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4.1. General reservation of powers to the city council

(11/2019)

Decisions on any of the following matters are reserved to the city council –

1. Setting the level of council tax or other form(s) of local taxation, and approving the budget (including the housing revenue account);

2. Adopting material changes to the constitution (including standing orders);

3. Unless otherwise provided, the appointment, powers, duties and composition of the Cabinet, Panels, and committees;

4. Agreeing and adopting the following plans and strategies (the Policy Framework):

  • a) as required by the Local Authorities (Functions and Responsibilities) (England) Regulations 2000 (as amended) and regulations under section 32 of the Local Government Act 2000 –
  • i. Annual Libraries Update Report;
  • ii. Best value performance plan;
  • iii. Children’s and young people’s plan*;
  • iv. Community strategy;
  • v. Crime and disorder reduction strategy;
  • vi. Local transport plan;
  • vii. Plans and strategies which together comprise the Town and Country Planning development plan;
  • viii. Youth justice plan.

* This includes the education of children in the public care, education development plan, early years development plan, childcare plan and school organisation plan

  • b) other plans and strategies which the council has decided should be adopted by the council meeting as a matter of local choice –
  • i. Integrated health development strategy
  • ii. City cultural strategy
  • iii. City leisure strategy
  • iv. Directorate business plans
  • v. Education inclusion policy and strategy
  • vi. Lifelong learning development plan
  • vii. Community sustainability strategy
  • viii. Social services delivery and improvement statement
  • ix. Strategy for promoting or improving economic, social and environmental well-being
  • x. Statement of licensing policy
  • xi. Any other plan or strategy agreed to be adopted by the council as a matter of local choice.
  • xii. Food service plan
  • xiii. The plan and strategy which comprise the housing investment programme
  • xiv. Adult learning plan.

 

  • c) Housing land transfer:
  • housing land transfer means the approval or adoption of applications (whether in draft form or not) to the Secretary of State for approval of a programme of disposal of 500 or more properties to a person under the Leasehold Reform, Housing and Urban Development Act 1993 or to dispose of land used for residential purposes where approval is required under section 32 or 43 of the Housing Act 1985.

5. Matters requiring a special majority or special notice or otherwise requiring by law a decision of the city council;

6. The promotion of applications and orders under the Transport & Works Act, and harbour revision orders;

7. The promotion or confirmation of a compulsory purchase order;

8. Any other matter required by the council’s standing orders to be submitted for resolution by the city council, unless the city council has expressly or by necessary inference delegated such matters to a committee or chief officer;

9. To make decisions on those matters referred to Council by Scrutiny Management Panel;

10. Making appointments to the Hampshire Fire & Rescue Authority;

11. Making appointments to the Police and Crime Panel:

12. Appointing representatives to outside bodies unless the appointment is an Cabinet function;

13. Adopting a Members Allowances Scheme;

14. Conferring the title of Honorary Alderman or freedom of the city

15. Confirming the appointment of the Head of Paid Service;

16. Confirmation of the appointment of the Monitoring Officer;

17. Confirmation of the appointment of the Council’s Chief Finance Officer (s.151 Officer).

18. Making, amending, revoking, re-enacting or adopting bylaws and promoting or opposing the making of local legislation or personal bills;

19. All local choice functions set out in Part 2 of this Constitution which the council decides should be undertaken by itself rather than the Cabinet;

4.2. Council meetings

There are three types of council meeting:

1. the annual Meeting;

2. ordinary meetings;

3. extraordinary meetings.

These meetings will be conducted in accordance with the council’s standing orders in Part 3 of this Constitution.

4.3. Responsibility for functions

The council will maintain the sections in Part 2 of this Constitution setting out the responsibilities for the council’s functions which are not the responsibility of the Cabinet.