Purpose

 
This is a decision to make
minor changes to the council's Constitution, to correct an error or
resolve an inconsistency.
 
Procurement Rules –
Section 8.1
 
Section 8 of the Procurement
Rules sets out the requirements for different categories and values
of procurement activity.
 
The table at section 8.1
includes an asterisk next to the table heading "Threshold 3". This
is a typing error and therefore the asterisk should be
deleted.
 
The first asterisk (*) under
section 8.1 includes reference to paragraph 6.6. This is a
numbering error and should refer to section 8.8 instead.
 
To correct these errors,
section 8.1 of the Procurement Rules will be amended to remove the
asterisk from "Threshold 3" and to change the reference from "para
6.6" to "section 8.8".
 
 
Procurement Rules –
Section 7.12
 
Section 7 of the Procurement
Rules sets out the requirements for the use of different
procurement actions.
 
Currently, section 7.12.5 sets
out that no new Dynamic Purchasing System (DPS) contracts can be
set up and that, with the exception of DPSs procured for services
under the Light Touch regime, any remaining call-off contracts let
under a DPS will automatically expire on 23 February 2029. However,
this expiry date does not align withthe
government's guidance on transitional and saving
arrangements, which was published in
November 2024.
 
To correct this error and
ensure compliance with government guidance, section 7.12.5 of the
Procurement Rules will be amended as follows:
 
7.12.5 No process to
establish new Dynamic Purchasing Systems shall commence on or after
24 February 2025. Existing Dynamic Purchasing Systems shall
expire on their stated expiry date or 23 February 2029, whichever
is earlier. Any contract awarded under an existing Dynamic
Purchasing System will continue until that contract comes to an end
and will be managed under the Public Contracts Regulations 2015,
even if the Dynamic Purchasing System has terminated prior to that
point. Dynamic Purchasing Systems procured for Services under the
Light Touch regime are not subject to the automatic expiry date
stated above.
 
Accordingly, section 7.12.4
will also be amended to remove its reference to section 7.12.5,
which is no longer necessary.
 
 
Procurement Rules –
Section 13.4
 
Section 13 of the Procurement
Rules sets out the required activity to ensure the council's
compliance with the Rules and procurement legislation.
 
In accordance with section
13.4, Directors are required to prepare a report on any
circumstances in which a compliant route cannot be identified. It
is implied that this report must be shared with the Head of
Internal Audit and the Monitoring Officer but not stated
explicitly.
 
To clarify this point, section
13.4 will be amended as follows:
 
13.4 Identifying a compliant
route for the activity is considered the priority. In the rare
occasions that a compliant route cannot be identified the Director
must inform the Head of Internal Audit and the Monitoring Officer.
The Director must draft a report on the non-compliance, and the
steps taken to minimise risk and prevent reoccurrence, which
will be provided to the Head of Internal Audit and the Monitoring
Officer. The Cabinet Members responsible for both Procurement
and the relevant service area must be consulted on this
report.
 
 
Full Council Procedural
Standing Orders – Section 40
 
Section 40 of the Full Council
procedural standing orders relate to amendments to
motions.
 
Section 40.1 provides that a
councillor may move one amendment per motion. Reference to
"motions" here and throughout section 40 includes notices of motion
as well as the recommendations included in a report to the meeting,
which become the motion once the report has been moved and
seconded.
 
To clarify this point, section
40.1 will be amended as follows:
 
40.1 A councillor may move one
amendment per motion. For the avoidance of doubt, 'motion'
includes the recommendations set out in a report once they have
been moved and seconded.
 
Section 40.4 sets out that the
Chair, following consultation with the Monitoring Officer, may
reject an amendment to a motion in accordance with certain
criteria. To ensure consistency with the other Full Council
procedural standing orders and because the Chief Executive provides
advice to the Chair throughout Full Council meetings, this section
should refer to the Chief Executive rather than the Monitoring
Officer.
 
To correct this error, section
40.4 will be amended as follows:
 
40.4 The Chair, following
consultation with the Chief Executive, may reject an
amendment on any of the grounds set out in Standing Order
34.
 
 
Employment Committee Terms of
Reference – Section A
 
Section A of the Employment
Committee's Terms of Reference sets out the committee's powers and
responsibilities in relation to the appointment and dismissal of
senior and statutory officers.
 
Paragraph g) provides that the
committee shall exercise all necessary functions required by the
NJC Conditions of Services, including determining any issues or
discretions in relation to those conditions.
 
It is implied that this
includes significant changes to the terms of employment of senior
officers, for example secondment agreements or additional statutory
responsibilities. However, it is not explicitly stated.
 
