How the Cabinet operates
The arrangements for who can make Executive Decisions are set out under responsibility for functions.
Allocations of Cabinet Portfolios by the Leader
At any Council meeting, the Leader can give a written update that records any changes to Cabinet membership, which portfolios have been allocated, what powers individual Cabinet members have used, and any executive powers that have been given to council officers.
Sub-delegation of Executive Functions
If the Cabinet or one of its committees is responsible for an executive function, they can pass that responsibility on to a joint arrangement or a council officer. If the Leader gives a function to the Cabinet, the Cabinet can also delegate it unless the Council says otherwise. Similarly, if the Leader gives a function to a Cabinet committee, that committee can also delegate it to an officer unless the Leader decides otherwise. Even when a function is delegated, it can still be carried out by the original person or group who delegated it.
The Council’s Scheme of Delegation and Executive Functions
The Council must approve the Scheme of Delegation and only the Council can change its Scheme of Delegation.
However, the Leader can change parts of the scheme related to executive functions at any time. To do this, they must send written notice to the Proper Officer and the relevant person, group or committee. The notice must explain what’s changing and who is affected. The Proper Officer will report these changes at the next Council meeting. If a committee loses delegated powers, the notice is considered served once the Chair receives it.
Conflicts of interest
If the Leader has a conflict of interest - or if all Cabinet Members do - this should be dealt with according to the Councillor Code of Conduct.
If an executive function has been delegated to a Cabinet committee or an officer and a conflict of interest arises, the responsibility for that function will return to the person or group who originally delegated it. If that’s not possible, it will be dealt with according to the Councillor Code of Conduct.
Cabinet meetings: when and where
The Cabinet will meet according to the Council’s agreed schedule. Meetings will take place at the council’s Civic Centre or another location specified in the meeting summons.
Private meetings of the Cabinet
Meetings or parts of meetings can only be held in private if they meet the requirements set out in Rule 20 of the access to information procedure rules.
If a meeting includes confidential or exempt business, the Council must give 28 days’ notice. A further notice must be given at least 5 clear days before the meeting, unless this isn’t possible and the approval from the Chair of the Overview and Scrutiny Committee has been obtained (or, if the Chair is unavailable, the consent of the Mayor or Deputy Mayor).
Quorum
At least half of the Cabinet Members, including the Leader, must be present for a Cabinet meeting or a Cabinet Committee meeting to go ahead.
How decisions are taken by the Cabinet
Executive decisions given to the Cabinet are made at a scheduled meeting, following the access to information procedure rules. If a Cabinet committee is given the authority to make executive decisions, the same rules apply to them as they do to the Cabinet. If there is a tie in votes, the Leader, or the Member chairing the meeting if the Leader is absent, can cast a second or deciding vote.
How Cabinet meetings are conducted
If the Leader is at the meeting, they will preside the meeting. If the Leader is absent, someone else will be chosen to preside by those attending the meeting.
Who can attend
See the access to information procedure rules.
Business
At each Cabinet meeting, the following items will be covered:
- declarations of interest
- issues referred back to the Cabinet by the Overview and Scrutiny Committee or the Council for reconsideration, following the relevant procedure rules
- recommendations from the Overview and Scrutiny Committee
- items on the meeting agenda that are marked as Key Decisions, as defined by the access to information procedure rules
- items on the agenda that are marked as Relevant Decisions, in line with the Protocol on Cabinet Decision-Making
Consultation
Reports to the Cabinet about proposals related to the Budget and Policy Framework must include details about who was consulted, including stakeholders and the Overview and Scrutiny Committee, and what the outcome of that consultation was.
For other reports, consultation details should be included as appropriate. The level of consultation should match the importance and nature of the issue being considered.
Who can put items on the Cabinet agenda
The Leader can add any item they choose to the Cabinet meeting agenda, even if the Cabinet, a Cabinet committee or an officer doesn’t have delegated authority for that item. The Proper Officer must follow the Leader’s request.
Any Cabinet Member can also ask the Proper Officer to include an item on the agenda for the next available Cabinet meeting, and the Proper Officer must do so.
If the Overview and Scrutiny Committee or the Council decides that an item should be considered by the Cabinet, the Proper Officer must make sure it’s added to the agenda for the next available meeting.
Who can speak at Cabinet meetings
The following can speak at Cabinet meetings:
- the Leader or any Cabinet member
- any councillor or officer who has an item on the agenda
- ward councillors can speak on items that affect their ward
- the Chair or Vice-Chair of a committee or sub-committee can speak on matters within their committee’s responsibilities, introduce recommendations and share views from Overview and Scrutiny members
- Group Leaders can speak on issues related to their political groups
- any councillor, if allowed by the Chair
Speakers should keep their comments brief and avoid repeating points already discussed. If the Leader or Chair feels someone is speaking unfairly or excessively, they can stop them.
Adding items to the Cabinet agenda:
Any councillor can ask the Leader to include an item. If the Leader agrees, it will be added to the next available Cabinet meeting. The councillor’s name will appear on the meeting notice, and they’ll be invited to speak, whether or not the meeting is public.
The Monitoring Officer or Chief Finance Officer can add items to the agenda and may ask for a meeting to be called if needed for legal or financial reasons.
If any two of the Chief Executive, Chief Finance Officer or Monitoring Officer believe a decision is needed urgently, they can jointly add an item and request a meeting is held.
Proper Officer
In these rules, the 'Proper Officer' means the Chief Executive or their nominated officer.
More information
To learn more about procedure rules see the full document: