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:
- enter into arrangements or agreements
with any person or body;
- co-operate with, or facilitate or co-ordinate the
activities of, any person or body; and
- exercise on behalf of that person or
body any functions of that person or body.
11.02
Joint
Arrangements
- 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]
- 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.
- 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.
- 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;
- 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.
- 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
- The
Access to Information Rules in Part 4 of this Constitution apply.
- 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.
- 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
- The
Council may delegate non-Cabinet functions to another local authority or, in certain circumstances,
the Cabinet of another local authority.
- The Cabinet may delegate executive
functions to another local authority or the Cabinet of another local authority in certain circumstances.
- 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.