North Yorkshire Council

 

EXECUTIVE

 

16 April 2024

 

Proposed Changes to the Constitution

for recommendation to full Council

 

Report of the Assistant Chief Executive Legal and Democratic Services

 

 

1.0

 

PURPOSE OF REPORT  

 

1.1

 

 

 

1.2

 

 

1.3

To present to the Executive, for reporting back to full Council for information, amendments to the Constitution made by the Assistant Chief Executive Legal and Democratic Services under his delegated powers.

 

To present to the Executive, for recommendation to full Council for approval, proposed amendments to the Constitution.

 

To seek Members’ views regarding the full review of the Constitution post 12 months’ operation of the unitary authority and regarding the scope and form of the review.

 

 

2.0           BACKGROUND         

 

2.1           The Constitution is maintained by the Assistant Chief Executive Legal and Democratic Services and kept under review on an ongoing basis.

 

2.2           Under Article 15.02(c) of the Constitution, the Assistant Chief Executive Legal and Democratic Services has delegated power to amend the Constitution:

 

(i)            to correct administrative issues such as cross-references, title changes, typographical errors and formatting;

(ii)           to ensure that the Constitution and the Council’s procedures meet all legal requirements;

(iii)          to reflect changes to arrangements for the distribution of responsibilities and the delegation of powers in accordance with decisions taken by the person(s) or body with authority to take such action; and

(iv)          consequentially, to give effect to changes explicitly approved by the full Council;

 

and any such amendments as set out in sub-paragraph (c)(ii) above shall be reported to the next meeting of the full Council.

 

2.3         Full Council previously agreed at the time of adopting the Constitution, that a full review of the Constitution should take place after one years’ operation post Vesting Day. This is discussed later in this report.

 

3.0           AMENDMENTS TO THE CONSTITUTION   

 

3.1           Part A of the amendments chart at Appendix 1 sets out proposed amendments to the Constitution for Members’ consideration, relating to:

 

a)    updating the Notes for the Standards and Governance Committee membership page to include the names of the additional Independent Persons for Standards appointed by full Council on 17 July 2023;

 

b)    making consequential amendments to reflect previously agreed changes to Financial Procedure Rule 28 (approval and acceptance process for the different type of grants), agreed by full Council on 15 November 2023 (and previously considered by the Members’ Constitution Working Group).

 

3.2           The more substantive items for consideration are the subject of separate sections of this report below.

 

3.3           Part B of the amendments chart at Appendix 1 sets out amendments for information which have been undertaken by the Assistant Chief Executive Legal and Democratic Services under his delegated powers in Article 15.02(c) of the Constitution and which are being reported back to full Council for information. The Assistant Chief Executive Legal and Democratic Services has recently used his delegated powers to amend the Constitution to:

 

a)    update out of date references in the Scrutiny of Health Committee terms of reference to the Strategic health authorities and the Healthcare Commission as they have ceased to exist and were replaced by the Health and Care Partnerships and the Integrated Care Boards;

 

b)    correct typographical/administrative/formatting errors.

 

3.4            Subject to any comments Members may have, the Executive is asked to:

 

a)      agree that the proposed amendments to the Constitution set out in Part A of Appendix 1 be proposed to full Council for approval;

 

b)      note the amendments to the Constitution set out in Part B of Appendix 1 to this report, made by the Assistant Chief Executive Legal and Democratic Services under his delegated powers, for reporting back to full Council for information.

 

4.0           PROCUREMENT AND CONTRACT PROCEDURE RULES

 

4.1           Proposed amendments to the Procurement and Contract Procedure Rules, previously considered by Constitution Working Group and Executive, were approved by full Council on 15 November 2023.

 

4.2           Full Council also specifically delegated to the Assistant Chief Executive Legal and Democratic Services the power to make the necessary consequential changes to the Procurement and Contract Procedure Rules to incorporate the changes made by the Health Care Services (Provider Selection Regime) Regulations 2023.  These rules make changes with regard to public healthcare services and seeks to promote collaboration and flexible decision making.  It provides for a “Provider Selection Regime” (PSR) to come into force for certain health care services and will require some changes to the existing Procurement and Contract Procedure Rules. The Assistant Chief Executive Legal and Democratic Services has used his specific delegation from full Council on 15 November 2023 to consequentially amend the Procurement and Contract Procedure Rules as set out by way of tracked changes in Appendix 2a to this report.

 

4.3           In addition, the procurement thresholds for 2024 were released via the Public Procurement (Agreement on Government Procurement) (Thresholds) (Amendment) Regulations 2023 and these apply from 1 January 2024. The Assistant Chief Executive Legal and Democratic Services used his general delegation under Article 15.02(c) of the Constitution to consequentially amend the Procurement and Contract Procedure Rules as set out in Appendix 2a to this report.

