Part 2 Article 4 - The Full Council

To be read in conjunction with Part 4

4.01 Meanings

  1. Policy Framework. The policy framework means the following plans and strategies:-

    1. those required by the Local Authorities (Functions and Responsibilities) (England) Regulations 2000 and regulations proposed under section 32 of the Local Government Act 2000 to be adopted by the Council
      • Best Value Performance Plan;
      • Community Strategy;
      • Crime and Disorder Reduction Strategy;
      • Plans and strategies which together comprise the Local Development Plan;
    2. those other plans and strategies which Chapter 2 of DETR Guidance recommends should be adopted by the Council as part of the Policy Framework :namely
      • Council's Corporate Plan;
      • The plan and strategy which comprise the Housing Investment Programme;
      • Local Agenda 21 Strategy;
    3. other plans and strategies which the council may decide should be adopted by the Council meeting as a matter of local choice, including so much of Wiltshire County Council local transport plan as applies to Salisbury.
  2. Budget. The budget includes the allocation of financial resources to different services and projects, proposed contingency funds, the council tax base, setting the council tax and decisions relating to the control of the Council's borrowing requirement, the control of its capital expenditure and the setting of virement limits. Also the Authority's Statement of Accounts, income expenditure and balance sheet.

  3. Housing Land Transfer. Housing Land Transfer means the approval or adoption of applications (whether in draft form or not) to the Secretary of State for approval of a programme of disposal of 500 or more properties to a person under the Leasehold Reform, Housing and Urban Development Act 1993 or to dispose of land used for residential purposes where approval is required under sections 32 or 43 of the Housing Act 1985.

4.02 Functions of the Full Council

Only the Council will exercise the following functions:
  1. to elect a chairman and vice-chairman of the Council
  2. adopting and changing the Constitution;
  3. approving or adopting the policy framework, the budget and any application to the Secretary of State in respect of any Housing Land Transfer;
  4. subject to the urgency procedure contained in the Access to Information Procedure Rules in Part 4 of this Constitution, making decisions about any matter in the discharge of an executive function which is covered by the policy framework or the budget where the decision maker is minded to make it in a manner which would be contrary to the policy framework or contrary to/or not wholly in accordance with the budget;
  5. appointing the leader and members of the cabinet;
  6. agreeing and/or amending the terms of reference for committees, deciding on their composition and making appointments to them;
  7. appointing representatives to outside bodies unless the appointment is an executive function or has been delegated by the Council;
  8. adopting an allowances scheme;
  9. changing the name of the District Council or parish councils' within it;
  10. confirming the appointment of the head of paid service;
  11. making, amending, revoking, re-enacting or adopting bylaws and promoting or opposing the making of local legislation or personal Bills;
  12. local choice functions (if any) which the Council decides should be undertaken by itself rather than the executive;
  13. all other matters which, by law, must be reserved to Council including approval of Authority's Statement of Accounts and setting Statutory borrowing limits;
  14. all functions relating to elections as set out in Section D of the Functions and Responsibility Regulations 2000 in so far as they are not delegated to the Electoral Registration Officer;
  15. functions relating to pensions;
  16. power to make Standing Orders;
  17. to take decisions in respect of functions which are not the responsibility of the Executive and which have not be delegated by the council to committees or officers.
  18. the determination and publication of the local statement of licensing policy further to the Licensing Act 2003 or any statutory extension/modification/amendment or re-enactment of it.

4.03 Council Meetings

There are three types of Council meeting:

  1. the annual meeting;
  2. ordinary meetings;
  3. extraordinary meetings.

and they will be conducted in accordance with the Council Procedure Rules in Part 4 of this Constitution.

4.04 Responsibility for Functions

The Council will maintain the tables in Part 3 of this Constitution setting out the responsibilities for the Council's functions which are not the responsibility of the executive.

Contact details:

Telephone:
01722 434345

email:
dsumail@salisbury.gov.uk

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