Updates to the Constitution
May 13, 2024 Director of Law and Governance (Officer) Approved View on council websiteThis summary is generated by AI from the council’s published record and supporting documents. Check the full council record and source link before relying on it.
Summary
...to correct minor errors and resolve inconsistencies within the Council's Constitution, including amendments to officer delegation schemes, updating the management structure, clarifying indemnity provisions, and updating officer titles.
Full council record
Purpose
This is a decision to make changes, to correct
minor errors and resolve inconsistencies, to the
Constitution.
Content
Heloise MacAndrew, Director of Law and
Governance, took a decision to make the following changes to the
Council's Constitution, to correct errors and resolve
inconsistencies:
i) For
clarification, to amend paragraph a) of section 9.41 (Scheme of
Delegation to Officers) as follows:
"Officers set out
in the Scheme are expected to ensure that the relevant councillors,
including portfolio holders (Cabinet Members), Committee Chairs and
local councillors are informed and consulted when exercising any
delegations, whether general delegations set out in this Scheme or
project specific or temporary delegations given by the Cabinet,
Council or a Committee, as appropriate."
ii) For
clarification, to amend section 9.42 (Scheme of Delegation to
Officers) as follows:
Officer
Consultation
a) Officers are
required to ensure that they seek and consider advice of relevant
officers, including (but not limited to) Legal, Finance and
Commerce, People, Digital, and Estates, in advance of any decision
under this scheme being taken.
b) Officers are
required to ensure that the instruction of the Chief Executive
(Head of Paid Service), Executive Director of Resources (Chief
Financial Officer) and the Director of the Law and Governance
(Monitoring Officer), or their representatives, is sought and
followed in advance of any decision under this scheme being
taken.
iii) For accuracy, to
amend section 9.51 (Scheme of Delegation to Officers) to reflect
the Council's up-to-date management structure, as set out at
Appendix 'A'.
iv) For clarification,
to amend paragraph 7 of section 9.52 (Scheme of Delegation to
Officers) as follows:
Reserved to the
Executive Director of Resources:
To provide any
indemnity on behalf of the Council (in consultation with the
Director of Law and Governance).
(For the avoidance
of doubt, indemnities which are incorporated into any of the
Council's standard terms and conditions, or equivalent indemnities
incorporated into a third-party agreement which have been subject
to Legal review, do not require authorisation from the EDoR.)
v) For accuracy, to
amend the Proper Officer to be Chief Inspector of Weights and
Measures, under the Weights and Measure Act 1985, to Head of
Trading Standards and Scientific Services.
vi) For accuracy and in
line with the Chartered Institute of Public Accountancy and
Finance's guidance, to amend all references to the "Chief Finance
to Officer" to the "Chief Financial Officer".
Details
| Outcome | Recommendations Approved |
| Decision date | 13 May 2024 |