To consider a proposed amendment to the Budget and Policy Framework Rules.

The Assistant Director Law Governance and Resilience presented a report about a proposed amendment to the Budget and Policy Framework Rules. The aim of the proposal was to provide greater flexibility; a mechanism to resolve any potential differences  between Council and Cabinet, and to avoid the need to hold additional meetings of Council.

Budget and Policy Framework Rules 4.3.2.8 - 11 provided that recommendations accepted by Council from Cabinet without amendment could take immediate effect, otherwise Council could only make an ‘in principle’ decision. If rejected or if an amendment was proposed by Council, the matter would be referred back to Cabinet. Following this a further meeting of Council then had to be held to hear Cabinets views, even if the Leader and the Cabinet were in agreement with the changes proposed by Council.  This seemed to be an unnecessary waste of resources and the Assistant Director Law Governance and Resilience proposed that the Rules be amended as set out in Paragraph 7 of his report.

Members discussed the proposals and those issues that were likely to benefit from the new system. A question was asked about the application of these rules to the Council decision to set the Council Tax. The Officers advised that this was a legal requirement independent of the process for setting a budget and not covered by the rules.

Having considered details of the proposal, the Committee was agreeable to them being recommended to Council as set out in the report of the Assistant Director Law Governance and Resilience.

RESOLVED THAT:

It be recommended to Council that the Budget and Policy Framework Rules 4.2.3.8 - 11 be amended as follows

“If it accepts the recommendation of the Cabinet without amendment, the Council may make a decision, which has immediate effect. Otherwise, it may only make an in-principle decision. In either case, the decision will be made on the basis of a simple majority of votes cast at the meeting.

 The decision will be published and, if an in-principle decision has been made, a written copy shall be given to the Leader as soon as possible for the Cabinet to consider.

An in-principle decision will automatically become effective 5 working days from the day following the date of written notification to the Leader of the Council‘s decision, unless the Leader informs the Chief Executive in writing within those 5 days that the Cabinet objects to the decision becoming effective and provides reasons why in writing

Where notification of objection is received under (the paragraph) above, a meeting of Council will be called to be held within 28 days of the objection being received by the Chief Executive, to reconsider the decision that is the subject of the objection. In reconsidering the decision the Council must take into account the objection of the Cabinet and reasons for it and any revised proposals submitted by the Cabinet and the Cabinet‘s reasons for those revised proposals. The Council may either:

approve the Cabinet‘s recommendation by a simple majority of votes cast at the meeting; or approve a different decision which does not accord with the recommendation of the Cabinet by a simple majority.

The decision shall then be published and implemented immediately.”