Issue - meetings

Under the provisions of section 7 of the Local Government Act 1972 (as amended), all the existing County Councillors will retire together on the fourth day following the elections (i.e. on 9 May 2017) and the newly elected and re-elected Councillors will take office from that day. All positions under the Council's political management arrangements except for the Chairman and Vice-Chairman of the Council and the Leader (for each of which there is a specific statutory exemption) fall vacant on that day, until they are filled at the first meeting of the County Council on 16 May 2017. In terms of formal member decision making there will therefore be a hiatus during this period and some provision will need to be made in the event that any urgent decisions are required.

Under the Constitution the Chief Executive has delegated power to take any Executive or non-Executive decision after consultation with the appropriate Director and following consultation with the Leader and Deputy Leader of the Council or (in the case of non-executive functions) the relevant Committee Chairman and Deputy Chairman. As these positions will not be confirmed until 16 May 2017 this delegation will need to be temporarily varied so that these powers can be exercised following consultation with the Chairman and Vice-Chairman of the Council and the Leader.

The Council is therefore RECOMMENDED to agree a temporary variation to Part 7.2 of the Constitution Specific Powers and Functions of Particular Officers with effect that from 9 May to 16 May 2017 paragraph 6.3 (c) is to be read as follows:-

“(c) Any function of the Cabinet or of a Council committee or sub-committee, after consultation with the appropriate Director and thereafter with the Chairman and Vice-Chairman of the Council and the Leader, as appropriate.”

Recommendations Agreed nem con

Under the provisions of section 7 of the Local Government Act 1972 (as amended), all the existing County Councillors would retire together on the fourth day following the elections (i.e. on 9 May 2017) and the newly elected and re-elected Councillors would take office from that day. All positions under the Council's political management arrangements except for the Chairman and Vice-Chairman of the Council and the Leader (for each of which there was a specific statutory exemption) fall vacant on that day, until they were filled at the first meeting of the County Council on 16 May 2017. In terms of formal member decision making there would therefore be a hiatus during this period and some provision would need to be made in the event that any urgent decisions are required.

Under the Constitution the Chief Executive had delegated power to take any Executive or non-Executive decision after consultation with the appropriate Director and following consultation with the Leader and Deputy Leader of the Council or (in the case of non-executive functions) the relevant Committee Chairman and Deputy Chairman. As these positions would not be confirmed until 16 May 2017 this delegation would need to be temporarily varied so that these powers could be exercised following consultation with the Chairman and Vice-Chairman of the Council and the Leader.

RESOLVED: (on a motion by Councillor Waine seconded by Councillor Patrick and carried nem con) to agree a temporary variation to Part 7.2 of the Constitution Specific Powers and Functions of Particular Officers with effect that from 9 May to 16 May 2017 paragraph 6.3 (c) is to be read as follows:-

“(c) Any function of the Cabinet or of a Council committee or sub-committee, after consultation with the appropriate Director and thereafter with the Chairman and Vice-Chairman of the Council and the Leader, as appropriate.”