Table 3 − Responsibility for Cabinet functions exercised by Cabinet Members

1. Who is responsible

Individual member of the Cabinet in relation to the functions set out below in 2. Function, subject to the limitations in 3. Limitation.

The Cabinet member making the decision will be the member allocated the appropriate responsibilities by the Leader, except that where that member is unable to act (whether through a conflict of interest, illness or absence) another member of the Cabinet may exercise the function on their behalf.

In case of any uncertainty as to who may act the Monitoring Officer will decide after consultation with the Leader.

2. Function

Any executive function including:

a. approval to spend budgets (including grant(s)) or supplementary credit approval, transfers between budget heads and budget monitoring;

b. agreeing annual reports;

c. monitoring performance of services.

d. approving bids for funds from external bodies

e. agreeing concordats or other similar agreements or statements of intent with other parties;

f. approving responses to consultation papers;

g. any decision required under the Contracts Procedure Rules;

h. approving the acquisition and disposal of land or property;

i. approving the making of compulsory purchase orders for the acquisition of land or property;

j. approving S106 Agreements or other similar agreements;

k. approval, amendment or rescission of orders and schemes relating to traffic management.

3. Limitation

All provisions listed in this column apply to all functions listed above in 2. Function. In all cases the decision must be consistent with the Policy Framework and corporate strategies. In addition, the following matters are not included in the delegations, namely those:

i. properly reserved to the Council as part of the Budget and Policy Framework;

ii. delegated to officers under the Scheme of Delegation to Officers or another body under a joint arrangement;

iii. which the Leader and/or the Cabinet have reserved to the Cabinet or subject to any guidance they have given;

iv. involving approval of service plans or policies for particular services;

v. involving the allocation of pooled budgets under the Health Act 1999.

The exercise of the function is also subject to:

a. the provisions of the Constitution including the Financial Procedure Rules (and financial provision being available); and the Contracts Procedure Rules;

b. consultation with other Cabinet members as appropriate;

c. the protocol on decision making approved by the Council;

d. the right of the member(s) concerned to refer the matter to the Cabinet if they so choose;

e. the matter being referred to the Cabinet where there is a dispute between the member authorised to take the decision and another Cabinet member who has been consulted under the Protocol on Decision Making.