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Constitution Review Panel - Wednesday, 1 April 2026 - 7.00 pm
April 1, 2026 at 7:00 pm Constitution Review Panel View on council websiteSummary
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The Constitution Review Panel met to discuss a proposed revised Constitution for the Council. The panel was scheduled to review the existing Constitution, consider proposed amendments, and discuss financial regulations and contract procedure rules.
Review of the Constitution
The main item on the agenda was a comprehensive review of the Council's Constitution. The report pack outlined that the Constitution, last updated in May 2025, was being reviewed to modernise and streamline the document for clarity and usability, ensure compliance with current legislation and governance requirements, and reflect the Council's organisational structure and decision-making arrangements.
Key proposed changes included:
- Modernised Layout and Navigation: A clear three-part structure was proposed: Part 1 – Introduction, Part 2 – Responsibility for Functions, and Part 3 – Procedure Rules. Working Conventions were to be integrated into the main governance framework with clear precedence rules.
- Updated Terminology and Roles: Proper Officer functions were to be fully reviewed and updated, and Election Year Interim Arrangements aligned with current practice and statutory requirements.
- Policy and Governance Updates:
- Members' Code of Conduct: Full alignment with the Local Government Association's Model Councillor Code was proposed, with expanded guidance on behaviour, public engagement, confidentiality, social media, bullying, and harassment. Updated provisions for declarations, gifts, hospitality, sensitive interests, and the Monitoring Officer's public interest test were also included.
- Scheme of Delegation to Officers: An update was proposed to reflect current staffing structures, providing clearer authorisation routes, definitions of day-to-day decisions, and escalation points. Revised urgent decision-making and authorised deputies frameworks were also outlined.
- Public Participation: Clear and consistent procedures for public questions, deputations, speaking rights at committees, and scrutiny processes were to be integrated. Thresholds and timelines were to be rationalised.
- Executive & Non-Executive Functions: An updated table of Local Choice Functions was presented, with clearer distinctions between Council, Cabinet, and Committee responsibilities. Refreshed listings of all committees, sub-committees, and panels were also included. Cabinet Procedure Rules, based on current procedures, were to be incorporated.
- Financial & Contractual Governance:
- Financial Regulations: Updated to reflect the latest legislation, accounting codes, and internal control framework, with enhanced clarity on the responsibilities of the Chief Finance Officer and budget holders. Cabinet approval would be required for tenders above £0.250m.
- Contract Procedure Rules: Updated to include requirements of the Procurement Act 2023, with clearer guidance on thresholds, waivers, exemptions, and compliance expectations.
- Members' Allowances Scheme: The full scheme was to be moved inside the Constitution for improved accessibility. Updated figures for 2025–26 were included, with a mechanism for annual adjustment. Rules regarding Special Responsibility Allowances, Travel and subsistence, Childcare and dependant-care allowances, and Co-optee and Independent Person payments were clarified.
- Options for Consideration of Motions with Notice at Council Meetings: The report discussed potential changes to the rules for submitting and debating motions at Council meetings, aiming to address issues where motions might become irrelevant by the time they are considered. Research into arrangements in other local authorities was presented, with proposals for consideration to improve the process in Bexley.
- Planning Procedure Rules: The report noted that these rules had not been reviewed for some time and suggested Members might wish to initiate a review based on experience.
- Civic Recognition Panel: Members were to consider whether the Panel should be given the authority to make Civic Recognition Awards, as currently it only makes recommendations to the Council.
An overview from the independent consultant, Geoff Wild, was also scheduled. His report highlighted that Bexley's constitution, originally adopted in 2001, had not benefited from a holistic update for a number of years. He described the current document as a patchwork quilt
that was not always internally consistent or easily accessible, being lengthy, complex, and sometimes conflicting. The report recommended a thorough overhaul to ensure legal compliance, improved accessibility, and a streamlined approach to efficient and effective decision-making. Key changes proposed by the consultant included ensuring legal compliance, updating statutory references, reviewing the committee structure for clarity, revising the officers' scheme of delegation, and updating the Contract Procedure Rules to account for the Procurement Act 2023.
The report recommended that, subject to any amendments, the Council adopt the revised Constitution. The next steps outlined were the submission of revised Financial Regulations and Contract Procedure Rules to the General Purposes and Audit Committee for endorsement, followed by submission of the Constitution to Full Council for formal approval.
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