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Items
No. Item

Contents

Contents

1                    The Framework for Cabinet Decisions

2                    Process for Developing the Framework

3                    Decisions Outside the Budget or Policy Framework

4                    Urgent Decisions Outside the Budget or Policy Framework

5                    Virement

6                    In-Year Changes to Policies

 

 

1.

The Framework for Cabinet Decisions

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

 

 

2.

Process for Developing the Framework

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Cabinet will make recommendations to Council as to the adoption of the budget or any addition to, emission from or amendment of the policy framework (as defined in Article 4).

 

 

3.

Decisions Outside the Budget or Policy Framework

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1          Subject to the provisions of Paragraph 5 (virement) the Cabinet, a Committee of the Cabinet, an individual Member of the Cabinet and any Officers, Area Committees or Joint Arrangements discharging Cabinet functions may only take decisions which are in line with the Budget and Policy Framework where there exists an approved policy. If any of these bodies or persons wishes to make a decision which is contrary to the Policies, or contrary to or not wholly in accordance with the budget approved by the Council Meeting, then that decision may only be taken by the Council, subject to 4 below.

 

2          If the Cabinet, a Committee of the Cabinet, an individual Member of the Cabinet and any Officers, Area Committees or joint arrangements discharging Cabinet functions want to make such a decision, they shall take advice from the Monitoring Officer and/or the Chief Financial 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 to 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 provisions in Paragraph 4 (urgent decisions outside the budget and Policies) shall apply.

 

 

4.

Urgent Decisions Outside the Budget or Policy Framework

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1          The Cabinet, a Committee of the Cabinet, an individual member of the Cabinet or Officers, Area Committees or joint arrangements discharging Cabinet functions may take a decision which is contrary to the Council’s Policies or contrary to or not wholly in accordance with the budget approved by the Council Meeting if the decision is a matter of urgency.  However, the decision may only be taken:

               

a)         If it is not practical to convene a quorate meeting of the Council Meeting; and

b)         If the Chair of a relevant Overview & Scrutiny Board agrees that the decision is a matter of urgency.

2          The reasons why it is not practical to convene a quorate meeting of the Council Meeting and the Chair of the relevant Overview & Scrutiny Boards’ consent 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 a relevant Overview & Scrutiny Board the consent of the Presiding Member, will be sufficient.

 

3          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.

Virement

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1          The Council shall have the following budget heads:

·                  Business Improvement & Efficiency

·                  Community Leadership and Democracy

·                  Community Regeneration

·                  Culture, Recreation and Tourism

·                  Economic and Strategic Development

·                  Education

·                  Environment

·                  Finance

·                  Housing

·                  Social Services

 

2          Steps taken by the Cabinet, a Committee of the Cabinet, an individual Member of the Cabinet or Officers, Area Committees or joint arrangements discharging executive functions to implement Council Policy shall not exceed those budgets allocated to each budget head. However, such bodies or individuals shall be entitled to vire across budget heads up to a maximum of 5% of the Council’s net revenue budget per year in aggregate. Beyond that limit, approval to any virement across budget heads shall require the approval of the Council Meeting.

 

 

6.

In-Year Changes to Policies

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The responsibility for agreeing the budget and policy framework lies with the Council, and decisions by the Cabinet must be in line with it. No changes to any policy strategy or plan which makes up the policy framework may be made by Cabinet 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)         Which are necessary to ensure compliance with the law, ministerial direction or government guidance;

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