The meeting of Derbyshire County Council's Constitution committee was scheduled to discuss the entirety of the Council's governing document, the Constitution. This comprehensive review included proposed updates to various articles and appendices that outline the council's structure, decision-making processes, member conduct, and operational procedures.

The Constitution

The primary focus of the meeting was the review and potential adoption of Derbyshire County Council's Constitution, Version 23.0, dated April 2026. The report pack provided a detailed breakdown of the proposed changes and updates across all articles and appendices of the Constitution.

Article 1 – The Constitution

This article outlines the fundamental purpose and interpretation of the Constitution. It details how the Council operates, including its commitment to providing leadership, supporting citizen involvement, and ensuring effective decision-making and accountability. The purpose of the Constitution is to:

• enable the Council (in partnership with citizens, businesses and other organisations as appropriate) to provide broad leadership to and support for the communities of Derbyshire to improve their economic social and environmental well-being.
• support the active involvement of citizens in the process of local authority decision-making.
• help Councillors represent their constituents more effectively.
• make clear how the Council is to operate, and enable decisions to be taken efficiently and effectively.
• create a rigorous means by which decision-makers can be held to public account.
• ensure that no one will review or scrutinise a decision in which they are directly involved.
• ensure that those responsible for the decision-making are clearly identifiable to local people and that they explain the reasons for the decisions.
• provide a means of improving the delivery of services to the community to meet the County Council's vision, as expressed in the policy themes in the Council's Corporate Plan.

The article also covers the interpretation and review of the Constitution, ensuring that any chosen course of action aligns with the stated purposes. It clarifies that previous policies and decisions remain in effect unless amended or replaced by the Constitution.

Article 2 – Members of the County Council

This article details the composition of the Council, eligibility for election, and the roles and functions of all councillors. It outlines that the Council comprises 64 members, elected from 61 electoral divisions. Key roles for all councillors include:

• collectively be the ultimate policy-makers as set out in the Constitution and carry out strategic and corporate management functions.
• contribute to the good governance of the area and encourage community participation and citizen involvement in decisionmaking.
• effectively represent the interests of their electoral divisions and of individual constituents and bring their views into the Council's decision-making process.
• respond to constituents' enquiries and representations fairly and impartially.
• participate in the governance and management of the Council, including scrutiny arrangements as appropriate.
• be available to represent the Council on other bodies.
• maintain the highest standards of conduct and ethics in the conduct of the business of the Council or their office and comply with their Code of Conduct.

It also covers councillors' rights and duties regarding access to information, conduct, and allowances.

Article 3 – Citizens and the County Council

This article outlines the rights of citizens, including their rights to vote, sign petitions, access information, and participate in council meetings. It details the Council's Petition Scheme¹ and the Access to Information Procedure Rules². Citizens' responsibilities are also noted, emphasizing respectful conduct towards councillors and officers. The article also highlights the Council's commitment to promoting equal opportunities.

Article 4 – The Full Council

This article defines the functions reserved for the Full Council, which include adopting and changing the Constitution, approving the policy framework and budget, appointing the Leader, and agreeing terms of reference for committees. It clarifies that the Full Council cannot deal with matters that are the responsibility of the Cabinet. The article also outlines the different types of Council meetings (annual, ordinary, and extraordinary) and the Council Procedure Rules³ governing their conduct.

Article 5 – The Chairman of the County Council

This article details the role and functions of the Chairman of the County Council. The Chairman is elected annually and is responsible for presiding over Council meetings, upholding the Constitution, interpreting Council Procedure Rules, and promoting public involvement. The Chairman may exercise a casting vote in case of an equality of votes. The Chairman of the Council cannot be appointed to the Cabinet.

Article 6 – The Leader of the Council and Cabinet

This article outlines the Leader and Cabinet model of governance adopted by the Council. It details the Leader's responsibility for discharging all cabinet functions ⁴ and their authority to delegate these functions. The article specifies the form and composition of the Cabinet, the Leader's appointment powers, and the roles of the Deputy Leader. It also covers the proceedings of the Cabinet and the allocation of responsibilities for cabinet functions.

Article 7 – Decision-Making

This article sets out the principles of decision-making for all Council decisions, emphasizing due regard to relevant considerations, proportionality, openness, and clarity of aims. It defines key decisions ⁵ as those likely to incur significant expenditure or savings, or have a significant effect on communities across two or more electoral divisions. The article details the decision-making procedures for the Full Council, Cabinet, Scrutiny Committees, and officers, as well as for bodies acting in a quasi-judicial or appellate capacity.

