Content

To postpone the scheduled annual State of Tendring
District speech by the Leader of the Council from the full Council
meeting on 31 March 2026, to the Annual Council meeting on 19 May
2026.
As such
the decision is to apply the following provisions of the
Council’s Constitution to the Annual Council meeting on 19
May 2026 on the basis that they would otherwise be contrary to the
adopted Pre-Election Period Guidance:

·       
Part 4 of the Council’s Constitution
establishes the procedure rules for Full Council
meetings.  Specifically, Rule 3 of
Section 1 of that Part sets out the business to be transacted at
Ordinary Meetings of the Council.  This
Paragraph requires that “At the last ordinary meeting of the
Council in the municipal year, […] the meeting will receive
the annual State of Tendring Statement from the
Leader.”
 

·       
In addition, Council Procedure Rule 17 repeats the
above provision and then sets out procedures relating to the
Statement.
 
In making
this decision, the Monitoring Officer has consulted with the
Chairman of the Council who, in a Council meeting, and by virtue of
Council Procedure Rule 25, has the right to rule on the
interpretation of the Council Procedure Rules.
 

Reasons for the decision

It is considered
that the constitutional requirement to take the annual State of
Tendring District statement from the Leader to Full Council at its
meeting on 31 March 2026 would fall foul of established
Pre-Election Period guidance and breach the Code of
Recommended Practice on Local Authority Publicity.
 
Therefore, this constitutional requirement will instead be
fulfilled at the next Full Council meeting outside of the
pre-election period, in this case the Annual Meeting of the Council
on 19 May 2026.

Alternative options considered

Not rescheduling
– this has been ruled out due to the risk of a breach of
pre-election period guidance as set out in the Code of Recommended
Practice on Local Authority Publicity and Pre-Election Period
guidance, which is a requirement under Section 2 of the Local
Government Act 1986 (as amended in 1988).
 
Re-scheduling to a
later meeting (e.g. the ordinary Full Council meeting on 2 June
2026) – this was rejected as it is important the State of
Tendring statement is conducted in a timely manner.