Council Governance

Executive Arrangements

A council must operate a committee system. The decision to operate executive arrangements or prescribed arrangements must be taken by a qualified majority.

The executive system may consist of a committee of the council as a cabinet-style executive; or more than one committee, streamlined committee executive. The chair and deputy chair of the council shall be non-voting members of the executive. A cabinet-style executive must have at least six and not more than 10 members. A committee in a streamlined committee executive must have between six members and 10 members.

Subject to provisions under other legislation, any function of a council which is not specified in regulations by the department is to be the responsibility of an executive of the council under executive arrangements. Regulations may prescribe functions of a council which may or may not be the subject of an executive arrangement.

Functions which are the responsibility of the executive of a council under executive arrangements are exercisable by the executive on behalf of the function. They may only be discharged in accordance with regulations and provisions under the Local Government Act.

Where executive arrangements make provision for a streamlined committee executive, they must make provision for the allocation of functions which are the responsibility of the executive amongst its members. Where the executive arrangements make provision for a cabinet-style executive, the executive may arrange for the discharge of any of its functions by a sub-committee or officer of the council.

Executive arrangements by a council must include provisions for the appointment of one or more committees of the council which ought to be overview and scrutiny committees. The arrangements must ensure that the overview and scrutiny committees have the power to review and scrutinize decisions made or other actions taken, in connection with the discharge of the functions of the executive.

It must have the power to make reports and recommendations to the council or executive in relation to the discharge of functions which are the responsibility of the executive. It must be able to review and scrutinize decisions made, in connection with functions which are not the responsibility of the executive and similarly make reports and recommendations in respect thereof.

They must have the power to make reports and recommendations to the council or the executive on matters which affect the district’s inhabitants. Standing orders may provide for the council to appoint an ad hoc overview and scrutiny committee where they concern one or more overview and scrutiny committees of the council.

The power of the overview and scrutiny committee includes the power to recommend a decision be reconsidered; to arrange for its functions, so far as it relates to the decision, to be exercised by the council.

An overview and scrutiny committee of the council may appoint one or more subcommittees and arrange for the discharge of their functions by the subcommittee.

The overview and scrutiny committees may include non-councillors but they may not vote. Other than in very limited circumstances.

An overview and scrutiny committee of a council or sub-committee may require members of the executive and officers of the council to attend before it to answer questions. It may invite other persons to attend the meetings. Members and officers are under a duty to attend. They are not obliged to answer any question which will be privileged in the court of law.

Councillors must designate one of its officers to discharge functions as a scrutiny officer. They are to promote the role of the council’s scrutiny and overview committee and provide support to them. They are to provide support and guidance to councillors; members of the executive of the council; or officers of the council, in relation to its functions.

Executive arrangements must include a provision to enable members of the overview and scrutiny committee to refer to the committee any matter relevant to the functions of the committee. It must enable councilors to refer matters to an overview and scrutiny committee of which that council is not a member.

The council and executive are under a duty to respond to the overview and scrutiny committee. The committee may publish a report on recommendations. It must, by notice, require the council or executive to consider the report or recommendation, respond, indicate what, if any action, the council or executive proposes to take, publish the response if the committee has published a report and if the committee has provided a copy to a councillor, provide the councillor with a copy of the response. It is the duty of a council or executive to which notice has been given to comply with the requirements. The notice may require the council or executive to comply with the obligation to respond, etc. above within two months.

The overview and scrutiny committee in publishing reports and recommendations and the response of a council or executive must exclude confidential information and excepted information.

Meetings are to be in public or private. Subject to the regulations, it is a matter for the council executive to decide which meetings are to be in public or in private. A written record is to be kept of prescribed decisions of meetings which are held in private.

Records above must be available to members of the public in accordance with regulations. Regulations may provide for prevention of the whole or part of a document to any prescribed information be made available to members of the public.