MEETING OF COUNCIL - Town of Cambridge

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COUNCIL MINUTES TUESDAY 27 NOVEMBER 2012 (ii) a Special Meeting of the Council be held on Tuesday 22 October 2013 for the purpose of swearing in newly elected Councillors; (iii) the above public meetings be advertised in accordance with Regulations 12(2) and 12(3) of the Local Government (Administration) Regulations 1996. Carried 8/0 H:\CEO\GOV\COUNCIL MINUTES\12 MINUTES\NOVEMBER 2012\C CR.DOCX 171
COUNCIL MINUTES TUESDAY 27 NOVEMBER 2012 CR12.182 DELEGATED AUTHORITY 2012/13 - 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, that may arise during the 2012/13 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 18 December 2012 to the first Committee meetings for the new year to be held in February 2013. 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 2012/2013, subject to the following:- (i) (ii) (iii) (iv) 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; a report summarising the items of business dealt with by delegated authority be submitted for information to the February 2013 Council meeting; 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 H:\CEO\GOV\COUNCIL MINUTES\12 MINUTES\NOVEMBER 2012\C CR.DOCX 172
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COUNCIL 27 NOVEMBER 2012 COMMUNITY
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COUNCIL 27 NOVEMBER 2012 11. URGENT
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MEETING OF COUNCIL - Town of Cambridge

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