Part 2 Article 11 - Joint Arrangements

11.01 Arrangements to Promote Well Being

The Council or the Cabinet - in order to promote the economic, social or environmental well-being of its area, may:

  1. enter into arrangements or agreements with any person or body;
  2. co-operate with, or facilitate or co-ordinate the activities of, any person or body; and
  3. exercise on behalf of that person or body any functions of that person or body.

11.02 Joint Arrangements

  1. The Council may establish joint arrangements with one or more local authorities and/or their executives to exercise functions [which are not executive functions in any of the participating authorities, or advise the Council. [Such arrangements may involve the appointment of a joint committee with these other local authorities]
  2. The Cabinet may establish joint arrangements with one or more local authorities to exercise functions which are Cabinet functions. Such arrangements may involve the appointment of joint committees with these other local authorities.
  3. Except as set out below, the Cabinet may only appoint executive members to a joint committee and those members need not reflect the political composition of the local authority as a whole.
  4. The Cabinet may appoint members to a joint committee from outside the executive in the following circumstances:

    *the joint committee has functions for only part of the area of the authority, and that area is smaller than two-fifths of the authority by area or population. In such cases, the Cabinet may appoint to the joint committee any councillor who is a member for a ward which is wholly or partly contained within the area;

  5. Where the Joint Committee discharges some functions which are the responsibility of the Council and some which are the responsibility of the Cabinet (eg. the Salisbury Transportation Plan Joint Committee) the appointment of Members must be made by the Council with the agreement of Cabinet and at least one member of the Cabinet must be a Member of that Committee.
  6. Details of any joint arrangements including any delegations to joint committees will be found in the Council's scheme of delegations in Part 3 of this Constitution.

11.03 Access to Information

  1. The Access to Information Rules in Part 4 of this Constitution apply.
  2. If all the members of a joint committee are members of the Cabinet in each of the participating authorities then its access to information regime is the same as that applied to the Cabinet.
  3. If the joint committee contains members who are not on the Cabinet of any participating authority then the access to information rules in Part VA of the Local Government Act 1972 will apply.

11.04 Delegation to and from other local authorities

  1. The Council may delegate non-Cabinet functions to another local authority or, in certain circumstances, the Cabinet of another local authority.
  2. The Cabinet may delegate executive functions to another local authority or the Cabinet of another local authority in certain circumstances.
  3. The decision whether or not to accept such a delegation from another local authority shall be reserved to the Council meeting.

11.05 Contracting Out

The Council, for functions which are not Cabinet functions, may contract out to another body or organisation, functions which may be exercised by an officer and which are subject to an order under section 70 of the Deregulation and Contracting Out Act 1994, or under contracting arrangements where the contractor acts as the Council's agent under usual contacting principles, provided there is no delegation of the Council's discretionary decision making.

Contact details:

Telephone:
01722 434345

email:
dsumail@salisbury.gov.uk

Postal address:
Democratic Services
Salisbury District Council
PO Box 2117
Salisbury
SP2 2DF