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ITEM CC7 - ANNEX 2

COUNTY COUNCIL - 18 JUNE 2002

ADDITIONS TO THE COUNCIL’S CONSTITUTION

 

  1. Key Decisions

A decision taker may only take a key decision in accordance with the requirements of the Executive Procedure Rules and Access to Information Rules in this Constitution. Regulations define "key decision" as "an executive decision which is likely:-

    1. to result in the local authority incurring expenditure which is, or the making of savings which are, significant having regard to the local authority's budget for the service or function to which the decision relates; or

    2. to be significant in terms of its effects on communities living or working in an area comprising two or more electoral divisions in the County."

For the purpose of applying this general definition in the context of this Constitution:

    1. A decision by the Executive, a committee of the Executive, an individual Executive Member or an officer is a key decision if it is likely to result in one or more of the following:

      1. Expenditure will be incurred for a particular purpose in an amount estimated to exceed, in the case of revenue expenditure, 25% of the annual revenue budget for the relevant service block (ie that part of the Council’s total revenue budget allocated to the Executive Member for the service area concerned) or £0.5m, whichever is the less; and in the case of capital expenditure, £1m.

      2. There will be a reduction in or elimination of expenditure specified for a particular purpose in the relevant revenue budget or capital programme, in an amount which exceeds the appropriate threshold defined in A above.

      3. A service or facility which is provided or funded by the Council for the use of people living and/or working in an area comprising two or more electoral divisions, will be increased or reduced by 25% or more, in terms of (for example) capacity, frequency, or hours of operation.

      4. A service, facility or other provision will be introduced, removed or altered with effect to materially change the economic, social or environmental conditions of an estimated 25% or more of the people living and/or working in an area comprising two or more electoral divisions.

    1. A decision constitutes a key decision only if an outcome specified in (i) A-D above will result directly from that decision (including a decision to adopt or alter policy), and not (for example) where the substantive decision which will produce that outcome has been or is required to be made by the full Council in accordance with the Budget and Policy Framework Procedure Rules; or where further consideration will be required following public or other consultation or any other process or procedure before the substantive decision is made.

    2. It is the responsibility of the relevant Director, in consultation with the Executive Member(s) for the service area in question, to assess whether a decision expected to be made amounts to a key decision in accordance with (i) and (ii) above; and where a key decision is identified as a result of such assessment the Director shall immediately notify the Proper Officer to enable the decision to be entered in the Forward Plan, in accordance with the Access to Information Rules.

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