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 with effect from 1 April 2024, to
correct errors and resolve inconsistences:
 
i) 
For clarification to amend references to the
"Executive Leader" to "Leader" where it refers to the arrangements
in Lancashire. The term "Executive Leader" remains where it refers
to the statutory role.
 
ii) 
For accuracy to amend references from electoral
"wards" to electoral "divisions".
 
iii) 
For accuracy to remove from the list of Proper
Officers, under the Local Government Act 1972: "The officer
responsible for certifying or obtaining a certificate of 'Best
Consideration' on the disposal of land and property."
 
iv) 
For accuracy to remove from the list of Proper
Officers, under the Control of Pollution (Amendment) Act 1989: "The
authorised officer to seize a vehicle or its contents in relation
to the performance functions under the Act" As this is a district
function.
 
v) 
For accuracy to update, in the list of Proper
Officers, the legislative references and officer responsibilities
relating to the Regulation of Investigatory Powers.
 
vi) 
For accuracy to amend, in the list of Proper
Officers, the officer responsible for functions under the
Registration Service Act 1953 and Regulations 1968-1994 to be the
Libraries, Culture and Registration Services Manager.
 
vii) 
Due to a duplication, to remove from the Scheme of
Delegation to Officers table of responsibilities (section 9.52) the
matter reserved to the Director of Law and Governance: "Affixing
and attesting of the common seal."
 
viii) 
 In order to provide
clarification, to add to the Procurement Rules paragraph 12.6.3
that, notwithstanding the provisions of 12.5, any contract that
meets the following criteria must be made under seal: "Any
agreement with a value in excess of the Key Decision threshold
unless the requirement is waived (as agreed by Legal Services and
recorded in the Scheme of Delegation database)."
 
ix) 
To amend some references to the Standing Orders
throughout Section 10 so that cross-references are
correct.