Article 8 – Scrutiny Arrangements

This article outlines the establishment and terms of reference for the Council's four Scrutiny Committees: Resources, Places, People, and Health. It details their general role in reviewing and scrutinising decisions, making reports and recommendations, and considering matters affecting the area or its inhabitants. Specific functions include policy development and review, scrutiny of Cabinet and officer performance, and overseeing Best Value reviews. The article also details the scope of each committee's remit.

Article 9 – Regulatory Planning Committee

This article establishes the Regulatory Planning Committee, outlining its composition, which must not include Cabinet members. It specifies that all members must undertake training in accordance with the Planning Code of Good Planning Practice⁶. The Committee's role and function are to carry out non-executive functions relating to town and country planning, development control, public rights of way, commons, village greens, and other licensing and regulatory functions.

Article 10 – Audit Committee

This article establishes the Audit Committee, comprising nine councillors and two independent co-opted members. It details the Committee's role in providing independent assurance on the Council's governance, risk management, and internal control arrangements, and overseeing financial reporting and annual governance processes. The Committee's responsibilities include approving the Annual Audit Plan, considering the Assistant Director of Finance (Audit)'s annual report, and reviewing the Strategic Risk Register.

Article 11 – Governance, Ethics and Standards Committee

This article establishes the Governance, Ethics and Standards Committee, composed of nine elected members. Its role and function encompass promoting and maintaining high standards of ethics and probity for both elected members and officers. This includes managing and investigating Code of Conduct complaints against elected members, promoting a culture of openness and accountability, and overseeing the Council's governance and ethics framework. The Committee also advises the County Council on the operation of the Constitution and the Members' Allowances Scheme.

Article 12 – Pensions and Investments Committee

This article details the composition and terms of reference for the Pensions and Investments Committee, which manages the Derbyshire Pension Fund. The Committee comprises eight Derbyshire County Council members and two Derby City Council members, with non-voting trade union representatives. Its role includes approving and monitoring performance targets, reviewing and approving statements, strategies, and policies such as the Governance Policy and Investment Strategy Statement, and ensuring arrangements are in place for communicating with stakeholders. The Committee also oversees the Council's involvement in investment pooling. The Derbyshire Pension Board⁷ supports the Committee in its governance and administration of the Fund.

Article 13 – Appointments and Conditions of Service Committee

This article establishes the Appointments and Conditions of Service Committee, comprising nine elected members. Its role includes approving corporate employment policies, determining standard terms and conditions of employment, and considering proposals for changes to these terms. The Committee also fulfills a governance role in monitoring the Chief Executive's performance and is responsible for appointing the Returning Officer for local government elections and designating the Chief Financial Officer and Monitoring Officer. A panel of the committee is responsible for appointments, dismissals, and disciplinary actions concerning Chief Officers.

Article 14 – Health and Wellbeing Board

This article outlines the establishment and core strategic functions of the Derbyshire Health and Wellbeing Board (HWB). As a committee of Derbyshire County Council, it is mandated by the Health and Social Care Act 2012⁸. The HWB's vision is to focus on prevention and the wider determinants of health to reduce health inequalities and improve wellbeing. Its statutory functions include preparing and publishing a Joint Strategic Needs Assessment (JSNA) and a Joint Local Health and Wellbeing Strategy (JLHWS). The Board promotes integrated working in planning, commissioning, and delivering services and prepares a Pharmaceutical Needs Assessment. The membership comprises statutory members from local authorities and the NHS, alongside representatives from Healthwatch Derbyshire, the voluntary sector, and district/borough councils.

Article 15 – Derbyshire Police and Crime Panel

This article details the composition and terms of reference for the Derbyshire Police and Crime Panel. The Panel comprises 10 councillors representing various local authorities and may co-opt additional councillors. Its terms of reference include reviewing the draft police and crime plan, the annual report, and proposed senior appointments made by the Police and Crime Commissioner. The Panel has the power to veto the appointment of the Chief Constable and the proposed precept. It also scrutinises decisions made by the Police and Crime Commissioner and fulfils functions related to complaints about conduct matters.

Article 16 – Derbyshire County Council Corporate Parenting Board

This article outlines the terms of reference for the Derbyshire County Council Corporate Parenting Board (CPB). The CPB's overall objective is to assist the Council in fulfilling its legal corporate parenting obligations to Children in Care (CiC) and Care Leavers (CL) under various Children Acts. The CPB acts as an advocate for CiC and CL, oversees the implementation and monitors the quality of services, and ensures their voices are heard. It monitors the quality of care delivered by the Council's homes, fostering, and adoption services and ensures equal opportunities and diverse needs are met. The membership includes the Lead Member for Children's Services (Chairman), the Leader of the Council, other lead members, executive directors, and representatives from partner agencies.

