5. Executive
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- Executive
- Executive Leader
- Cabinet
- Key Decisions
- Meetings
- Scheme of Delegation to Cabinet
- Cabinet Members
- Champions
- Lead Members
- Scheme of Delegation to Cabinet Members
- Cabinet Committees
Executive
5.1
The functions of a local authority are divided into two broad categories: Executive and non-Executive. The Council and its committees decide non-Executive matters as described in Parts 3 and 4 of the Constitution. All other decisions are made by the Executive.
Executive Leader
5.2
Lancashire County Council operates a Leader and Cabinet model of Executive arrangements. This means that the Full Council will elect an Executive Leader from among the members of the Council. The Executive will consist of the Leader and at least two but not more than nine other members appointed by the Leader, one of whom must be appointed Deputy Leader. The Chair and Vice Chair of the Council may not be members of the Executive.
5.3
The Leader will hold office until the day of the Annual Meeting following the next election after their appointment and remains a member of the Council until that date unless:
a) They resign from the office; or
b) They are disqualified from being a county councillor; or
c) They are removed as Executive Leader by resolution of the Full Council.
5.4
In the event of the Leader being unable to discharge their duties due to absence, the Deputy Leader shall act in their place until the Leader is able to resume their duties, or the Full Council appoints a new Leader.
5.5
References to ‘the Executive’ means the Leader and Cabinet. Executive functions are exercised by the Leader, or they may delegate the authority to exercise those functions or part of those functions to:
a) The Cabinet as a whole;
b) A Cabinet committee;
c) An individual Cabinet Member;
d) An officer;
e) A Division Member to the extent that the function is exercisable in relation to their division;
f) An area committee;
g) Joint arrangements; or
h) Another local authority.
5.6
The extent of any delegation by the Leader must be recorded in the Scheme of Delegation to Cabinet and Cabinet Members or the Scheme of Delegation to Officers, as appropriate, and any amendments to the Schemes must be reported to the Full Council at its next Ordinary Meeting.
Cabinet
5.7
The Cabinet is responsible for ensuring the carrying out, within the Budget and Policy Framework set by the Full Council, of the functions of the Council in delivering services to the community. Some functions however are required by law to be carried out by the Full Council, a Council committee or a specific officer and cannot be carried out by the Cabinet.
5.8
When Key Decisions are to be made by the Cabinet, notice will be published at least 28 clear days before the date of the decision. However, it is not always possible to anticipate all Key Decisions in advance, and special arrangements apply in the Procedural Standing Orders where a matter is urgent and the decision needs to be taken without the 28 days’ notice being given.
Key Decisions
5.9
A Key Decision means an Executive decision which is likely:
a) To result in the Council incurring expenditure which is, or the making of savings which are, significant having regard to the Council's budget for the service or function which the decision relates; or
b) To be significant in terms of its effects on communities living or working in an area comprising two or more electoral divisions in the area of the Council.
The threshold for "significant" in (a) above is £2.2 million.
Meetings
5.10
The Cabinet generally meets at least once a month and shall hold such other meetings as the Leader may consider necessary. Its proceedings are governed by Section C of the Procedural Standing Orders (Cabinet and Cabinet Committees).
5.11
Meetings are open to the public but they may be excluded where information of an exempt or confidential nature is being discussed – see Access to Information Rules.
Scheme of Delegation to Cabinet
5.12
The following functions and decisions are reserved to Cabinet:
a) Collectively approve Executive (Key and non-Key) decisions.
b) Make financial commitments within the Budgetary and Policy Framework set by the Full Council and discharge the functions of the Council in delivering services to the community, including the provision of the necessary resource and support services.
c) Prepare draft proposals for the Policy Framework documents as set out in the functions of the Full Council, and in so doing consult with interested parties and the appropriate Overview and Scrutiny Committees.
d) On an annual basis, draw up of proposals for the Council's Revenue Budget, Capital Programme and Council Tax levels, and in so doing shall consult with interested parties and the appropriate Overview and Scrutiny Committees, for consideration and determination by the Full Council.
e) Make additions and amendments to the approved Revenue Budget and Capital Programme at any time provided that a source of finance has been identified and that the revenue consequences can be contained within existing budgetary provision, in line with the provisions set out in the Financial Rules.
