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You are here: Home / About The Council / Council And Democracy / Constitution / Pt2

The Constitution - Part Two - Chapter 2 - Functions of the Executive

Principles of Responsibility

2.1 The principles of the Executive's responsibilities will be as follows:

a) unless a function, power or responsibility is specifically reserved to the Council or a Committee, the Executive is authorised to exercise the function or power;
b) the Executive will be responsible collectively, except where decisions are taken by individual Executive Members;
c) all decisions will be recorded; and
d) the Executive will normally be making 'key decisions'.

Powers and Duties

2.2 The powers and duties of the Executive will be to:

a) lead the preparation of the Council's policies and budgets;
b) lead the community planning process in Fareham and the achievement of Best Value;
c) implement, within the Council's overall Policy Framework, policies relating to Crime and Community Safety;
d) take decisions, within any constraints imposed by the Council, on the use of resources in order to deliver budgets, policies and services decided by the Council;
e) act as the focus for forming partnerships with other local authorities and public, private, voluntary and community sector organisations in order to address local needs; and
f) approve and adopt Supplementary Planning Guidance.

2.3 The Executive is also empowered to:

a) appoint such Committees and Sub-Committees as it deems appropriate to undertake functions within these Terms of Reference and to determine the extent of their powers;
b) delegate such of its functions as it deems appropriate to individual Members of the Executive and to officers of the Council;
c) nominate Executive members to act as spokesmen for such of its functions as it deems appropriate;
d) advise the Council on those activities and functions that should be delegated to joint committees or another local authority or which may be contracted out to any other person, authority or organisation;
e) where required by statute or by this Constitution, to consult with the Scrutiny Panels, external bodies or others, on policy and strategy proposals, prior to their implementation or the submission of those proposals to Council; and
f) consider and make decisions on reports and recommendations from its own Executive Members and Committees of the Council.

2.4 The Executive will not be responsible for:

a) those functions which legislation provides may only be discharged by the Council;
b) those functions which are the responsibility of the Council's Scrutiny Panels;
c) those matters relating to planning and development, regulatory, licensing and other activities defined in Regulation 2 of, and Schedule 1 to, the Local Authorities (Functions and Responsibilities) (England) Regulations 2000, as amended by Regulation 2 of The Local Authorities (Functions and Responsibilities)(England)(Amendment) Regulations 2001, which have been reserved to Council or delegated to the Planning Committee, Licensing and Regulatory Affairs, Audit & Governance, Appeals or other Committees appointed by the Council;
d) those matters specified in Regulations 3 and 4 of, and Schedules 2 and 3 to, the Local Authorities (Functions and Responsibilities) (England) Regulations 2000, as amended by Regulation 2 of The Local Authorities (Functions and Responsibilities) (England) (Amendment) Regulations 2001, where the final decision in respect of those matters have been reserved to Council;
e) those plans and strategies where, under the provisions of Regulation 5 of, and Schedule 4 to, the Local Authorities (Functions and Responsibilities) (England) Regulations 2000, final approval and adoption has been reserved to Council; and
f) those matters delegated to the Council's Audit & Governance Standards Sub- Committee.

Responsibility for 'local choice' functions

2.5 The Executive will undertake the following functions under the provisions of Section 13 of the Local Government Act 2000 and Regulations 3, 4 and 5 of the Local Authorities (Functions and Responsibilities) Regulations 2000:

Regulation 3 - Local Choice Functions which may (but need not) be the responsibility of the Executive

 

Regulation 4 - Functions not to be the sole responsibility of the Executive


Regulation 5 Functions – Plans and Strategies to be adopted or approved by Council

2.6 The Executive will initiate and take the lead on the preparation and management of the plans and strategies which comprise the Policy Framework and make recommendations on them to Council, subject to undertaking full consultations with the appropriate Scrutiny Panels and Committees during their preparation and the making of any amendment to them.

 

Last Updated - October 2018

 

 

 



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