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1.
Constitutional and Procedural Matters, etc.
:
By a resolution passed by a majority of
the Members present and voting, to -
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a)
adopt and change this
Constitution;
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b)
make, amend or revoke the Procedural
Rules set out in Annex 2 to this Constitution;
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c)
adopt or amend the Council's Member
Code of Conduct;
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d)
By a resolution passed by not less than
two-thirds of the Members present and voting to:
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e)
change the name of the area;
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f)
confer the Freedom of the Borough or
the title of Honorary Alderman.
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2.
The Policy Framework and Related
Matters
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a)
to approve the Council's Policy
Framework, except that in-year amendments are delegated to the
Cabinet, subject to such amendments being limited to matters that
are not Key Decisions under Article 13.04 of this
Constitution.
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b)
to determine each year the Council's
revenue and capital budget and Council Tax levy, except that the
determination of rents for Housing Revenue Account properties and
charges for the Council's services generally are delegated to the
Cabinet.
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c)
subject to 2(a) and (b) above and to
the urgency procedure contained in the Access to Information
Procedure Rules detailed in Annex 2.2 of this Constitution, to make
decisions about any matter in the discharge of an Cabinet function
which is covered by the Policy Framework or the Budget where the
Cabinet is minded to make it in a manner which would be contrary to
the Policy Framework or contrary to/or not wholly in accordance
with the Budget;
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d)
to adopt, amend or revoke the Members'
Allowances Scheme under Annex 4 of this Constitution;
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e)
to determine the levels and
pensionability of Councillors'
allowances;
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f)
to make, amend, revoke, re-enact or
adopt bylaws and to promote or oppose the making of local
legislation or personal Bills;
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g)
to authorise applications to the
Secretary of State for housing land transfers of housing
stock.
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3.
Appointments and Delegations, etc.
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a)
To appoint (and remove) the Leader of
the Executive;
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b)
To determine the size of the Cabinet
and appointments to it;
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c)
To determine the terms of reference,
composition and membership of other Committees, Boards and Panels
that report directly to the Council, and appointments to
them;
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d)
To adopt and approve amendments to the
powers and terms of reference of joint and area committees and to
make appointments to them;
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e)
To appoint representatives to Outside
Bodies, except where the appointment has been delegated by the
Council. See Annex 1.16
for a full list of appointments to Outside Bodies.
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f)
To make or confirm the appointment of
the Council's Statutory Officers required under Article 12.5 of
this Constitution;
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g)
To dismiss the Head of Paid Service or
other Statutory Officers.
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4.
Regulatory and Electoral Matters
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a)
To deal with resolutions of
maladministration (on receipt of a report from the Overview
Scrutiny Committee or the Monitoring Officer following a report by
the Local Government Ombudsman) in respect of those functions which
have not been delegated by the Council;
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b)
To determine the action to be taken on
any reports by the Monitoring Officer or the Chief Finance Officer
(including Section 112 and Section 114 reports);
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c)
To determine the action to be taken on
any reports by an appointed person into misconduct by the Head of
Paid Service, Monitoring Officer or Chief Finance
Officer;
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d)
To exercise the Council’s powers
and duties relating to elections and administrative arrangements,
except that-
·
the provision of advice to the Council
on policy relating to electoral matters has been delegated to the
Standards Committee;
·
certain specific functions relating to
elections have been delegated to Officers of the
Council. See Annex 1.13
for details of functions delegated to officers.
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5.
Other Matters
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a)
To determine any matters referred to
the Council for decision by a Committee, Board or Panel that
reports directly to the Council
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b)
To resolve any dispute between any of
the subsidiary bodies of the Council, if required;
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c)
To deal with all 'local choice
functions' set out in the Local Authorities (Functions and
Responsibilities) (England) Regulations 2000 [SI 2000 No.
2853], which the Council decides should be undertaken by itself
rather than by the Cabinet or a committee or Board. See Annex 1.14 of this
Constitution for the allocation of responsibilities for
‘local choice’ functions.
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d)
To deal with any other matter which
must, by law, be reserved for determination by the
Council.
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