Article 17 – Standing Advisory Council on Religious Education (SACRE)

This article details the composition, terms of office, and functions of SACRE, a statutory body advising the County Council on matters relating to collective worship and religious education. SACRE consists of four representative groups: Christian denominations (excluding the Church of England), other religions and denominations, teacher associations, and Derbyshire County Council representatives. The article outlines procedures for meetings, access to documents, voting, and the annual reporting process. SACRE may also refer issues to sub-groups for consideration.

Article 18 – Trading Committee

This article establishes the Trading Committee, comprising five elected members, to oversee the performance of Joint Venture companies by the Council. The committee meets on a half-yearly basis and is responsible for overseeing the performance of Concertus (Derbyshire) Limited, Vertas (Derbyshire) Limited, and PSP (Derbyshire) LLP, and providing approval on reserved matters as set out in the shareholder agreements for these organisations.

Article 19 – Other Joint Committees

This article outlines the governance arrangements for several joint committees and arrangements:

• Infrastructure and Investment Board (D2N2 LEP): This public-private partnership oversees the administration of the LEP's Local Growth Fund for schemes across Derby, Derbyshire, Nottingham, and Nottinghamshire. Its membership includes representatives from local authorities, the D2N2 LEP, and further education, with observers from other LEPs and occasional invitations to government bodies. Derbyshire County Council acts as the Accountable Body for the Local Growth Fund.
• Derby and Derbyshire Strategic Leadership Board (D2 SLB): This joint committee brings together the ten local authorities in Derby and Derbyshire to provide collective leadership, collaborate on shared agendas, and coordinate resources. It aims to simplify existing partnership arrangements and provide a forum for collaborative activity, particularly in relation to the new East Midlands Mayoral Combined County Authority.
• Derby and Derbyshire Integrated Care System Partnership (ICP): This statutory joint committee is part of the Derby and Derbyshire Integrated Care System (ICS). Its primary purpose is to act in the best interest of people, patients, and the system, rather than representing individual partner interests. The ICP is required to prepare an Integrated Care Strategy and promotes integrated working between the NHS, local authorities, and the voluntary sector.

Article 20 – Joint Arrangements

This article details the Council's ability to enter into joint arrangements with other local authorities to exercise functions jointly or to advise the Council. It covers arrangements for promoting well-being, the establishment of joint committees, delegation to and from other local authorities, and contracting out functions. The Access to Information Procedure Rules⁹ are noted as applying to joint committees.

Article 21 – Officers

This article outlines the Council's management structure, including the Corporate Management Team, and the roles and functions of statutory officers: the Head of Paid Service (Chief Executive), Monitoring Officer (Director of Legal and Democratic Services), and Chief Finance Officer (Director of Finance). It details their authority to attend meetings, access documents, report to the Council, and obtain advice. The article also covers officer conduct, employment procedures, and the designation of a Statutory Scrutiny Officer.

Article 22 – Finance, Contracts and Legal Matters

This article covers the Council's financial management, contracting, and legal proceedings. It states that financial affairs will be conducted in accordance with Financial Regulations¹⁰, and all contracts must comply with Standing Orders Relating to Contracts¹¹. The Director of Legal & Democratic Services is authorised to institute legal proceedings and authenticate documents. The article also details the use and affixing of the Council's Common Seal.

Article 23 – Review and Revision of the Constitution

This article outlines the process for monitoring and reviewing the operation of the Constitution. The Governance, Ethics & Standards Committee is responsible for this task, with the Monitoring Officer making recommendations for amendments. Changes to the Constitution require approval by the Full Council after consideration by the Governance, Ethics & Standards Committee. Minor variations, legal or technical amendments, and changes to job titles can be made by the Monitoring Officer and Chief Finance Officer, subject to retrospective approval.

Article 24 – Suspension, Interpretation and Publication of the Constitution

This article addresses the suspension of the Constitution's Articles (which cannot be suspended) and Rules of Procedure (which can be suspended by the Full Council). It clarifies the Chairman's role in interpreting the Constitution and outlines the procedures for its publication, ensuring accessibility on the Council's website and for purchase by the public.

