MEETING OF COUNCIL - Town of Cambridge

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
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