Review of the Constitution

May 7, 2025 Council (Other) Approved View on council website

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Summary

... to approve a new Council Constitution, including articles, procedures, and codes of conduct, following a review and consideration of feedback from the Governance Committee.

Full council record
Content

With Cllr Tam voting against the motion it was, RESOLVED
 

1.     
To note and consider the feedback from the three meetings of
the Governance Committee held to consider the review of the
Constitution.

2.     
To approve the new Constitution of the Council attached to
the report, specifically noting and approving the matters listed in
Recommendations 3 to 24 below.

3.     
Part 1 – Summary & Explanation,
attached to the report as Appendix
1.

4.     
Part 2 - Council’s Articles -
to approve the Articles of the Constitution appended
to the report at Appendix 2, particularly noting:

·    
The deletion of references to Local Assemblies, as detailed
in paragraph 5.3 of this report;

·    
The additional wording included in Article 6.13 confirming
the political balance rules apply to Task & Finish Groups, as
detailed in paragraph 5.4 of this report;

·    
The additional wording included in Article 9 for the Terms of
Reference for Strategic Planning Committee as detailed in paragraph
5.5 of this report.

5.     
Part 3 – Responsibility for Functions
- to approve the Responsibility for Functions,
appended to this report as Appendix 3, particularly
noting:

·    
The inclusion of Chief Executive urgency provisions as
detailed in paragraph 6.4;

·    
The Scheme of Delegation is structured as a single Scheme of
Delegation covering both Executive and Non-Executive
delegations;

·    
That the Scheme of Delegation is structured to allow officers
to make decisions relating to any Executive and Non-Executive
Council function falling within their area, with clearly stated
‘reserved matters’ and subject to compliance with other
elements of the Constitution, e.g., the Financial Procedure Rules,
Contract Procedure Rules and the Protocol for Officers Making
Decisions;

·    
That the current requirement for a Mayor & Cabinet
decision to make a grant funding application is removed from the
Scheme of Delegation and that a provision is included that where
officers are considering making an application for grant funding
that they first consult with the relevant Cabinet Member and/or the
Mayor.

6.            
The Council Procedure Rules - to approve the Council
Procedure Rules, attached to this report as Appendix 4,
particularly noting:
·    
The revised rules relating to Motions on Notice, as detailed
in paragraph 7.3 of this report.
·    
The restrictions on the business that can be conducted at an
extraordinary meeting of the Council, as detailed in paragraph 7.5
of this report.
·    
The restrictions on the business that can be conducted at the
budget meeting of the Council, as detailed in paragraph 7.7 of this
report.
·    
The revised rules relating to councillor and public
questions, as detailed in paragraph 7.9 of this report.
·    
The revised end of meeting guillotine provisions, as detailed
in paragraph 7.11 of this report.

7.            
The Executive Procedure
Rules- to approve the Executive Procedure Rules,
attached to this report as Appendix
5, particularly noting the deletion of references
to Local Assemblies.

8.            
The Committee Procedure
Rules- to approve the Committee
Procedure Rules, attached to this report as Appendix 6,
particularly noting:

·    
The amendment to confirm that Chairs and Vice chairs of
committees and sub committees are determined at the Annual General
Meeting of Council, as detailed in paragraph 7.22 of this
report;

·    
The revised provisions that detail the disapplication of
specific Council Procedure Rules to committees and sub committees
as detailed in paragraph 7.22 of this report.

9.            
The Scrutiny Procedure Rules
- to approve the Scrutiny Procedure Rules attached to this
report as Appendix 7, particularly
noting:
·    
The deletion of references to Local
Assemblies;

·    
That Cabinet Advisors cannot sit on the Overview &
Scrutiny Committee but can sit on scrutiny select committees
provided the remit of the select committee does not conflict with
the portfolio supported by the Cabinet Advisor as detailed in
paragraph 7.27 of this report;

·    
With regard to call-in that:

·    
Specific and reasonable reasons for call-in must be
stated;

·    
The Monitoring Officer will consider the validity of any
call-in application and consult with the Chair of Overview &
Scrutiny in advance of rejecting any application;

·    
All executive decisions are subject to call-in with the
exception of decisions to note reports and decisions to recommend
matters for onward consideration and decision by Council;
and

·    
In order to be valid any application for call-in must be
supported by a minimum of seven councillors that are not members of
the Executive or Cabinet Advisors
as detailed in paragraph 7.27 of this
report.

