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You are Here: The Constitution / Constitution Part 4 / Procedure Rules 97 - 99
Procedure Rules 98 to 100

RULES OF PROCEDURE OF GENERAL EFFECT
 
98. DELEGATION OF FUNCTIONS
 
Any function to be exercised by the Chief Executive under these Rules of Procedure may also be exercised by such Directors, Heads of Business Unit or officers as he or she may specifically authorise for the purpose.
 
99. DECLARATIONS OF INTEREST
 
(1)   When any Member of the Council, the Cabinet or of any Statutory Board, Scrutiny and Review Panel or Policy Advisory Group of the Council declares a personal interest within the meaning of the Members Code of Conduct in any contract, proposed contract or other matter at a meeting of the Council, the Cabinet, Statutory Board, Scrutiny and Review Panel or Policy Advisory Group, the Member shall specify fully the nature of the interest, which shall be recorded in the minute of the meeting. All declarations made in accordance with this Procedure Rule shall be recorded in the minutes of that meeting and no further declaration shall be required at the Council meeting to which these minutes are submitted.                                                
 
(2)   If any Member has any prejudicial interest within the meaning of the Members Code of Conduct in any contract, proposed contract, or other matter, such Member shall:
 
(a) while such contract, proposed contract or other matter is under consideration by the Council or the Cabinet, withdraw from the meeting, unless dispensation has been granted to him by the Council's Standards Board or the contract, proposed contract, or other matter is under consideration by the Council as part of the report of the Cabinet and is not itself the subject of debate
 
(b) not to exercise executive functions in relation to that matter
 
(c) not to seek improperly to influence decision about the matter.
 
A Member with a Prejudicial Interest but not a financial nature may participate in meetings of the Scrutiny and Review Panels
 
[Note: It is the individual responsibility of each elected Member to decide whether an interest exists, and, where appropriate, to declare it fully. Members should pay careful regard to the Council’s Code of Conduct. The Local Ombudsman may find maladministration on the part of the whole Council, if an individual Member is in breach of the Code.  The Monitoring Officer will be happy to respond to requests for advice in individual cases.]
 
100. MATTERS OF URGENCY
 
(1) Subject to (3) below, no item of business may be considered at a meeting of the Council, a Statutory Board or Scrutiny and Review Panel unless the agenda including the item and any accompanying report(s) have been open to inspection by the public for at least three clear working days before the meeting, or at least five clear days in the case of the Cabinet and Scrutiny and Review Panels.
 
(2) Where strategic reports and other significant items containing factual and/or statistical information are being provided to Scrutiny and Review Panels, such reports should be made available well in excess of 5 working days prior to the meeting.
 
(3) An item of urgency may, however, be brought before the Council, the Cabinet, Statutory Board or Scrutiny and Review Panel with the approval of the Chair of the Council, the Cabinet, Statutory Board or Scrutiny and Review Panel provided the Chair is satisfied that there are special circumstances which justify consideration of the item

(4) Where an item is deemed to be a matter of urgency a minute specifying the special circumstances shall be included in the minutes of the meeting.
 
(5) The Access to Information Procedure Rules set out in this constitution make further provision for the Cabinet to take decisions in cases of special urgency.


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    Page Updated: 21 Nov 2006