Article 7 – The Executive

7.01    Role

The Executive will carry out all of the local authority’s functions which are not the responsibility of any other part of the local authority, whether by law or under this Constitution.

7.02    Form and composition

Only Councillors may be appointed to the Executive. There may be no co-optees and no deputies or substitutes for Executive Members. Neither the Chair nor Vice-Chair of the Council may be appointed to the Executive and members of the Executive (including the Leader) may not be members of an Overview and Scrutiny Committee.

The Executive will consist of the Leader elected by the Council, together with at least 2, but not more than 9, Councillors appointed to the Executive by the Leader.  Should any member(s) of the Executive cease to hold office as such, or in the opinion of the Leader become disabled (temporarily or permanently) from performing the duties of their office, the Leader may remove them from office, and/or may appoint any other Councillor(s) to the Executive.  In no case, however, shall the total membership of the Executive (including the Leader) exceed 10.  The Leader’s powers of removal/appointment shall be exercisable by giving written notice to the Assistant Chief Executive Legal and Democratic Services.

7.03    Leader

The Leader will be a Councillor elected to the position of Leader by the Council. The Leader will hold office until:

(a)        they resign from the office; or

(b)        they are disqualified from being a Councillor under Part I Chapter 7 of the Localism Act 2011; or

(c)        they are no longer a Councillor; or

(d)        they are removed from office by resolution of the Council; or

(e)        the day of the post-election annual meeting which follows their election as Leader.

The Leader will appoint a member of the Executive to be Deputy Leader and may remove the Deputy Leader from Office if the Leader thinks fit.  Where a vacancy occurs in the office of Deputy Leader, the Leader must appoint another member of the Executive to take their place.  If for any reason the Leader is unable to act or the office of Leader is vacant, the Deputy Leader must act in their place.

If for any reason –

(a)       the Leader is unable to act or the office of Leader is vacant, and

(b)       the Deputy Leader is unable to act or the office of Deputy Leader is vacant, the Executive must act in the Leader’s place or must arrange for a member of the Executive to act in their place.

7.04    Other Executive Members

Other Executive Members shall hold office until:

(a)        they resign from office; or

(b)        they are no longer Councillors; or

(c)        they are removed from office, either individually or collectively, by the Leader under 7.02 above.

7.05    Proceedings of the Executive

(a)        Proceedings of the Executive shall take place in accordance with the Executive Procedure Rules set out in Part 4 of this Constitution.

(b)        Access to information legislation sets out additional requirements upon local authority decision-making in relation to executive matters.  These are incorporated in the Council’s Access to Information Procedure Rules set out in Part 4 of the Constitution.

7.06    Responsibility for Functions

The Leader will maintain in Part 3 of this Constitution statements setting out the responsibilities of individual members of the Executive, committees of the Executive, Area Committees, Officers or joint arrangements, including responsibilities for the exercise of particular executive functions.

7.07 Membership

The names and addresses of members of the Executive are also contained in the list referred to in paragraph 7.06.

7.08 Committees

            The Executive shall have power to establish one or more committees, and to delegate powers to any such committee(s).  Details of such committees, and their delegated powers, shall be set out in Part 3 of this Constitution.