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.
No changes proposed – not reproduced
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.
No changes proposed – not reproduced
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.
No changes proposed – not reproduced
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.
No changes proposed – not reproduced.
Article 5 - Chairing the Council
This article sets out the role and function of the Mayor in chairing meetings of the Council.
No changes proposed – not reproduced
Article 6 - Overview and Scrutiny
This article sets out the essential sections on the Overview and Scrutiny function.
No changes proposed – not reproduced.
Article 7 - The Executive
This provides the basic components of the Executive.
No changes proposed – not reproduced
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.
No changes proposed – not reproduced
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.
No changes proposed – not reproduced.
New Article 10 - Audit Advisory Committee
This Article sets out the establishment and purpose of the Audit Advisory Committee
No changes proposed – not reproduced.
New Article 11 Champions
This Article sets out the appointment and role of Champions within the Authority.
No changes proposed – not reproduced
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.
No changes proposed – not reproduced.
Article 14 - Decision Making
This article sets out the principles of decision making
No changes proposed – not reproduced.
Article 15 - Finance, Contracts and Legal Matters
This refers to the financial and contract rules which are contained in Part 4 of the Constitution.
No changes proposed – not reproduced.
Article 16 - Review and Revision of the Constitution
This document sets out when and how the Constitution will be amended from time to time.
No changes proposed – not reproduced.
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.
No changes proposed – not reproduced.
Table 1 Responsibility for Local Choice Functions
No changes proposed – not reproduced.
Table 2 Responsibility for Council Functions
Council
No changes proposed – not reproduced
Planning Committee
No changes proposed – not reproduced
Licensing Committee
No changes proposed – not reproduced.
Standards Committee
No changes proposed – not reproduced.
Employment and Appeals Committee
No changes proposed – not reproduced
Table 3 Responsibility for Executive Functions
No changes proposed – not reproduced.
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 ChangeRule 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
No changes proposed – not reproduced.
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
No changes proposed – not reproduced.
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