Article 13 : Responsibility for Decision-Making

Article 13 RESPONSIBILITY FOR DECISION MAKING

13.1 The Council will issue and keep up to date a record of what part of the Council or individual has responsibility for particular types of decisions or decisions relating to particular areas or functions. This record is set out in Part 3 of this Constitution.

13.2 Types of decision

13.2.1 Decisions Reserved to Full Council

13.2.1.1 Decisions relating to the functions listed in Article 4 will be made by the full Council and will not be delegated

13.2.2 Key Decisions

13.2.2.1 A Key Decision, which must be included in the Forward Plan, is an Executive decision which is likely to meet one or more of the following criteria:

(a) Spending or savings of more than £500,000 are to be made by the Council on its own or in partnership with other organisations: or

(b) Major changes are anticipated in the provision and/or delivery of a Council service; or

(NOTE: Issues that have already been agreed by the Council for inclusion in its Scheme of Delegation e.g. approved Business Plans, are not expected to be referred for consideration as key decisions)

13.2.2.2 A decision taker may only make a Key Decision in accordance with the requirements of the Executive Procedure Rules set out in Part 4 of this Constitution.

13.3 Decision making by the Full Council

The Council meeting will follow the Council Procedure Rules set out in Part 4 of the Constitution when considering any matter.

13.4 Decision making by the Cabinet

The Cabinet will follow the Executive Procedure Rules set out in Part 4 of the Constitution when considering any matter.

13.5 Decision making by Overview Panels and Scrutiny Panels

Overview Panels and Scrutiny Panels will follow the Overview and Scrutiny Procedure Rules set out in Part 4 of the Constitution when considering any matter.

13.6 Decision making by other Boards and Panels established by the Council

Other Council Boards and Panels will follow those parts of the Council Procedure Rules set out in Part 4 of the Constitution as apply to them

13.7 Decision making by Council bodies acting as Tribunals

The Council, a Councillor or an officer acting as a tribunal or in a quasi-judicial manner or determining/considering (other than for the purposes of giving advice) the civil rights and obligations or the criminal responsibility of any person will follow a proper procedure which accords to the requirements of natural justice and the right to a fair trial contained in Article 6 of the European Convention on Human Rights.

13.8 Principles of decision-making

All decisions of the Council will be made in accordance with the following principles:

13.8.1 Proportionality (i.e. the action must be proportionate to the desired outcome);

13.8.2 Due consultation and the taking of professional advice from officers, particularly financial probity and legality;

13.8.3 Due adherence to Human Rights;

13.8.4 Presumption in favour of openness;

13.8.5 Clarity of aims and desired outcomes; and

13.8.6 The requirement to provide reasons for decisions of the Cabinet.

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