TERMS OF REFERENCE OF CABINET

1. The Leader will prepare a Scheme of Delegation in which they will confirm the councillor they have appointed Deputy Leader of the Council; the number and content of the Portfolios; and the name of the councillor they have appointed to each Portfolio.  Each Portfolio Holder is authorised to take any executive decisions individually on any matter within their area of responsibility, subject to the procedures set out in the Constitution and in accordance with the Council’s Financial Regulations.

2. The following functions make up the general responsibilities of the Cabinet:-

(a) To make recommendations to Full Council for approval as part of the Budget and Key Policy Framework, major new policies, changes to or revisions of existing policies or any other plan or strategy which Full Council decides it shall adopt or approve;

(b) To recommend to Full Council the overall financial strategy of the Council, including the annual Capital and Revenue Budgets and the level of Council Tax and the Council Tax Base;

(c) To take in-year decisions on resources and priorities, to deliver the Key Policy Framework, Corporate Plan and Budget;

(d) To make Key Decisions, as published in the Cabinet Forward Plan

(e) To consider and respond to recommendations and reports from the Council, Committees and Overview and Scrutiny Panels;

(f) To consider the reports of external review bodies on key aspects of overall Council service delivery;

(g) To decide all Local Choice Functions which Full Council has decided should be undertaken by the Cabinet (see annex);

(h) To carry out those executive functions of the Council not delegated to other bodies, individual Cabinet Members or Officers in accordance with one of the schemes of delegation;

(i) To resolve disputes between Cabinet Members including those where there is no agreement between Portfolio Holders relating to cross portfolio issues;

(j) To make the final decision on joint arrangements and delegations to other councils which relate to Executive Functions; and

(k) To liaise with other councils, government departments, statutory bodies, voluntary bodies, and other external agencies.

ANNEX

Local Choice Functions

1.      Any matter under a local Act

2.      Discharge of any functions relating to contaminated land.

3.      The discharge of any function relating to control of pollution or management of air quality.

4.      The service of an abatement notice in respect of a statutory nuisance.

5.      The passing of a resolution that Schedule 2 of the Noise and Statutory Nuisance Act 1993 should apply in the authority’s area.

6.      The inspection of the authority’s area to detect any statutory nuisance under Section 79 of the Environmental Protection Act 1990.

7.      The investigation of any complaint as to the existence of a statutory nuisance under Section 79 of the Environmental Protection Act 1990.

8.      The appointment of any individual:-

(a)        to any office other than an office in which he is employed by the authority;

(b)        to any body other than

(i)            the authority,

            (ii)           a joint committee of two or more authorities;

            or to any Committee or Sub-Committee of such a body,

         and the revocation of any such appointment.

9.      The making of agreements for the execution of highways works

10.    The making of agreements with other local authorities for the placing of staff at the disposal of those other authorities

11.    Any function of the Council in its capacity as a harbour authority (to the extent that the function does not fall within paragraph 1. of this Annex)

12.    The obtaining of information as to interest in land, or of particulars of persons interested in land, under section 330 of the Town and Country Planning Act 1990 or section 16 of the Local Government (Miscellaneous Provisions) Act 1976, in connection with the functions of the Executive.