1 General
1.1 The Council’s Policy and Planning Framework and the Budget are key elements in setting the direction which the Authority wishes to take in providing services to the Cheshire people. They also set out the policies and resources against which decisions must be judged. This is particularly relevant to the operation of the Council’s Executive arrangements where the Executive in exercising its functions must keep within the Framework and the Budget in making its decisions.
1.2 As both the Framework and its components and the Budget have to be approved by the full Council it is important that all Members of the Council are involved in the development of the various plans, policies and strategies and expenditure proposals.
2 Adopting the Policy and Planning Framework
and Approval of the Budget
2.1 The Council is responsible for the adoption of the Policy and Planning Framework and Budget. Once the Framework and Budget have been agreed it will be the responsibility of the Executive to implement it in the discharge of its functions.
2.2 The Council may adopt components of the Framework at different times because of requirements imposed on it by statute. However, at the Budget meeting in February each year the Council will confirm the Framework to operate for the forthcoming financial year.
3 Process Leading to the Adoption of the Policy and
Planning Framework and the Budget
3.1 The Executive will publicise a timetable for submitting proposals to the full Council for the adoption of any plan, strategy or budget that forms a part of the Policy and Planning Framework and the overall Budget. The arrangements for consultation after publication of initial proposals will also be included.
3.2 The Executive will ensure that the Chairmen of Overview and Scrutiny Committees and Subcommittees are also notified.
3.3 The consultation period shall in each instance be determined by the Executive but will not be less than four weeks.
3.4 At the end of the consultation period, the Executive will draw up firm proposals having regard to the responses to the consultation exercise.
3.5 Overview and Scrutiny Committees and Subcommittees are responsible for fixing their work programmes and may investigate, research, or report in detail with policy recommendations in response to any such consultations within the period specified.
3.6 The Executive will take any responses from Overview and Scrutiny Committees and Subcommittees into account in drawing up its final proposals for submission to the Council for approval. The Executive’s submission must reflect comments made by consultees and its response.
3.7 Once the Executive’s firm proposals have been approved by that body the County Secretary will arrange for the matter to be submitted to the Council at its next meeting for approval.
3.8 When the matter is before Council, it can decide:-
- to approve the Executive’s proposals; or
- to refer them back to the Executive for further consideration; or
- to substitute, in principle, its own proposals in whole or in part.
3.9 Where the Council approve the Executive’s proposals without amendment then the Council’s decision will have immediate effect unless the Council specify otherwise.
3.10 Otherwise than in 3.9 above, the Council will make a decision in principle and will be subject to the procedures in 3.13 to 3.16 below.
3.11 A decision by the Council under these rules will be made on the basis of a specific majority of votes cast at the meeting.
3.12 A decision under 3.9 above will be publicised in accordance with the Council’s Procedure Rules on Access to Information.
3.13 Where an “in principle” decision is made under 3.10 above, that decision will become effective five clear working days from the date of the Council’s decision unless within that period, the Leader of the Executive informs the County Secretary, in writing, that he/she objects to the decision coming into effect and states the reasons for such objection.
3.14 Where such notification of objection is received under 3.13 above the Chief Executive in consultation with the Chairman of the Council will call a meeting of the Council to be held within a period of 28 days from the date the objection is lodged with the County Secretary.
3.15 The Council following reconsideration of the matter may:
- approve the Executive’s proposals; or
- approve a different decision that does not reflect the recommendations of the Executive.
3.16 The decision will be publicised in accordance with the Council’s Rules on Access to Information and will be implemented immediately unless the Council specify otherwise.
3.17 In approving its Budget each year, the Council may specify in addition to such matters dealt with in the Finance Procedure Rules, the extent to which the Executive can agree virements within that Budget and the degree to which in-year changes can be agreed by the Executive to the Policy and Planning Framework. Any changes to the Budget or the Framework outside the parameters set by the Council shall be submitted to the full Council for approval unless paragraph 5 below applies.
4 Decision-taking in Relation to the Policy and Planning Framework and the Budget
4.1 Subject to paragraphs 5.1 to 5.5 below the Executive (including any Committee or Subcommittee of the Executive), individual Executive Members or any body or person discharging Executive functions may only take decisions which are in accordance with the Framework and the Budget. Where there is a need or a wish to take a decision contrary to this requirement, in whole or in part, then the decision in question can only be taken by the full Council unless the matter is urgent as defined in 5 below.
4.2 If any body or person under 4.1 needs or wishes to take such a decision, they must seek advice from the Monitoring Officer and the Section 151 Officer as to whether that decision would be contrary to, or wholly in accordance with, the Framework and/or the Budget.
4.3 Where following advice from either the Monitoring Officer or the Section 151 Officer that the decision would be contrary to or not wholly in accordance with the Framework and/or Budget then subject to paragraph 5 below the decision must be referred by the body or individual to the full Council for determination.
