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Part 2 - Articles of the Constitution

Below are the articles of the Constitution.

12.01    Arrangements to promote well-being

12.01.1  The Council or the Cabinet may promote the social, economic and environmental well-being of its area by:

  1. Entering into arrangements or agreements with any person or body;
  2. Co-operating with, or facilitating or co-ordinating the activities of, any person or body;
  3. Exercising on behalf of another person or body any functions that are the responsibility of that person or body.

12.02    Joint arrangements

12.02.1  The Council may establish joint arrangements with one or more Local Authorities to exercise non-Cabinet functions or to advise the Council.  These kinds of arrangement may involve the appointment of joint committees whose members may include members of other Local Authorities.

12.02.2  Where there is, or is proposed to be a consultation on a substantial development or variation to health services that extend beyond Gloucestershire, the Health Overview and Scrutiny Committee may determine:

  1. The size of any joint committee appointed for this purpose in consultation with other appropriate Authorities, which have an interest as consultees;
  2. The number of the Council’s seats on each such joint committee;
  3. Membership of the joint committee from members of the Health Overview and Scrutiny Committee;
  4. The allocation of Council seats according to political balance requirements.

12.02.3  Similarly, the Cabinet may establish joint arrangements with other Local Authorities to exercise Cabinet functions.  These kinds of arrangements may involve the appointment of joint committees whose members may include elected members of other Local Authorities.  Generally, the Cabinet may only appoint Cabinet Members to a joint committee.  The Cabinet may, however, appoint non-Cabinet members to a joint committee in the following circumstances:

  1. The joint committee has functions for only part of the area of the county and that area is smaller than two-fifths of the county by area or population. In such cases, the Cabinet may appoint to the joint committee any County Councillor who is a member for an electoral division which is wholly or partly contained within the area;
  2. The joint committee is between the Council and a single District Council and relates to functions of the Cabinet or the Council. In such cases, the Cabinet or the Council may appoint to the joint committee any County Councillor who is a member for an electoral division that is wholly or partly contained within the area.

12.02.4  The committees that are described in paragraphs 12.02.3, 1 and 2, need not be politically balanced;

12.02.5  Details of any joint arrangements, including any delegations to joint committees, will be found in Part 3 of the Constitution.

12.03    Delegation to and from other Local Authorities

12.03.1  The Council may delegate or accept the delegation of non-executive functions to or from another Local Authority or, in certain circumstances, the executive of another Local Authority;

12.03.2  The Cabinet may delegate or accept the delegation of Cabinet functions to or from another Local Authority or, in certain circumstances, the executive of another Local Authority.

12.04    Contracting out

The full Council and the Cabinet may contract out some of their functions to other organisations under the Deregulation and Contracting Out Act 1994 or under an agency agreement provided there is no delegation of the County Council’s discretionary decision making powers.

Page updated: 02/10/2020 Page updated by: Gloucestershire County Council

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