10.         
The Access to Information
Rules, attached to this report as
Appendix 8;

11.         
The Budget & Policy Framework
- to approve the Budget & Policy Framework,
attached to this report as Appendix 9, particularly noting
that references to Overview & Scrutiny Committee or any of its
sub committees requiring that additional budget consultation is
undertaken are removed; and that the period of time for Council to
meet following a call-in being referred to it by the Overview and
Scrutiny Committee be amended to within 21 calendar
days.

12.         
The Finance Procedure Rules - to approve the Financial
Procedure Rules, attached to this report as Appendix 10,
particularly noting:

·    
The wording should be amended to reflect that the outturn
reporting is included in the routine financial reports that go to
Council.

·    
The requirement that income receipts over £100,000
shall be notified to the Section 151 Officer in advance of receipt
is deleted;

·    
The recording threshold is increased to £40,000 (rather
than £20,000 as currently) for assets valued at purchase to
be logged and the reference to a specific IT product is
deleted.

·    
Council staff under local management arrangements are
expected to respect and uphold the Financial
Regulations.
As detailed
in paragraph 8.3 of this report.

13.         
The Contract Procedure Rules - to approve the Contract
Procedure Rules, attached to this report as Appendix 11,
particularly noting:
·    
References to the Community
Right to Challenge should be removed from the Contract
Procedure Rules, as set out in paragraph 9.6 of this
report;
·    
When calculating the value of
procurement exercises, the figures should be inclusive of VAT to
align with the Procurement Act 2023, as set out in paragraph 9.6 of
this report;
·    
The Section 151 Officer and
Monitoring Officer should determine the level and nature of
security for contracts, taking into account the nature and risks of
the contract, as set out in paragraph 9.6 of this
report;
·    
Quotations and Tenders should
be obtained as set out in paragraph 9.6 of this report;
·    
Arrangements for signing and
sealing should be as set out in paragraph 9.6 of this
report.

14.         
The Employment Procedure Rules, attached to this
report as Appendix 12.
15.         
The Members’ Code of Conduct - to note the
decision of the Council’s Standards Committee dated
9th April 2025 and to approve the Members’ Code of
Conduct, attached to this report as Appendix
13.

16.         
The Protocol for Member/Officer Relations - to approve
the Protocol for Member/Officer Relations, attached to this report
as Appendix 14, particularly noting:

·    
That example scenarios be included in the
Protocol as detailed in paragraph 12.3 of this report;

·    
That provisions relating to the relationship with committee
chairs and the scrutiny function be included in the Protocol as
detailed in paragraph 12.3 of this report;

·    
That the Protocol contain provisions on what to do when
things go wrong or there are potential breaches of the Protocol as
detailed in paragraph 12.3 of this report.

17.         
The Employee Code of
Conduct, attached to this report as
Appendix 15.

18.         
With regard to the Protocol on Member use of IT, to
note that officers are to carry out a review of the current
arrangements and policies with councillors  with
a view to having any revised arrangements and policies in place in
advance of the new member induction programme following the May
2026 local elections.

19.         
The Protocol on Planning and Lobbying - to approve the
Protocol on Planning and Lobbying, attached to this report as
Appendix 16, particularly noting:

·    
The inclusion of a requirement for all Council planning
applications to be considered by committee;

·    
The inclusion of a requirement for members of the committee
to attend training before sitting on the committee;

·    
The inclusion of a requirement that to be able to vote
committee members must be present throughout the duration of the
item being discussed.
As
detailed in paragraph 14.3 of this report.

20.         
Local Authority Code on Publicity,
attached to this report as Appendix 17.

21.         
Guidance for Members on Outside Bodies,
attached to this report as Appendix 18.

22.         
Licensing Remote Hearing Protocol - to
note the decision of the Council’s Licensing Committee dated
24th April 2025 and to approve the Licensing Remote
Hearing Protocol, attached to this report as Appendix
19.

23.         
Appendices to the Constitution, to
approve the following as Appendix 1 to Appendix 8 to the
Constitution, attached to this report as Appendix
20:

24.     To note that the
Monitoring Officer will provide a further report to Council at its
meeting on Wednesday 26th November 2025, which will
consider the effectiveness of the new Constitution and make
suggestions for any further amendments considered
necessary.
 

Related Meeting

AGM, Council - Wednesday, 7th May, 2025 7.30 pm on May 7, 2025

Supporting Documents

Review of the Constitution - 07.05.25.pdf

Details

OutcomeRecommendations Approved
Decision date7 May 2025