Council Constitution

Part 2 - Articles of the Constitution

Article 4 - The Full Council

4.1 Meanings

4.1.1 Policy Framework

The policy framework means the following plans and strategies:-

(i) those required by law.

• Annual Library Plan;
• Corporate Plan/Best Value Performance Plan;
• Children and Young People’s Plan;
• Community Strategy;
• Crime and Disorder Reduction Strategy;
• Local Transport Plan;
• Plans and strategies which together comprise the Development Plan;
• Youth Justice Plan;
• Medium Term Financial Strategy;
• Statement of Licensing Policy;
• Equality Scheme/Corporate Equality Plan; and
• Local Authority Policy Statement under the Gambling Act 2005.

(ii) those recommended in Government guidance

• Council’s Board Plan
• The plan and strategy which comprise the Housing Investment Programme;
• Adult Learning Plan;
• Local Agenda 21 Strategy; and
• Quality Protects Management Action Plan
  

(iii) other plans and strategies which the Council may decide to adopt

• Vision for Tameside;
• Capital Tameside;
• E-Tameside;
• Community Legal Services Partnership Strategy; and
• Other plans and strategies submitted by the Cabinet

(iv) other plans and strategies which the Council may adopt as Pension Authority in respect of the Greater Manchester Pension Fund.

4.1.2 Budget

The budget includes the allocation of financial resources to different services and projects, proposed contingency funds, the Council Tax base, setting the Council Tax and decisions relating to the control of the Council’s borrowing, investments or formulation of a plan or strategy for the control of its capital expenditure.

4.2 Functions of the Full Council

Only the Council will exercise the following functions:-

1. adopting and changing the Constitution;
2. approving or adopting the policy framework, the budget and setting the Council Tax;
3. subject to the urgency procedure contained in the Access to Information Procedure Rules (Part 4(e)), making decisions about any matter in the discharge of an Executive function which is covered by the policy framework or the budget where the decision maker is minded to make it in a manner which would be contrary to the framework or contrary to/or not wholly in accordance with the budget;
4. appointing the Civic Mayor and Deputy Mayor under Article 5;
5. appointing the Executive Leader and other Executive Members under Article 6;
6. agreeing and/or amending the Terms of Reference for District Assemblies, Panels and Standards Committee, deciding on their composition and making appointments to them;
7. appointing representatives to outside bodies unless the appointment is an Executive function or has been delegated by the Council;
8. adopting Members Allowances Scheme under Article 2.5;
9. changing the name of the area, conferring the title of Honorary Alderman or Freedom of the Borough;
10. confirming the appointment of the Head of Paid Service, the Monitoring Officer and the Section 151 Officer;
11. making, amending, revoking, re-enacting or adopting bylaws and promoting or opposing the making of local legislation or personal bills;
12. all local choice functions which the Council decides should be undertaken by itself rather than the Executive;
13. to determine village green applications pursuant to the Commons Registration Act 1965; and
14. all other matters which, by law, must be reserved to Council.

4.3 Council Meetings

There are four types of Council meeting:

1. the Annual Meeting;
2. Business Meetings;
3. Civic Meetings;
4. Extraordinary Meetings

and they will be conducted in accordance with the Council Procedure Rules.

4.4 Responsibility for Functions

The Council will maintain a record setting out the responsibilities for the Council’s functions which are not the responsibility of the Executive.

4.5 Civic Advisory Panel

The Council will appoint representatives of the Tameside community together with the Civic Mayor, to serve, on the Panel for a fixed period.

The Civic Advisory Panel shall have the following responsibilities:-

1. be invited to attend meetings of the Council and afforded the opportunity to speak, but not vote, at such meetings (the Civic Mayor as an Elected Member will have voting rights);
2. to speak on behalf of the Citizens of the Borough at meetings of the Council;
3. to promote public involvement in the Council’s activities;
4. along with the Civic Mayor, to market Tameside in a positive manner;
5. to attend such civic and ceremonial functions as the Council determines appropriate; and
6. with the exception of the Civic Mayor, to support in an advisory capacity the scrutiny process.

4.6 Civic Mayor Programming Panel

The Council will appoint a Civic Mayoral Programming Panel to be chaired by the Project Head (Heritage and Tourism) and also comprise the Civic Mayor, an Opposition Group Member, two Members of the Civic Advisory Panel and two former Mayors to have responsibility for advising the Civic Mayor on his/her programme of activities and events throughout the Borough and elsewhere.