Part 3 - Responsibility for functions

Below are the responsibility for functions.

Introduction

The Local Government Act 2000 and regulations made under the Act, distribute responsibility for the Council’s functions between the full Council and the Executive (which is known as the “Cabinet”). The law therefore specifies certain Council functions and by whom decisions in respect of those functions may or may not be taken. Any functions not specified by the law are the responsibility of the Cabinet. The allocation of functions within this Constitution is intended to reflect the law but in the event of any conflict, the law shall prevail.

The volume of the Council’s business makes it quite impracticable for the full Council of 53 Members to make every decision that lies within its remit. The full Council has therefore delegated certain of its functions to other “Council bodies”, which are known as “Committees”. Under the law, the full Council and the Cabinet may also delegate power to Officers, Cabinet Members and Joint Committees to make decisions that they could make. The distribution of these powers to Officers and Cabinet Members is set out in what is known as the “Scheme of Delegation”, which is set out in Sections 4, 5 and 6 of Part 3 of the Constitution.

The dispersal of responsibility for making decisions is necessary because it assists the effective and efficient administration of local government. The Council, however, recognises that those who exercise power on behalf of the Council ought to be accountable for the decisions that they make. This part of the Constitution describes the powers that may be exercised by the full Council, the Cabinet and other Council bodies, and sets out the scheme of delegation of those functions. From this, the public may discover who may make decisions about various matters.

Page updated: 13/07/2021 Page updated by: Gloucestershire County Council

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