Council Minutes - Town of Cambridge

COUNCIL MINUTES
TUESDAY 20 DECEMBER 2011
CR11.167 DELEGATED AUTHORITY 2011/2012 - CHRISTMAS/NEW YEAR RECESS
PURPOSE OF REPORT:
To delegate some powers and duties to the Chief Executive Officer to deal with urgent items of
business, which may arise during the 2011/12 Christmas/New Year recess period.
BACKGROUND:
The Council will be in its usual recess from the last meeting of the year, to be held on 22
December 2011 to the first Committee meetings for the new year to be held in February 2012.
In accordance with past practice, it is proposed to make arrangements to enable urgent items
of business, which may arise during that period, to be dealt with.
DETAILS:
The Local Government Act 1995 details the Council’s ability to delegate some powers and
duties to the Chief Executive Officer. Section 5.42 states:-
“a local government may delegate to the Chief Executive Officer (by absolute majority) the
exercise of any of its powers or the discharge of any of its duties under this Act other than
those referred to in Section 5.43 and this power of delegation.”
Section 5.43 of the Act specifies those powers and duties unable to be delegated to a Chief
Executive Officer. The Act also states that the delegation may be general or as otherwise
provided in the instrument of delegation.
Accordingly, it is recommended that in accordance with Section 5.42 of the Local Government
Act 1995, the Chief Executive Officer be delegated authority to exercise the powers and duties
of the Council, other than those referred to in Section 5.43, during the Christmas/New Year
period for 2011/2012, subject to the following:-
(i)
(ii)
in relation to Ward matters, a majority of the four Ward Members of the relevant Ward
being in agreement with the recommendation;
in relation to general matters, where the recommendation is for an item of business of a
general nature, a majority of all Elected Members being in agreement;
(iii) a report summarising the items of business dealt with by delegated authority be
submitted for information to the February 2012 Council meeting;
(iv)
the Mayor be kept informed of all items of business considered during the Christmas/New
Year period.
Should any item require an absolute majority of the Council, the requisite level of consent will
be sought.
During previous Christmas/New Year recesses, it has been agreed that the Chief Executive
Officer be advised by Elected Members individually if they are to be absent and that a contact
person be nominated if they wish to be consulted on matters relating to delegated authority.
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