Developing the budget and policy framework is a key corporate process for the Council as a whole. It sets the context within which decision making by the Cabinet and the Council takes place..

1. THE FRAMEWORK FOR CABINET DECISIONS

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

2. BOURNEMOUTH BOROUGH COUNCIL’S PROCESS FOR DEVELOPING THE FRAMEWORK

(a) The Cabinet will publicise in its forward plan 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. The chairs of Overview Panels will also be notified. The consultation period shall in each instance be not less than 8 weeks.

(b) At the end of that period, the Cabinet will then draw up firm proposals having regard to the responses to that consultation. If a relevant Overview Panel wishes to respond to the Cabinet in that consultation process then it may do so. As the Overview Panel have responsibility for fixing their own work programme, it is open to the Overview Panel to investigate, research or report in detail with policy recommendations before the end of the consultation period. The Cabinet will take any response from an Overview Panel into account in drawing up firm proposals for submission to the Council, and its report to Council will reflect the comments made by consultees and the Cabinet’s response.

(c) The Council will consider the proposals of the Cabinet and may adopt them, amend them, refer them back to the Cabinet for further consideration, or substitute its own proposals in their place. In considering the matter, the Council shall have before it the Cabinet’s proposals and any report from any Scrutiny and Review Panel.

(d) The Council’s decision will be published in accordance with Article 4 and a copy shall be given to the Leader. The notice of decision shall be dated and shall state either that the decision shall be effective immediately (if the Council accepts the Cabinet’s proposals without amendment) or (if the Cabinet’s proposals are not accepted without amendment), that the Council’s decision will become effective on the expiry of at least 5 working days after the publication of the notice of decision, unless the Leader objects to it in that period.

(e) If the Leader objects to the decision of the Council, he or she shall give written notice to the proper officer to that effect prior to the date upon which the decision is to be effective. The written notification must state the reasons for the objection. Where such notification is received, the proper officer shall convene a further meeting of the Council to reconsider its decision and the decision shall not be effective pending that meeting.

(f) The Council meeting must take place within 7 working days of the receipt of the Leader’s written objection. At the Council meeting, the decision of the Council shall be reconsidered in the light of the objection, which shall be available in writing for the Council

(g) The Council shall at that meeting make its final decision on the matter on the basis of a simply majority. The decision shall be made public in accordance with Article 4, and shall be implemented immediately.

(h) In approving the budget and policy framework any changes to the budget and policy framework are reserved to the Council.

3. DECISIONS OUTSIDE THE BUDGET OR POLICY FRAMEWORK

(a) Subject to the provisions in the Financial framework concerning virement the Cabinet, individual members of the Cabinet or any officers discharging executive functions 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 the Cabinet and individual members of the Cabinet or any officers discharging executive functions want to make such a decision, they shall take advice from the monitoring officer and/or the Council’s Section 151 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 provision in paragraph 4 (urgent decisions outside the budget and policy framework) shall apply.

4. URGENT DECISIONS OUTSIDE THE BUDGET OR POLICY FRAMEWORK

(a) The Cabinet and individual member of the Cabinet or officers discharging executive functions 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 chair of a relevant Overview Panel and the Monitoring Officer and/or the Chief Finance Officer agrees that the decision is a matter of urgency.

The reasons why it is not practical to convene a quorate meeting of the full Council together with the consent of the chair of the relevant Overview Panel to the decision being taken as a matter of urgency must be noted on the record of the decision. In the absence of the chair of an Overview Panel the consent of the Mayor and in the absence of both the Deputy Mayor will be sufficient.

(b) Following the decision, the decision taker will provide a full report to the next available Council meeting explaining the decision, the reasons for it and why the decision was treated as a matter of urgency.

5. IN-YEAR CHANGES TO POLICY FRAMEWORK

The responsibility for agreeing the budget and policy framework lies with the Council, and decisions by the Cabinet, an individual member of the Cabinet or Officers discharging executive functions 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.

(d) Which relate to policy in relation to schools, where the majority of school governing bodies agree with the proposed change.

7. CALL-IN OF DECISIONS OUTSIDE THE BUDGET OR POLICY FRAMEWORK

(a) Where a Scrutiny Panel is of the opinion that a Cabinet decision is, or if made would be, contrary to the policy framework, or contrary to or not wholly in accordance with the Council’s budget, then it shall seek advice from the monitoring officer and/or the Council’s Section 151 Officer.

(b) In respect of functions which are the responsibility of the Cabinet the monitoring officer’s report and/or the Council’s Section 151 Officer report shall be to the Cabinet with a copy to every member of the Council. Regardless of whether the decision is delegated or not, the Cabinet must meet to decide what action to take in respect of the monitoring Officer and/or the Council’s Section 151 Officer report and to prepare a report to Council in the event that the monitoring officer or the Council’s Section 151 Officer conclude that the decision was a departure, and to the Scrutiny and Review Panel if the monitoring officer or the Council’s Section 151 Officer conclude that the decision was not a departure.

(c) If the decision has yet to be made, or has been made but not yet implemented, and the advice from the monitoring officer and/or the Council’s Section 151 officer is that the decision is or would be contrary to the policy framework or contrary to or not wholly in accordance with the budget, the Scrutiny and Review Panel may refer the matter to Council. In such cases, no further action will be taken in respect of the decision or its implementation until the Council has met and considered the matter. At the meeting it will receive a report of the decision or proposals and the advice of the monitoring officer and/or the chief financial officer. The Council may either: