APPENDIX 1

COUNCIL CONSTITUTION – SUMMARY OF THE MAIN PROPOSED AMENDMENTS

PART I – SUMMARY AND EXPLANATION

The summary and explanation is a short and accessible description of the Council’s Constitution and method of governance.

No Changes proposed – not reproduced.

PART 2 – ARTICLES

Article 1 - The Constitution

This article sets out the fundamental provisions of the Constitution.

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Article 2 - Members of the Council

This article sets out the composition of the Council, eligibility to stand for election as a Member of the Council, and the form of election to be used. This article also contains a section in which local authorities can provide a statement of the roles and functions of Members of the Council.

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Article 3 - Citizens and the Council

The Council and its Constitution should be outward looking and seek to engage with the public wherever possible. Setting out what citizens can expect from their Council and what rights they have is therefore an important part of a Constitution.

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Article 4 - The Council Meeting

In drawing up the Constitution it is important that careful consideration is given to the role of the Council. The Local Government Act 2000 and associated guidance in Regulations gives the Council responsibility for approving the Policy Framework and Budget. In executive form the Council as a whole retains responsibility for regulatory functions and would have a role in holding executives to account.

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Article 5 - Chairing the Council

This article sets out the role and function of the Mayor in chairing meetings of the Council.

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Article 6 - Overview and Scrutiny

This article sets out the essential sections on the Overview and Scrutiny function.

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Article 7 - The Executive

This provides the basic components of the Executive.

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Article 8 - Regulatory and Other Committees

Planning and Licensing are not executive functions. The Council needs to create committees to undertake these functions. The Council may also establish a committee or committees to deal with personnel and related matters as this is a Council rather than an executive function.

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Article 9 - The Standards Committee

Part 3 of the Local Government Act 2000 requires all local authorities to have a Standards Committee. This article sets out the composition of this Committee and its Terms of Reference.

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New Article 10 - Audit Advisory Committee

This Article sets out the establishment and purpose of the Audit Advisory Committee

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New Article 11 Champions

This Article sets out the appointment and role of Champions within the Authority.

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Article 12 Joint Arrangements.

The Local Government Act 2000 and supporting Regulations enable Local Authorities to make use of joint arrangements in other authorities and delegate executive and other functions to them.

No changes proposed - not reproduced.

Article 13 - Officer’s Roles and Statutory Officer Function

This article specifies Chief Officer posts and functions designated to posts including those Officers with statutory responsibilities.

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Article 14 - Decision Making

This article sets out the principles of decision making

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Article 15 - Finance, Contracts and Legal Matters

This refers to the financial and contract rules which are contained in Part 4 of the Constitution.

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Article 16 - Review and Revision of the Constitution

This document sets out when and how the Constitution will be amended from time to time.

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Article 17 - Suspension, Interpretation and Publication of the Constitution

This article ensures that the articles of the Constitution may not be suspended. This provides certainty and stability to fundamental aspects of the Council’s governance.

No changes proposed – not reproduced.

Schedule 1 – Description of Executive Arrangements

No changes proposed - not reproduced.

PART 3 - RESPONSIBILITY FOR FUNCTIONS AND SCHEME OF DELEGATION

This section of the Constitution summarises which part of the decision making process is responsible for which functions. It includes the Scheme of Delegation to Officers. The allocation of functions is set out in a tabular format, Table 1 identifying local choice functions, Table 2 Council functions i.e. non Executive and Table 3 The Executive functions to be discharged by the Cabinet.

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Table 1 Responsibility for Local Choice Functions

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Table 2 Responsibility for Council Functions

Council

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Planning Committee

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Licensing Committee

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Standards Committee

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Employment and Appeals Committee

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Table 3 Responsibility for Executive Functions

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Scheme of Delegation to Officers and Proper Officer Appointments

Amended to take account of re-reorganisation/restructuring

General Delegations

Amended to clarify extent of delegation to officers under the Scheme.

Specific Delegations:

Proposed changes to delegations highlighted with track changes.

Cabinet Portfolios

No changes proposed – not reproduced.

Appeals Panels and Other Bodies

No changes proposed – not reproduced.

PART 4 - COUNCIL PROCEDURE RULES

SUMMARY OF MAIN PROPOSED AMENDMENTS FROM THE MEMBER PANEL ON THE CONSTITUTION

Rule / Heading / Proposed Change
Rule 9 / Questions by the Public / Amend to:
·  Limit the time allowed for questions to 30 minutes, or to answer five questions, whichever is completed sooner, with no discretion to extend.
·  Provide for any questioner who does not have their question answered either receives a written answer or has the opportunity to ask the question at the following meeting.
·  Limit the number of questions to one per person.

4.2 Access to Information Procedure Rules

No changes proposed – not reproduced.

4.3 Budget and Policy Framework Procedure Rules

No changes proposed – not reproduced.

4.4 Executive Procedure Rules

No changes proposed – not reproduced.

4.5 Overview and Scrutiny Procedure Rules

No changes proposed – not reproduced

4.6 Financial Procedure Rules.

No changes proposed – not reproduced.

4.7 Officer Employment Procedure Rules.

No Changes proposed – not reproduced.

PART 5 – ETHICAL FRAMEWORK

5.1 Local Code of Conduct for Members

No Changes proposed – not reproduced.

5.2 Planning Code for Conduct for Members and Officers

No changes proposed – not reproduced.

5.3 Licensing Code of Conduct for Members and Officers

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5.4 Local Code of Conduct for Employees.

No changes proposed – not reproduced.

5.5 Local Code of Conduct Governing Relations between Elected Members and Council Employees

No changes proposed – not reproduced

5.6 Whistleblowing Policy and Procedure

No changes proposed – not reproduced.

5.7 Monitoring Officer Protocol

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5.8 Guidance on Gifts and Hospitality

No changes proposed – not reproduced.

5.9 Anti-Fraud and Corruption Strategy in Policy

No changes proposed – not reproduced.

5.10 Joint Protocol on seeking the views of the External Auditor on the legality of Council transactions.

No changes proposed – not reproduced.

5.11 Policy Statement on Corporate Governance

No changes proposed – not reproduced.

5.12  Guidance for Members and staff in relation to Members’ involvement in Housing and Council Tax Benefits work.

No changes proposed – not reproduced

PART 6 MEMBERS ALLOWANCES SCHEME

No amendments proposed - not reproduced. Schedule of payments updated.

PART 7 MANAGEMENT STRUCTURE

No changes proposed – not reproduced.

Ncatherine Council Constitution – Suggested amends 2008