Council Constitution

Part 2 - Articles of the Constitution

Article 15 - Joint Arrangements

15.1 Arrangements to Promote Well Being

In order to promote the economic, social or environmental well-being of its area, the Council or the Executive may:-

1. enter into arrangements or agreements with any person or body; and/or
2. exercise on behalf of that person or body any functions or activities of that person or body.

15.2 Joint Arrangements

The Council will make arrangements, as necessary, with one or more local authorities to carry out such functions as it considers appropriate. These arrangements may involve the appointment of a joint committee.

The Executive, as defined in Article 6, will make joint arrangements, as necessary, to carry out functions for which it is responsible. These arrangements may involve the appointment of a joint committee.

15.3 Appointments to a Joint Committee

The Executive may appoint non-Executive Members to a joint committee provided:-

1. the joint committee has functions for only part of the area of authority; and
2. that area is smaller than two-fifths of the authority by area or population. In such cases, the Executive may appoint any Councillor who is a Member for a Ward that is wholly or partly contained within the area.

In all other cases, the Executive must appoint an Executive Member to a joint committee.

15.4 Information on Joint Arrangements

Details of any joint arrangements including any delegations to joint committees are set out in the Council’s Scheme of Delegation.  (Part 3(a)).

15.5 Delegation To and From Other Local Authorities

The decision whether or not to accept a delegation pursuant to Section 101 of the Local Government Act 1972, from another authority, shall be reserved to Council.

15.6 Contracting Out

Provided there is no delegation of the Council’s discretionary decision making, the Executive may contract out to another body or organisation functions:-

• which may be exercised by an Officer and which are subject to an Order under Section 70 of the Delegation and Contracting Out Act 1994; or
• or under contracting arrangements where the contactor acts as the Council's agent under usual contracting principles.