Council will exercise the following functions:

• Adopting and changing the Constitution
  
  
• Approving or adopting the Policy framework and the budget
  
  
• 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 policy framework or contrary to/or not wholly in accordance with the budget

• Appointing the leader
  
  
• Agreeing and/or amending the terms of reference for committees (other than task groups of the executive) deciding on their composition and making appointments to them

• Appointing representatives to outside bodies unless the appointment is an executive function or has been delegated by the Council

• Adopting an allowances scheme

• Changing the name of the area, conferring the title of honorary alderman or freedom of the Borough

• Confirming the appointment of the head of paid service

• Making, amending, revoking, re-enacting or adopting bylaws and promoting or opposing the making of local legislation or Personal Bills

• All other matters which, by law, must be reserved to Council

• Receiving motions

The Executive will exercise the following functions:-

• Lead the community planning process and search for best value, with input and advice from Scrutiny (if requested) and any other persons as appropriate.
  
  

• Lead the preparation of the local authorities’ policies and budget adopting an inclusive approach by ensuring that councillors outside the executive have the opportunity to put forward proposals.
  
  

• Take decisions on resources and priorities, together with other stakeholders and partners in the local community, to deliver and implement the budget and policies decided by the full council;
  
  

• Be the focus for forming partnerships with other local public, private, voluntary and community sector organisations to address local needs.
  
  

• Agree and/or amend the terms of reference for task groups and deciding on their composition and making appointments to them.

• Subject to virement provisions, the executive, committees of the executive, individual councillors and any staff, area committees or joint arrangements discharging executive functions may only take decisions which are in line with budget and policy framework.

• The executive will need to respond to any recommendations and reports from Scrutiny.  Where these differ from the executive’s policy, the executive will need to justify the differences and its actions or change its policy where necessary seeking approval from Council.

• Creating a positive culture for the proactive practice of managing risk, for approving the authority’s risk management policy statement and strategy and for reviewing the effectiveness of risk management.

Corporate Overview & Scrutiny

Terms of Reference:

Remit – to scrutinise the policies and performance of the Strategic Resources and Customer Services directorates, the budget setting process and other internal business processes.

Community Overview & Scrutiny

Terms of Reference:

Remit – to scrutinise the policies and performance of the Partnerships and Community directorate, and those of public and private sector partners in relation to community well-being.

Both committees will undertake the following functions:-

• Holding the Executive to account
• Policy review and development
• Council reviews
• External scrutiny
• Performance management and review
• Ensuring corporate priorities are met
• Area scrutiny
• Engaging partner organisations
• Engaging the public
• Key decisions and the forward plan
• Internal Audit reviews and the relevant audit plan

There is also Health Overview and Scrutiny Panel operated by Cumbria County Council which operates outside this constitution.

Terms of Reference: - Licensing Committee

• To consider and decide upon applications for licences for street trading, take-away foods, public entertainment, private hire and hackney carriages and any other licence applications unless otherwise delegated. 
• To consider and recommend any necessary changes in licensing policy.
• To hear appeals in respect of the following legislation:-

Licence for dog breeding establishments under Breeding of Dogs Act 1973

Licence to keep riding establishment under Riding Establishments Act 1964

Licence for animal boarding establishment under the Animal Boarding Establishments Act 1963

Licence to keep pet shop under Pet Animals Act 1951

Street Trading Consent under the Local Government (miscellaneous provisions) Act 1982

Licence to keep dangerous wild animals under the Dangerous Wild Animals Act 1982

Licence for a zoo under the Zoo Licensing Act 1981

Licence for a caravan site under the Caravan Sites and Control of Development Act 1960

Registration of premises as skin piercing establishment under Local Government (Miscellaneous Provisions) Act 1982

Licence to hire pleasure craft under the Public Health Acts Amendment Act 1907 as applied by the Local Government Act 1972 and byelaws made thereunder

Terms of Reference:

• To consider and decide upon applications for planning permission and related matters within the Borough unless otherwise delegated;
  
  
• To approve draft local development documents for consultation purposes;
  
  
• To formulate views upon planning applications with the National Park and upon County matters.