Appendices

The report pack also included numerous appendices detailing specific procedures and policies:

• Appendix 1 – Responsibility for Functions: This appendix details the allocation of responsibilities for the Council's functions between the Full Council, the Cabinet, Cabinet Members, Chief Executive, Executive Directors, and Directors. It outlines the principles of delegation and specific delegations to various roles.
• Appendix 2 – Petition Scheme: This appendix details the Council's scheme for handling petitions submitted by citizens, outlining the process for submission, acknowledgement, response, and potential debate at Full Council for petitions with significant numbers of signatures.
• Appendix 3 – Council Procedure Rules: These rules govern the conduct of Council meetings, including the order of business, questions by members and the public, motions, rules of debate, voting, and the application of standing orders to committees.
• Appendix 4 – Cabinet Procedure Rules: These rules detail how the Cabinet operates, including who may make cabinet decisions, delegation arrangements, conflicts of interest, meeting frequency and conduct, quorum, and the process for questions by Minority Group Leaders.
• Appendix 5 – Scrutiny Procedure Rules: These rules outline the procedures for Scrutiny Committees, including their composition, work programmes, agenda items, policy and project reviews, reports, rights to documents, attendance, and the call-in procedure for reviewing executive decisions.
• Appendix 6 – Access to Information Procedure Rules: These rules detail the public's rights to attend meetings, access agendas and reports before meetings, obtain copies of documents, and inspect background papers. They also cover the exclusion of the public from meetings where confidential or exempt information is likely to be disclosed.
• Appendix 7 – Budget and Policy Framework Procedure Rules: This article outlines the process for developing the Council's budget and policy framework, including consultation, decision-making by the Council, and procedures for decisions outside the budget or policy framework, including urgent decisions.
• Appendix 8a – Financial Regulations: This comprehensive document sets out the Council's financial management and control policies, including financial planning, control of resources, systems and procedures, and external arrangements. It details the responsibilities of various roles, including the Chief Financial Officer, Monitoring Officer, Executive Directors, and budget holders.
• Appendix 8b – Standing Orders Relating to Contracts: This document sets out the rules governing the procurement of all supplies, services, and works for Derbyshire County Council, ensuring fairness, openness, transparency, and value for money. It details contracting rules based on value, procurement procedures, conflict of interest management, and contract management.
• Appendix 9 – Officer Employment Procedure Rules: This article details the procedures for the recruitment, appointment, disciplinary action, and dismissal of officers, including specific rules for the Head of Paid Service, Chief Officers, and the Director of Public Health.
• Appendix 10 – Code of Conduct for Members: This code outlines the expected standards of conduct for elected councillors, based on the Seven Principles of Public Life. It covers general conduct, bullying, harassment, discrimination, impartiality of officers, confidentiality, use of position, use of council resources, and the registration and disclosure of interests.
• Appendix 11 – Member and Officer Relationships Protocol: This protocol sets out the principles for mutual courtesy and respect between Members and Employees, defining their respective roles, responsibilities, and relationships to ensure effective governance and avoid conflicts of interest.
• Appendix 12 – Members' Allowances – Independent Remuneration Panel: This article details the role of the Independent Remuneration Panel in reviewing the Members' Allowances Scheme and making recommendations on allowances and expenses.
• Appendix 13 – Members' Allowances Scheme: This scheme sets out the specific allowances and expenses that councillors are entitled to claim, including basic allowance, special responsibility allowances, carers' allowances, and travel and subsistence allowances, with rates detailed in schedules.
• Appendix 14 – Senior Management Structure: This appendix provides an organisational chart of the Council's senior management structure, outlining the Corporate Management Team and the reporting lines for Executive Directors and Directors.
• Appendix 15 – Elected Member Role Profiles: This appendix provides detailed role profiles for various elected member positions, including Ward Member, Leader of the Council, Deputy Leader, Cabinet Member, Cabinet Support Member, Chairman and Vice-Chairman of the Council, Chairman and Vice-Chairman of Committees, Chairman of Scrutiny Committees, and Opposition Group Leader.
• Appendix 16 – General Data Protection Regulations: This appendix provides a privacy notice for elected members, outlining their responsibilities under GDPR and the Data Protection Act 2018 regarding the handling and use of personal data.
• Appendix 17 – Guidance to Councillors Appointed to Outside Bodies: This guidance addresses the issues councillors should consider when appointed to serve on outside bodies, including legal status, duties, liabilities, and insurance. It provides appendices detailing specific considerations for councillors acting as directors of limited liability companies, trustees of trusts or charities, members of unincorporated associations, and members of steering groups, joint committees, or partnership bodies.
• Appendix 18 – Code of Good Planning Practice: This code sets out the expected behaviour and practices for deciding planning applications, emphasizing impartiality, fairness, and consideration of the public interest. It covers basic principles, training requirements, access to information, lobbying, predetermination, site visits, and the committee decision process.
• Appendix 19 – Protocol for use of ICT by Members/Use of Resources: This protocol outlines the rules and responsibilities for Members using Information Communication Technology (ICT) equipment and Council systems, covering ICT equipment, software, access to systems, storage, internet access, email, cameras, monitoring, and compliance with relevant legislation such as the Data Protection Act and Computer Misuse Act.