f) Refer to the Full Council for determination all matters which, although normally reserved for the Cabinet to decide, are not in accordance with the Budget and Policy Framework adopted by the Full Council, except matters of urgency which shall be dealt with in accordance with Procedural Standing Order C22.
g) Undertake a continuing review of the Council's broad policy objectives and priorities over the whole range of its functions and to secure a continuous review and evaluation of the effectiveness of services in accordance with value for money principles, calling upon any Overview and Scrutiny Committee to assist in that process as it considers appropriate.
h) Approve and amend policies, where there is a significant impact on communities or the resources of the council, in accordance with the definition of a Key Decision as set out in paragraph 5.9. Policies relating to operational matters can be approved by officers in accordance with the Scheme of Delegation to Officers.
i) Take decisions on the withdrawal or modification of public services, where these have a significant impact on communities or the resources of the Council.
j) Approve and revise major strategies, schemes, plans, projects, placements and other new initiatives where these have a significant impact on communities or the resources of the Council.
k) Approve schemes and the making of orders which have resulted in the receipt of significant objections or adverse comments arising from local consultation procedures or the giving of Public Notices of the proposals.
l) Report to the Full Council at each scheduled meeting on the proceedings of the Cabinet. The report shall include a summary of all Key Decisions taken by the Cabinet collectively, individual Cabinet Members, Cabinet committees and officers.
m) Report to the Full Council on any matters which the Full Council or an Overview and Scrutiny Committee requests.
n) Deal with matters relating to civil protection/emergency planning arising from the Council's powers and duties under the appropriate legislation.
o) Provide formal responses to any White Paper, Green Paper or other consultations for example nationally significant infrastructure planning likely to lead to significant policy changes or impacts upon services or the interests of the County Council.
p) Consider Bills introduced into Parliament and Acts passed that significantly affect the interests of the Council and pursue any changes in the law which it feels are appropriate.
q) Make decisions in relation to significant new powers or duties arising from new legislation.
r) Make appointments to the outside organisations, committees, companies and panels whose functions relate to those exercised by the Cabinet.
s) Discharge any function under a Local Act other than a function specified or referred to in Regulation 2 or Schedule 1 to the Local Authorities (Functions and Responsibilities) (England) Regulations 2000 (as amended) and other than any other function where the power relates to the granting of a consent, licence, permission, registration or similar function.
t) Make arrangements for the determination of any appeal arising from any decision other than of the Cabinet or Cabinet Member where a right of appeal arises by virtue of any policy or statutory provision.
u) Approve the creation of new schemes for the discretionary funding of groups that further social, environmental or cultural objectives, such as voluntary and community organisations, faith groups and social enterprises.
v) Consider and respond to petitions in accordance with the Council's Petitions Scheme.
w) Make decisions to alter fees, charges, and allowances above the rate of inflation;
x) Approve the discharge of functions by an officer or by another local authority;
y) Liaise with the appropriate Executive Director or Director on a regular basis to ensure that there is no conflict over the exercise of delegated powers.
5.13
Officers shall take all decisions within their remit that have not been reserved, as set out above, to the Cabinet. Such decisions shall be taken in accordance with the Scheme of Delegation to Officers.
Cabinet Members
5.14
Only county councillors may be appointed to the Cabinet. There may be no co-opted members and no deputies or substitutes for Cabinet Members. Neither the Chair nor Vice Chair of the Council may be appointed to the Cabinet. Cabinet Members (including the Leader) may not be members of an Overview and Scrutiny Committee or of its task groups or working groups.
5.15
Cabinet Members shall hold office until:
a) They resign from office; or
b) They are suspended from being county councillor under Part III of the Local Government Act 2000 (although they may resume office at the end of the period of suspension); or
c) They are no longer county councillors; or
d) They are removed from office by the Leader who must give written notice of any removal to the Proper Officer.
5.16
All Cabinet Members have specific areas of responsibility delegated to them by the Leader, as set out in the Scheme of Delegation to Cabinet Members.
