Part 2 - Articles of the Constitution

Below are the articles of the Constitution.

7.01     Responsibility for decision making

Part 3 of the Constitution records which Council body is responsible for carrying out particular functions. 

Any function that is the responsibility of the Cabinet may not be discharged by the full Council unless a proposed decision would be contrary to or not wholly in accordance with the Policy Framework or the budget.  Such a proposed decision ceases to be an executive decision and is a matter for full Council to determine.

7.02     Principles of decision making

All decisions of the Council will be made in accordance with the following principles:

7.02.1    They must be lawful;

7.02.2    They must involve a proportionate exercise of power relative to the desired outcome;

7.02.3    They should take proper account of consultation with others;

7.02.4    They should have proper regard to Officers’ advice;

7.02.5    They should respect human rights;

7.02.6    They should be made in public whenever this is appropriate and practicable;

7.02.7    Their aims and desired outcomes should be clear;

7.02.8    They should be properly reasoned and alternatives that are discounted should be identified and the reasons for their rejection explained adequately.

7.03     Decision making by the full Council in relation to its functions

The full Council will conduct its business in accordance with the Council’s Procedural Standing Orders that are set out in Part 4 of the Constitution. 

7.04     Decision making by the Cabinet in relation to its functions

The Cabinet will follow the Cabinet Procedure Rules and the Rules on Access to Information about Formal Council Business, which is set out in Part 4 of the Constitution, whenever it considers how to discharge any of its functions. 

7.05     Decision making by scrutiny committees in relation to their functions

Scrutiny Committees will follow the Scrutiny Procedure Rules set out in Part 4 of the Constitution when considering any matter. 

7.06     Decision making by Council bodies

The Council has decided that Council bodies need only comply with some of its Procedural Standing Orders, which are detailed in Part 4 of the Constitution.

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

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