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1. OPERATION OF THE CABINET

1.1 Cabinet Decision Making

The arrangements for the discharge of Executive functions may be set out in the Executive arrangements adopted by the Council. If they are not set out there, then the Leader may decide how they are to be exercised. In either case, the arrangements adopted by the Council are made by the Leader may provide the Executive functions to be discharged by:

i) the Cabinet as a whole;

ii) a committee of the Cabinet;

iii) an individual member of the Cabinet;

iv) an officer;

v) an area committee;

vi) joint arrangements; or

vii) another local authority.

1.2 This constitution provides that at the Ordinary Meeting of the Council in April:

(a) the Council will decide who will be the Leader who, by reason of their office, will be Chair of the Cabinet.

(b) the Leader will inform the Council about the composition (size/portfolios) of the Cabinet for the coming year and the names of the Members he/she has appointed to the Cabinet, including the Deputy Leader who, by reason of their office, will be the Vice-Chair of the Cabinet.

EXCEPT that in a year when there is a full election of Councillors these appointments will be made at a Special Meeting of the Council to be held in the next week following the elections.

1.3 Delegation of Cabinet Functions

(a) Where the Cabinet, a committee of the Cabinet or an individual member of the Cabinet is responsible for an Executive function, they may delegate further to an area committee, joint arrangements or an officer.

(b) Unless the Council resolves to the contrary the Cabinet may delegate further to a committee of the Cabinet or to an Officer.

(c) Unless the Council resolves to the contrary a committee of the Cabinet to whom functions have been delegated may delegate further to an officer.

(d) Even where Executive functions have been delegated, that fact does not prevent the discharge of delegated functions by the person or body who delegated.

1.4 The Council’s Scheme of Delegation and Cabinet Functions

(a) Subject to (b) below the Council’s scheme of delegation will be subject to adoption by the Council and may only be amended by the Council. It will contain the details required in Article 7 and set out in Part 3 of this Constitution.

(b) The Scheme of Delegation relating to Executive functions may, during the year, be amended providing the leader gives written notice to the Proper Officer and to the person, body or committee concerned. The notice must set out the extent of the amendment to the scheme of delegation, and whether it entails the withdrawal of delegation from any person, body or committee. The proper officer will present a report to the next ordinary meeting of the Council setting out the changes made by the Leader and seeking the agreement of the Council to implement those changes.

(c) Where the leader seeks to withdraw delegation from a committee of the Cabinet or Area Committee notice will be deemed to be served on that Committee when he or she has served it on its chair.

(d) Amendments to the Scheme of Delegation will be implemented immediately following consideration and agreement by the Council to the proposals.

1.5 Conflicts of Interest

(a) Where the Leader of the Council has a conflict of interest this should be dealt with as set out in the Council’s Code of Conduct for Members in Part 5 of this Constitution.

(b) If every member of the Cabinet has a conflict of interest this should be dealt with as set out in the Council’s Code of Conduct for Members in Part 5 of this Constitution.

(c) If the exercise of an Executive function has been delegated to a committee of the Cabinet, an individual member of the Cabinet or an officer, and should a conflict of interest arise, then the function will be exercised in the first instance by the person or body by whom the delegation was made and otherwise as set out in the Council’s Code of Conduct for Members in Part 5 of this Constitution.

1.6 Cabinet Meetings

The frequency and location of meetings are set out in the Council Procedure Rules.

1.7 Admission of The Press and PublicTo Meetings of The Cabinet

The Access to Information Rules in Part 4 of this Constitution set out the requirements covering public and private meetings. Other than the legal requirements, consideration will also be given to any principles of decision-making set out in Article 13 of this Constitution.

The Council Procedure Rules make reference to the legal requirements.

1.8 Quorum

The Council Procedure Rules provide that the quorum for meetings of the Cabinet will be 3 to include the Chair (or in his or her absence, the Vice-Chair)

1.9 How Decisions Will be Taken by the Cabinet

(a) Executive decisions that have been delegated to the Cabinet as a whole will be taken at a meeting convened in accordance with the Access to Information Rules in Part 4 of this Constitution.

(b) Where Executive decisions are delegated to a committee of the Cabinet the rules applying to Executive decisions taken by them shall be the same as those applying to those taken by the Cabinet as a whole.