5.17
The Leader has determined that all Executive (Key and non-Key) decisions, as set out in the Scheme of Delegation to Cabinet Members below, will be considered and approved by Cabinet collectively. Where a decision is urgent and cannot await the next Cabinet meeting, the decision shall be taken by the Leader (or in their absence the Deputy Leader) and the relevant Cabinet Member, and shall be reported to the next available Cabinet meeting. All urgent decisions shall be taken in accordance with Procedural Standing Orders, Financial Rules and Procurement Rules.
Champions
5.18
The Cabinet has appointed county councillors who are not Cabinet Members to serve as champions for the following matters:
a) Champion for Older People: To assist the Leader and appropriate Cabinet Members by advising on service issues across service areas which support and encourage active, independent and healthy lives for older people.
b) Champion for Young People: To assist the Leader and appropriate Cabinet Members on efforts across service areas to provide high quality employment opportunities and apprenticeships for young people, and to encourage external organisations to do likewise.
c) Champion for Parishes: To assist the Leader and appropriate Cabinet Members by advising on ways to sustain and improve effective working relationships between the Council and parish and town councils in Lancashire.
d) Champion for Disabled People: To assist the Leader and appropriate Cabinet Members by advising on service issues which support and encourage active, independent and healthy lives for disabled people and to raise the profile of disabled people and their needs in the development of policy across the Council.
e) Champion for Armed Forces and Veterans: To assist the Leader and appropriate Cabinet Members to work with the armed forces, and organisations that support ex-servicemen and women to work even more closely together and to ensure that veterans and their families get the support they deserve.
f) Champion for Mental Health: To assist the Leader and appropriate Cabinet Members to raise awareness, to reduce the associated stigma and to support officers and partners across the county to improve prevention, engagement and treatment for mental health.
Lead Members
5.19
The Leader has appointed the following Lead Members to support the work of individual Cabinet Members:
a) Lead Member for Cultural Services and Skills;
b) Lead Member for Economic Growth and Environment;
c) Lead Member for Finance and Resources;
d) Lead Member for Health; and
e) Lead Member for Highways and Active Travel.
5.20
Whilst Lead Members will not be able to take any decisions they will:
a) Lead on specific areas to be determined by the Cabinet Member;
b) Focus on information gathering and understanding key policy/service delivery areas;
c) Assist with the development of options and policies for consideration by the Cabinet Member;
d) Brief and make recommendations to Cabinet Members and others on the relevant issues that affect the decision making; and
e) Represent or deputise for the Cabinet Member as necessary.
5.21
Lead Members may not be members of an Overview and Scrutiny Committee or of its task groups or working groups.
Scheme of Delegation to Cabinet Members
5.22
The function of determining Executive portfolios sits with the Leader and can be varied from time to time at the discretion of the Leader. Cabinet Members have been allocated the following areas of responsibility by the Leader. Ordinarily decisions in these areas of responsibility will be taken by the Cabinet collectively or by officers under the Scheme of Delegation to Officers. Any urgent decisions which cannot await the next Cabinet meeting shall be approved by the Leader (or in their absence, the Deputy Leader) and the relevant Cabinet Member.
5.23
No decision relating to services for Children and Young People as set out at section 18 of the Children Act 2004 may be taken without consultation of the Cabinet Member designated as the statutory Lead Member for Children's Services.
5.24
|
Councillor Name |
Portfolio |
Responsibilities |
|
P Williamson |
Leader |
|
|
A Vincent |
Deputy Leader and Cabinet Member for Resources, HR and Property |
|
|
P Buckley |
Cabinet Member for Community and Cultural Services |
|
|
S Turner |
Cabinet Member for Environment and Climate Change |
|
|
A Riggott |
Cabinet Member for Economic Development and Growth |
|
|
R Swarbrick |
Cabinet Member for Highways and Transport |
|
|
C Towneley |
Cabinet Member for Children and Families |
|
|
J Rear |
Cabinet Member for Education and Skills |
|
|
M Green |
Cabinet Member for Health and Wellbeing |
|
|
G Gooch |
Cabinet Member for Adult Social Care |
|
Cabinet Committees
5.25
The Cabinet has established the following committees:
Company Member Cabinet Committee
View the Terms of Reference for the Company Member Cabinet Committee.
Corporate Parenting Board
View the Terms of Reference for the Corporate Parenting Board.
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