and the allocation of other corporate resources including land, property, human resources and information technology.
7.7.7 To oversee the formulation and to recommend to the full Council approval of the overall financial strategy (including capital and long/short-term budgets) for funding the Council’s key strategies, plans and policies.
7.7.8 To lead development of the Bournemouth Partnership/Local Strategic Partnership and its role in achieving the Bournemouth Community Plan.
7.7.9 To lead the review and development of all key Council strategies, plans, policies and budgets including the annual Best Value Performance Plan for continuous improvement of Council services and the Best Value Performance Plan Indicators.
7.7.10 To be involved in the process for the appointment of the Council’s Chief Executive or Head of Paid Service.
7.7.11 To recommend to full Council approval of the annual statement of accounts.
7.7.12 Ensuring that the Council’s key strategies, plans and policies are achieved through annual service plans which take into account the conduct of Best Value Service Reviews and their outcome, other key statutory service requirements, relevant national and local performance indicators, service priorities, service levels and service budgets.
7.7.13 Applying Best Value principles throughout the Council.
7.7.14 Adopting Best Value Service Review Action Plans.
7.7.15 Monitoring quarterly Best Value Performance Indicator results.
7.7.16 Setting the Best Value Service Review Programme.
7.7.17 Appointing Members to Best Value Service Review Boards.
7.7.18 Approving Scoping reports for Best Value Service Reviews.
7.7.19 Receiving Best Value Inspectors’ reports and approving any resulting amendments to Best Value Action Plans.
7.7.20 Overall responsibility for ensuring that Business Plans are prepared, updated and achieved in accordance with agreed Corporate Guidance, the Financial Framework and the Scheme of Delegation.
7.7.21 Reviewing corporate structures, planning processes and management information systems to support the continuous improvement and effective scrutiny of all Council services.
7.7.22 Approving the terms of reference, membership and reporting arrangements of Policy Advisory Groups.
7.7.23 To oversee the Council’s Forward Plan for Key Decisions
7.7.24 To authorise the making of Compulsory Purchase Orders
7.7.25 Discharging the powers and duties of the Council in relation to:
Magistrates’ Courts
The Probation Service
The Police Authority
The Fire Authority
7.7.26 Except for those powers delegated to quasi-judicial or statutory boards:
the powers and duties of the Council in relation to:
Museums
Data Protection
Emergency Planning
Food Safety
Trading Standards and Animal Welfare
Libraries
The Arts Charities
HM Coroner
Civil Registration Service.
the powers and duties of the Council as Local Education Authority;
the powers and duties of the Council as Local Social Services Authority;
The powers and duties of the Council as shareholder of Bournemouth Transport Limited;
The powers and duties of the Council under the Housing and Related Acts.
The powers and duties of the Council
as Local Planning Authority
as Highway Authority
as Waste Disposal Authority
as Public Transport Authority
as Traffic Authority
and in relation to:
·
Economic Development
Coast Protection
School Crossing Patrols
Countryside, recreational
and sporting facilities
Building and Environment
Conservation
Pollution
Pest control
Civic procedures
Management and maintenance
of council dwellings
Burial grounds, crematorium
and mortuary)
Personnel
Asset Management
Tourism
Land Drainage
Agriculture
Archaeology
Public Health
Disease/Infection control
Bournemouth Lottery
BIC/Pavilion
Granting of Discretionary Rate Relief
Corporate Governance
Membership
The Leader of the Council plus up to nine but no fewer than two other Councillors including the Deputy Leader of the Council not being members of Overview Panels, Scrutiny Panels or the Statutory Boards nor the Mayor or Deputy Mayor.
The membership of the Cabinet also includes Sir George Meyrick as a co-opted representative with voting rights on matters relating to the Russell Cotes Art Gallery and Museum.