To clarify this point, a new
paragraph h) will be added to the committee's Terms of Reference as
follows:
 
h)
The Committee shall be responsible for approving any significant
changes to the employment arrangements and conditions of Senior
Officers and other statutory officers listed at paragraph (b).
"Significant changes" refers to any contractual changes that
require formal consultation with the employee.
 
The subsequent paragraph
numbers and references will be updated accordingly.
 
 
Pension Fund Committee Terms of
Reference
 
Appendix A to the Pension Fund
Committee's Terms of Reference sets out the matters reserved to the
committee under the Local Pensions Partnership Ltd Shareholder
Agreement.
 
Paragraphs e) and f) repeat a
provision which is already set out at paragraph o), as
follows:
 
e) Information to shareholders
- LPP unaudited accounts within 30 days of financial year
end.
 
f) Annual Report - LPP Signed
annual accounts, within 6 months of financial year end.
 
[…]
 
o) Receive the annual accounts
of JVCo.
 
To remove this duplication,
paragraphs e) and f) will be removed from Appendix A to the
committee's Terms of Reference.
 
The subsequent paragraph
numbers and references will be updated accordingly.
 
 
Proper Officers – Section
9.33
 
Section 9.33 of the
Constitution sets out the list of Proper Officer appointments.
Proper Officers are appointed to carry out certain functions
required by law.
 
Due to changes in the council's
officer management structure, the list of Proper Officers needs
updating as follows:
 
Counter Terrorism and Security
Act 2015 – the Proper Officer will be amended from the
Director of Strategy and Performance to the Director of Public
Health, Wellbeing and Communities.
 
Localism Act 2011 – the
Proper Officer under Schedule 2, Part 1, paragraph 9FB (designation
as Scrutiny Officer) will be amended from the Democratic and Member
Services Manager to the Head of Democratic Services.
 

Content

 
Heloise MacAndrew, Director of Law and Governance took a
decision:
 
1. 
For accuracy, to amend section 8.1 of the
Procurement Rules by removing the asterisk from "Threshold
3".
 
2. 
For accuracy, to amend section 7.12.5 of the
Procurement Rules as follows:
 
7.12.5 No process to
establish new Dynamic Purchasing Systems shall commence on or after
24 February 2025. Existing Dynamic Purchasing Systems shall expire
on their stated expiry date or 23 February 2029, whichever is
earlier. Any contract awarded under an existing Dynamic Purchasing
System will continue until that contract comes to an end and will
be managed under the Public Contracts Regulations 2015, even if the
Dynamic Purchasing System has terminated prior to that point.
Dynamic Purchasing Systems procured for Services under the Light
Touch regime are not subject to the automatic expiry date stated
above.
 
And accordingly, to
remove the reference to 7.12.5 in section 7.12.4.
 
3. 
For accuracy, to amend section 8.8 of the
Procurement Rules by replacing the reference from "para 6.6" to
"section 8.8".
 
4. 
For clarification, to amend section 13.4 of the
Procurement Rules as follows:
 
13.4 Identifying a
compliant route for the activity is considered the priority. In the
rare occasions that a compliant route cannot be identified the
Director must inform the Head of Internal Audit and the Monitoring
Officer. The Director must draft a report on the non-compliance,
and the steps taken to minimise risk and prevent reoccurrence,
which will be provided to the Head of Internal Audit and the
Monitoring Officer. The Cabinet Members responsible for both
Procurement and the relevant service area must be consulted on this
report.
 
5. 
For clarification, to amend section 40.1 of the Full
Council Procedural Standing Orders as follows:
 
40.1 A councillor may
move one amendment per motion. For the avoidance of doubt, 'motion'
includes the recommendations set out in a report once they have
been moved and seconded.
 
6. 
For accuracy, to amend section 40.4 of the Full
Council Procedural Standing Orders as follows:
 
40.4 The Chair,
following consultation with the Chief Executive, may reject
an amendment on any of the grounds set out in Standing Order
34.
 
7. 
For clarification, to amend Section A of the
Employment Committee Terms of Reference by adding a new paragraph
(h) as follows:
 
(h) The Committee
shall be responsible for approving any significant changes to the
employment arrangements and conditions of Senior Officers and other
statutory officers listed at paragraph (b). "Significant changes"
refers to any contractual changes that require formal consultation
with the employee.
 
8. 
For clarification, to amend Appendix A of the
Pension Fund Committee's Terms of Reference by removing paragraphs
e) and f).
 
9. 
For accuracy, to amend section 9.33 (the list of
Proper Officer appointments) as follows:
 
Counter Terrorism and
Security Act 2015 – Director of Public Health, Wellbeing and
Communities
 
Localism Act 2011
– Schedule 2, Part 1, paragraph 9FB (designation as Scrutiny
Officer) – Head of Democratic Services