• To determine applications for hazardous substances consent under the Planning (Hazardous Substances) Act 1990.

The standards committee will have the following role and function:

• Promoting and maintaining high standards of conduct by councillors and co-opted councillors;

• Assisting councillors and co-opted councillors to observe the councillors‘ Code of Conduct;

• Advising the Council on the adoption or revision of the councillors’ Code of Conduct;

• Monitoring the operation of the councillors’ Code of Conduct;

• Advising, training, or arranging to train councillors and co-opted councillors on matters relating to the councillors’ Code of Conduct;

• Granting dispensations to Councillors and co-opted councillors from requirements relating to interests set out in the councillors’ Code of Conduct;

• Dealing with any reports from a case tribunal or interim case tribunal and any report from the monitoring officer on any matter which is referred by an ethical standards officer to the monitoring officer;

• Considering applications from the Council’s employees for exemption from political restrictions in respect of their posts;

• In relation to complaints about member conduct:

·        Reviewing and assessing complaints

·        Reviewing local assessment decisions

·        Conducting hearings following investigations

(To avoid perceptions of bias or predetermination, members who carry out a local assessment decision should not be involved in a review of the same decision should one be requested)

·        The exercise of the above in relation to parish council’s wholly or mainly in its area and the councillors of those parish councils.

Task groups with clear/concise terms of reference and a realistic time limit to complete the task given shall be appointed by the Executive or Council on an adhoc basis.

A report providing clear and concise answers to the task given shall be submitted to the Executive/Council upon completion of the task.

Carnegie Theatre Task Group

Terms of Reference:

• To consider the options appraisal for the Carnegie Theatre & Arts Centre and to make recommendations to Council with regard to its development.

Delegation

As above

Derwent Forest Task Group

Terms of Reference:

• To work with Cumbria County Council, the North West Development Agency and Cumbria Vision to acquire the site from the MOD, hold it prior to development and implement an agreed marketing strategy for the site to identify a partner developer;

• To recommend to Council the preferred developer(s), to monitor negotiations with the developer(s) and to work with partners to oversee the development on the site;

• To undertake a regular and systematic monitoring of a risk management framework and to recommend to the Council such actions as may be needed to mitigate potential areas of risk;

• With partners, to recommend to Council an appropriate delivery mechanism for the future development, management and maintenance of the site;

• To provide a forum for community involvement and scrutiny of the project.

Delegation

As above

Derwent Valley Task Group

Terms of Reference:

• To consider and make recommendations to Council with regard to the re-development and regeneration of the Derwent Valley and associated projects.

Delegation

As above

Nuclear Issues Task Group

Terms of Reference:

• To consider the implications of nuclear decommissioning, nuclear new build and long term nuclear waste repository options for Allerdale and West Cumbria.
• To provide a forum for receiving presentations and reports from key external stakeholder groups on nuclear issues to Council.
• To help co-ordinate responses to various consultations from Government and the nuclear industry.
• To raise awareness of nuclear related issues amongst Members and Officers of the Council.
• To ensure community views are taken into account when formulating policy responses on nuclear and related issues.

Delegation

As above

White Paper Task Group

Terms of Reference

• To review the Local Government White Paper entitled Strong and Prosperous Communities and oversee the implementation of an action plan.

Terms of Reference:

To consider and decide upon applications received under the new Licensing Act 2003.

Terms of Reference:-

To provide independent assurance of the adequacy of the risk management framework and the associated control environment, independent scrutiny of the authority’s financial and non-financial performance to the extent that it affects the authority’s exposure to risk and weakens the control environment, and to oversee the financial reporting process including:

• Examining proposals for the Terms of Reference of Internal Audit;
• Approving the Internal Audit Strategic and Annual Plans;
• Reviewing the progress report from the Head of Internal Audit;
• Reviewing the progress report from External Audit summarising work done and emerging findings;
• Reviewing the Head of Internal Audit’s Annual Opinion and Report;
• Advising on the adequacy of management response to issues identified by audit activity, including external audit’s management letter;
• Quality assuring reports from Internal Audit reviews;
• Examining and approving the Statements of Accounts;
• Considering and approving the Annual Governance Statement