Part 2 - Articles of the Constitution
Below are the articles of the Constitution.
- Article 1 - The Constitution
- Article 2 - Members of the County Council
- Article 3 - The public and the County Council
- Article 4 – The Full Council
- Article 5 – Chair of the Council
- Article 6 – The Cabinet
- Article 7 – Decision making
- Article 8 - Scrutiny of decisions
- Article 9 – Audit and Governance Committee
- Article 10 - Regulatory and other Committees
- Article 11 - Area committees
- Article 12 - Joint arrangements
- Article 13 - Officers
- Article 14 - Finance, contracts and legal matters
- Article 15 - Review and revision of the Constitution
- Article 16 - Suspension, interpretation and publication of the Constitution
6.01 The role of the Leader
The Leader of the Council is responsible for allocating all functions, which, by law or this Constitution, are not required to be the responsibility of the Council or any other part of the Council.
6.02 The composition of the Cabinet
6.02.1 The Cabinet is made up of the Leader of the Council (who must be a County Councillor) and up to nine other County Councillors. Full Council is responsible for appointing the Leader of the Council (who leads the Cabinet) at the Annual Meeting of the Council following a regular election or, if the Council fails to elect a Leader at that post election annual meeting, at a subsequent meeting of the Council. The Leader of the Council is responsible for determining the number of other Members of the Cabinet, which shall be between two and nine, also for appointing them and allocating portfolios to those appointees. If a vacancy shall occur in the membership of the Cabinet, a replacement may be appointed by the Leader;
6.02.2 There may be no co-optees, deputies or substitutes for Members of the Cabinet.
6.03 The Leader of the County Council
The term of office of the Leader will start on the day of their election as Leader and end on the day of the next post election annual meeting unless:
6.03.1 They are removed from office by a simple resolution of the full Council at an earlier date or
6.03.2 They resign from office; or
6.03.3 They cease to be a County Councillor.
If the Council passes a resolution to remove the Leader, a new Leader shall be elected at the meeting at which the Leader is removed from office or at a subsequent meeting.
6.04 Deputy Leader
6.04.1 The Leader shall appoint one of the Members of the Cabinet to be their deputy, to hold office until the end of the term of office of the Leader unless they resign as Deputy Leader or cease to be a Member of the Council or is removed from office by the Leader under the following provision;
6.04.2 The Leader may, if they think fit, remove the Deputy Leader from office and must then appoint another Member of the Cabinet in their place;
6.04.3 If for any reason the Leader is unable to act or the office of Leader is vacant, the Deputy Leader must act in their place.
6.05 Other Cabinet Members
6.05.1 Only County Councillors may be appointed to the Cabinet but neither the Chair nor Vice Chair of the Council may be Members of the Cabinet. Cabinet Members hold office on the same terms as the Leader of the Council, which are set out in Article 6.03;
6.05.2 The Leader may, if they think fit, remove a Cabinet Member from office.
6.05.3 Members of the Cabinet may not be members of a Scrutiny Committee.
6.06 Proceedings of the Cabinet
Meetings of the Cabinet will be conducted in accordance with the Cabinet Procedure Rules that are described in Part 4 of the Constitution.
6.07 Responsibility for functions
Cabinet Members have responsibility for leading particular areas of the Cabinet’s work. These responsibilities are determined by the Leader and are set out in Part 3 of the Constitution.
6.08 Delegation to individual Members of the Cabinet
The Scheme of Delegation determined by the Leader and set out in Part 3 of the Constitution, delegates certain functions to Members of the Cabinet. Cabinet functions may be exercised by the Cabinet, a Cabinet Committee, a Cabinet Member, Officers, an area committee or by joint committees with other Local Authorities.
6.09 Appointments to outside bodies
6.09.1 The Council is one of a number of organisations that enter into partnerships with other public sector and with private sector organisations. It is represented on such partnership bodies by County Councillors and Officers, who must be formally appointed to them. The appointments process is what is called a “local choice function”, which means that it may be exercised by the Cabinet or the full Council;
6.09.2 In line with the Secretary of State’s advice, the Cabinet will make appointments to those bodies with functions, which are its responsibility. Other appointments will be made by or on behalf of the full Council. A list of all appointments to outside bodies will be maintained by the Head of Democratic Services.