(c) The Council Procedure Rules refer to the Access to Information Rules

2. CONDUCT OF MEETINGS OF THE CABINET

2.1 Presiding Over Meetings

The Leader will preside at any meeting of the Cabinet or its Committees at which he or she is present in his or her absence, then the Deputy Leader as Vice-Chair will preside. In the absence from a meeting of the Cabinet or its Committees of both the Leader and Deputy Leader then a Chair for the meeting shall be appointed from amongst those present. The Council Procedure Rules apply.

2.2 Attendance

The Access to Information Rules in Part 4 of this Constitution set out the details. The Council Procedure Rules also make provision for Members of the Council to attend meetings of the Cabinet and at the discretion of the Chair of the Cabinet, speak (but not vote) at such meetings.

2.3 Proceedings at Meetings

The business to be conducted at each meeting of the Cabinet will be in accordance with the Council Procedure Rules and will follow the order set out below:-

i Consideration of the minutes of the last meeting;

ii) Declarations of interest, if any;

iii) Matters referred to the Cabinet (whether by an Overview Panel or Scrutiny Panel or by the Council) for reconsideration by the Cabinet in accordance with the provisions contained in the Overview and Scrutiny Procedure Rules or the Budget and Policy Framework Procedure Rules set out in Part 4 of this Constitution;

iv) Consideration of reports from Overview Panels, Scrutiny Panels and Policy Advisory Groups.

v) Matters set out in the agenda for the meeting, and which shall indicate which are key decisions and which are not in accordance with the Access to Information Procedure rules set out in Part 4 of this Constitution.

2.4 Consultation

All reports to the Cabinet from any member of the Cabinet or an officer on proposals relating to the Budget and Policy Framework must contain details of the nature and extent of consultation with stakeholders and relevant Overview Panels and Scrutiny Panels and the outcome of that consultation. Reports about other matters will set out the details and outcome of consultation as appropriate. The level of consultation required will be appropriate to the nature of the matter under consideration.

2.5 Inclusion of Items On the Agenda For The Cabinet

(i) The Leader, as Chair may put on the agenda of any Cabinet meeting any matter which he or she wishes, whether or not authority has been delegated to the Cabinet, committee of it or any member or officer in respect of that matter. The Proper Officer will comply with the Leader’s request in this respect.

(ii) Any Member of the Cabinet may ask the Leader to include an item on the Agenda for the meeting of the Cabinet. The Proper Officer will comply with the requests of the Leader as to which matters are to be included on the agenda.

(iii) The Proper Officer will make sure there is a standing item on the agenda for each meeting of the Cabinet for matters referred by the Council, Overview Panels and Scrutiny Panels.

(iv) Any member of the Council may ask the Leader to put an item on the agenda of a meeting of the Cabinet for consideration and if the Leader agrees, the item will be considered at the next available meeting of the Cabinet. The notice of the meeting will give the name of the member of the Council who has asked for the item to be considered. This individual will be invited to attend the meeting, whether or not it is a public meeting.

(v) The Monitoring Officer and/or the Chief Financial Officer may include an item for consideration on the agenda of a meeting of the Cabinet and may require the Proper Officer to call such a meeting in pursuance of their statutory duties. In other circumstances where any two of the following namely the Head of Paid Service, the Chief Financial Officer and the Monitoring Officer are of the opinion that a meeting of the Cabinet needs to be called to consider a matter that requires a decision, they may jointly include an item on the agenda of a Cabinet meeting. If there is no meeting of the Cabinet soon enough to deal with the issue in question, then the person(s) entitled to include an item on the agenda may also require that a meeting be convened at which the matter will be considered.

2.6 Conflict Resolution

(i) Where the Cabinet has submitted a draft plan or strategy to the Council for its consideration and, following consideration of that draft plan or strategy, the Council has any objections to it the Council must take the action set out in paragraph (ii).

(ii) Before the Council:-

(a) amends the draft plan or strategy;

(b) approves, for the purpose of its submission to the Secretary of State or any Minister of the Crown for his approval, any plan or strategy (whether or not in the form of a draft) of which any part is required to be so submitted; or

(c) adopts (with or without modification) the plan or strategy,

it must inform the Cabinet leader of any objections which it has to the draft plan or strategy and must give to him instructions requiring the Cabinet to reconsider, in the light of those objections, the draft plan or strategy submitted to it.