5 Urgent Decisions in Relation to the Policy and
Planning Framework and the Budget
5.1 Where a decision falls within paragraphs 4.1, 4.2 and 4.3 above and is a matter of urgency the decision may be taken by the body or individual to whom the decision would fall if it were not contrary to or wholly in accordance with the Framework and the Budget only in the following circumstances:-
- it is not practical to convene a quorate meeting of the full Council; and
- the Chairman of the appropriate Overview and Scrutiny Committee or Subcommittee agrees that the decision needs to be taken as a matter of urgency;
- where a matter falls within the remit of more than one Overview and Scrutiny Committee or Subcommittee, then the Chairman of the Performance and Overview Committee will be consulted
- where the matter if approved would not incur additional expenditure which could be offset elsewhere in the Council’s budget.
5.2 Where an urgent decision is taken under 5.1 above, the circumstances must be recorded in the record of the decisions.
5.3 Where the Chairman of the appropriate Overview and Scrutiny Committee or Subcommittee is not available, the consent of the Chairman of the Council or in his/her absence the Vice-Chairman shall be obtained.
5.4 Where an urgent decision is taken under these provisions, the body or individual decision taker shall provide a full report to the full Council at its next meeting explaining the decision, the reasons for it and the grounds for urgency. The name of the person consenting to the matter being dealt with in this way should also be reported to the Council.
6 Financial Matters
6.1 The Council has set virement limits within which decision-makers can exercise discretion in approving or otherwise financial transfers within the Budget.
6.2 The limits are set out in detail in the Financial Procedure Rules.
6.3 Where the Executive or a body or individual is discharging executive functions to implement Council policy, then any decision to spend or make savings must not exceed the budget allocated to each budget head within the overall Budget subject to 6.4 below.
6.4 Those Executive bodies or individuals may agree virement proposals across budget heads under their control as specified in the Finance Procedure Rules. Subject to the Rules, any proposals above £1m or where they are funded from reserves or balances or impact significantly on future years’ budgets as required under the Rules shall be submitted to the full Council for approval.
7 Policy and Planning Framework – In-year Changes
7.1 No changes to the Policy and Planning Framework shall be made by a body or individual exercising Executive functions unless those changes will:-
- result in the closure or discontinuing of a service, in whole or in part to meet a budgetary constraint; or
- ensure compliance with the law, ministerial direction or Government guidance; or
- in relation to the Policy and Planning Framework in respect of a policy which would normally be agreed annually by the Council following consultation, determine matters where the existing policy document is silent on the matter under consideration.
8 Decisions Outside the Budget or Policy Framework – Call in
8.1 Where the Executive, or anybody or individual acting on its behalf in the exercise of an Executive function, has any doubt as to whether a decision is, or is likely to be, contrary to, or not wholly in accordance with, the Policy and Planning Framework and/or the Budget, they should seek advice from the appropriate officers, in particular the Monitoring Officer, Section 151 Officer and the Chief Executive.
8.2 Where following advice under 8.1 above, a decision is likely to be considered contrary to, or not wholly in accordance with, the Policy and Planning Framework and/or the Budget, the matter shall be referred to the full Council to determine.
8.3 Where an Overview and Scrutiny Committee or Subcommittee is of the opinion that an Executive decision is, or if made would be, contrary to the Policy Framework, or contrary to or not wholly in accordance with the Council’s Budget, then it shall seek advice from the Monitoring Officer and Section 151 Officer.
8.4 In respect of Executive functions the Monitoring Officer’s report and Section 151 Officer’s report shall be made to the Executive and copied to every Member of the Council. Regardless of whether the decision is delegated or not, the Executive must meet to decide what action to take in respect of the Monitoring Officer’s and Section 151 Officer’s reports and to prepare a report to Council in the event that the Monitoring Officer or the Section 151 Officer conclude that the decision was a departure. If the Monitoring Officer or the Section 151 Officer conclude that the decision was not a departure then a report will be made to the Overview and Scrutiny Committee or Subcommittee.
8.5 If the decision has yet to be made, or has been made but not yet implemented, and the advice from the Monitoring Officer and the Section 151 Officer is that the decision is or would be contrary to the Policy Framework or contrary to or not wholly in accordance with the Budget, the Overview and Scrutiny Committee or Subcommittee may refer the matter to the full Council. In such cases, no further action will be taken in respect of the decision or its implementation until the Council has met and considered the matter. The Council shall meet within 28 days of the request by the Overview and Scrutiny Committee or Subcommittee. At the meeting the Council will receive a report of the decision or proposals and the advice of the Monitoring Officer and the Section 151 Officer. The Council may either:-
|