The Local Government and Public Involvement in Health Act 2007 requires Elmbridge Borough Council to make changes to its decision-making arrangements. The new arrangements will come into effect immediately after the elections in May 2011. The Council is required under the Act to publish proposals following the conclusion of a consultation exercise. These proposals will be considered by the Council at a Special Meeting on 6 October 2010.

It is proposed that, with effect from the third day after the May 2011 elections, Elmbridge Borough Council adopts the Leader and Cabinet Executive (England) model, as set out in the provisions of the Local Government Act 2000 (as amended). The key elements of the proposals are: -

1. Election of Leader

The Leader is elected by full Council at its post-election annual meeting (or, if the Council fails to elect a leader at that meeting, at a subsequent meeting of the Council). The term of office of the Leader starts on the day of his/her election as Leader and ends on the day the Council holds its first annual meeting after the Leader's normal day of retirement as a councillor unless he/she: -

• is removed from office or resigns
• ceases to be a councillor
• is disqualified from being a councillor

before that day.

2. Appointment of Cabinet and Scheme of Delegation

The Leader determines the size of and appoints between 2 and 9 members of the Council to the Cabinet in addition to himself/herself, allocates any areas of responsibility (portfolios) to them, and may remove them from the Cabinet at any time. The Leader determines the scheme of delegation for the discharge of the executive functions of the Council.

The Leader will report to the Council on all appointments to and changes to the Cabinet.

3. Appointment of Deputy Leader

The Leader appoints one of the members of the Cabinet to be his/her deputy, to hold office until the end of the term of office of Leader (unless the person resigns as Deputy Leader, ceases to be a councillor or is disqualified or removed from office by the Leader).

The Leader may, if he/she thinks fit, remove the Deputy Leader from office, but must then appoint another person in his/her place.

4. Absent Leader

If for any reason the Leader is unable to act or the office of Leader is vacant, the Deputy Leader must act in the Leader's place. If the Deputy Leader is unable to act or the office is vacant, the Cabinet must act in the Leader's place or arrange for a member of the Cabinet to do so.

5. Removal of Leader

Section 44C of the Local Government Act 2000 (as amended) states that executive arrangements providing for a leader and cabinet executive may include provision for the Council to remove the executive leader by resolution.

It is proposed that Elmbridge Borough Council should have the power to remove the Leader by way of resolution by a simple majority, with such provision to be included in the Constitution of the authority. The Act specifies that, if the Council passes a resolution to remove the executive leader, a new executive leader is to be elected: -

(a) at the meeting at which the Leader is removed from office, or
(b) at a subsequent meeting.

6. Timetable for Implementation

7. Transitional Arrangements

Under the Act, the Council must agree transitional arrangements for the period following the local elections up until the Annual Meeting of Council. Under these proposals, it is recommended that the existing Leader would remain in place (assuming he/she remains a Councillor) until the Annual Meeting following the 2011 elections, at which point the new Leader will be elected.

8. Continuous Improvement

In drawing up the proposals, the local authority must consider the extent to which the proposals, if implemented, would be likely to assist in securing continuous improvement in the way in which the local authority's functions are exercised, having regard to a combination of economy, efficiency and effectiveness.

On 9 December 2009 the Audit Commission published an independent Organisational Assessment of the Council's performance under Comprehensive Area Assessment. The Council received an overall scored judgement of 3, indicating that it is performing well and exceeding the minimum requirements. Elmbridge and one other District Council were the best performing authorities in Surrey, the only authorities to achieve a three score across each of the five different assessment areas. These scores were achieved under the current 'Leader and Cabinet' system and it is considered that the proposals set out in this document will lead to further improvement in the exercise of the Council's functions.

9. Allocation of Functions

The Act requires a statement of the extent to which functions are to be specified as the responsibility of the Executive (Cabinet). The Council proposes that the allocation of functions will continue as currently operated until revised by the Leader or by the Council under the new arrangements.

10. Public Inspection

Notice of these proposals has been advertised. The proposals are available for public inspection at the Civic Centre, High Street, Esher, Surrey KT10 9SD during normal office hours Monday to Friday.

Head of Legal Services
Elmbridge Borough Council
Civic Centre
High Street
Esher
Surrey KT10 9SD

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