(iii) Where the Council gives instructions in accordance with paragraph (ii), it must specify a period of at least five working days beginning on the day after the date on which the Cabinet leader receives the instructions on behalf of the Cabinet within which the Cabinet leader may:-

(a) submit a revision of the draft plan or strategy as amended by the Cabinet (the "revised draft plan or strategy"), with the Cabinet’s reasons for any amendments made to the draft plan or strategy, to the Council for consideration; or

(b) inform the Council of any disagreement that the Cabinet has with any of the Council’s objections and the Cabinet’s reasons for any such disagreement.

(iv) When the period specified by the authority, referred to in paragraph (iii), has expired, the Council must, when:-

(a) amending the draft plan or strategy or, if there is one, the revised draft plan or strategy;

(b) approving, for the purpose of its submission to the Secretary of State or any Minister of the Crown for his approval, any plan or strategy (whether or not in the form of a draft or revised draft) of which any part is required to be so submitted; or

(c) adopting (with or without modification) the plan or strategy,

take into account any amendments made to the draft plan or strategy that are included in any revised draft plan or strategy, the Cabinet’s reasons for those amendments, any disagreement that the Cabinet has with any of the Council’s objections and the Cabinet’s reasons for that disagreement, which the Cabinet leader submitted to the Council, or informed the Council of, within the period specified.

(v) Subject to paragraph (ix), where, before 8^{th February in any financial year, the Cabinet submits to the Council for its consideration in relation to the following financial year:-}

^{(a) estimates of the amounts to be aggregated in making a calculation (whether originally or by way of substitute) in accordance with any of sections 32 to 37 or 43 to 49, of the Local Government Finance Act 1992;}

^{(b) estimates of other amounts to be used for the purposes of such a calculation;}

^{(c) estimates of such a calculation; or}

^{(d) amounts required to be stated in precept under Chapter IV of Part I of the Local Government Finance Act 1992,}

^{and following consideration of those estimates or amounts the Council has any objections to them, it must take the action set out in paragraph (vi).}

^{(vi) Before the Council makes a calculation (whether originally or by way of substitute) in accordance with any of the sections referred to in paragraph 6(a), or issues a precept under Chapter IV of Part I of the Local Government Finance Act 1992, it must inform the Cabinet leader of any objections which it has to the Cabinet’s estimates or amounts and must give to him or her instructions requiring the Cabinet to reconsider, in the light of those objections, those estimates and amounts in accordance with the Council’s requirements.}

^{(vii) Where the Council gives instructions in accordance with paragraph (vi), it must specify a period of at least five working days beginning on the day after the date on which the Cabinet leader receives the instructions on behalf of the Cabinet within which the Cabinet leader may:-}

^{(a) submit a revision of the estimates or amounts as amended by the Cabinet ("revised estimates or amounts"), which have been reconsidered in accordance with the Council’s requirements, with the Cabinet’s reasons for any amendments made to the estimates or amounts, to the Council for consideration; or}

^{(b) inform the Council of any disagreement that the Cabinet has with any of the Council’s objections and the Cabinet’s reasons for any such disagreement.}

^{(viii) When the period specified by the Council, referred to in paragraph (vii), has expired, the Council must, when making calculations (whether originally or by way of substitute) in accordance with the sections referred to in paragraph 6(a), or issuing a precept under Chapter IV of Part I of the Local Government Finance Act 1992, take into account:-}

^{(a) any amendments to the estimates or amounts that are included in any revised estimates or amounts:}

^{(b) the Cabinet’s reasons for those amendments;}

^{(c) any disagreement that the Cabinet has with any Council’s objections; and}

^{(d) the Cabinet’s reasons for that disagreement,}

^{which the Cabinet leader submitted to the Council, or informed the Council of, within the period specified.}

(ix) Paragraphs (v) to (viii) shall not apply in relation to:-

(a) calculations or substitute calculations which an authority is required to make in accordance with section 52I, 52J, 52T or 52U of the Local Government Finance Act 1992; and

(b) amounts stated in a precept issued to give effect to calculations or substitute calculations made in accordance with section 52J or 52U of that Act.

3. CONSULTATION WITH NON-CABINET MEMBERS

3.1 Cabinet Members are required to create opportunities for non-Cabinet Members to meet with them for the purpose of asking questions and receiving information on ward and wider issues. Non-Cabinet Members should whenever possible, give the appropriate Cabinet Member prior notice of the items to be discussed.