 

4.4           The nature of the amendments made under the delegations are:

 

·           Reference to the Health Care Services (Provider Selection Regime) Regulations 2023 and the implications of this added to the overarching statement at the beginning of the Rules.

·           Inclusion of new terminology linked to the PSR (i.e. Health Care Services, PSR and PSR Governance Process).

·           WTO GPA threshold updated throughout in line with the updated values.

·           Inclusion of details around mixed procurement which include Health Care Services and when the PSR must be used.

·           Inclusion of tables detailing the transparency procedures for the various Health Care Services processes and some minor formatting amendments to these tables.

·           Reference to regulations updated throughout to differentiate between the PSR and the Public Contract Regulations (PCR).

·           New Rule added detailing options for Health Care Services processes and rule numbers updated through to reflect additions.

·           New PSR Governance Process added detailing authorisation process.

·           Reference to Health Care Service updated throughout where required.

 

4.5           Some further minor typographical errors were amended by the Assistant Chief Executive Legal and Democratic Services and a clean version of the current Rules, with the changes accepted, is set out at Appendix 2b to this report for ease of reference.

 

4.6           The Executive is asked to note the changes made to the Procurement and Contract Procedure Rules by the Assistant Chief Executive Legal and Democratic Services under his delegated powers and to refer them on to full Council by way of report back for information.

 

5.0           DEVELOPMENT PLAN COMMITTEE           

               

5.1           At its meeting on 15 November 2023, full Council agreed the approach to Member engagement and decision-making throughout the preparation of Development Plan Documents and Neighbourhood Plans as set out in that report, including the establishment of a Development Plan Committee, and consequential amendments to the Constitution.

 

5.2           Following the full Council meeting in November, the Assistant Chief Executive Legal and Democratic Services amended the Constitution consequentially to include Terms of Reference and Delegated Powers for the Development Plan Committee in accordance with the agreed approach. A copy is attached at Appendix 3. The membership list was also updated to reflect a membership change.

 

5.3             Members are requested to note the Development Plan Committee Terms of Reference and Delegated Powers attached at Appendix 3 and to refer them on to full Council by way of report back for information.

 

 

 

 

6.0           COUNCIL PROCEDURE RULES      

 

6.1           A number of areas for discussion, suggested by Members, were considered by the Members’ Working Group on the Constitution at its meeting on 21 March 2024,  relating to the number and length of council meetings, public and Member questions and motions. These areas are covered by Council Procedure Rules 2 and 9 to 14, extracts of which are attached at Appendix 4 to this report.

 

6.2           The Working Group considered the issues raised below and propose to the Executive, for recommendation to full Council for approval, certain changes to the Council Procedure Rules:

 

a)    The number of Council meetings

 

                                              i.        that an additional Council meeting in February 2025 be introduced which is dedicated to the consideration of the Budget and the Council Plan;

                                             ii.        this is to be the scheduled date of 19 February 2025;

                                            iii.        all other business normally scheduled for 19 February 2025 to be moved to the reserve date of 21 February 2025;

                                           iv.        for 2026, consideration should be given to spacing the meetings so that, for example, the dedicated Budget and Council Plan meeting is held in February and the other meeting held in March or April;

                                             v.        for 2026, a reserve date should be kept for the Budget and Council Plan meeting.  The Working Group considered this should be the following Wednesday, subject to seeking the views of the Corporate Director Finance. Following consultation with the Corporate Director, it is recommended that the reserve date for the Budget and Council Plan meeting be scheduled for the Friday in the week of the meeting, as this will help in ensuring there is maximum time available for billing purposes;

                                           vi.        no public questions or statements to be allowed at the Council meeting dedicated to the Budget and Council Plan;

                                          vii.        that there should be a greater time for Members to speak on the Council Budget – 6 minutes each for the mover and seconder and every spokesperson of a political group.

 

b)    Public questions

 

                                               i.        that public questions and statements should remain, except for the dedicated meeting for the consideration of the Budget and Council Plan (where no public questions or statements should be permitted);

 

                                              ii.        where public questions/statements are permitted, there should be a limit of 30 minutes for public questions/statements at full Council meetings: 5 questions or statements maximum to be allowed at Council meetings (rationale that a question is 3 minutes, an answer 3 minutes and so that is the 30 minute total allowed in the Constitution);

 

                                             iii.        each question/statement must relate to an item for decision on the Council agenda.

 

                                            iv.        that there should be only one question or statement per individual, organisation or group in a given 6 month period (from the point at which the initial question was asked) for the Executive and Council meetings;

 

                                             v.         that there should be no supplementary questions allowed at meetings of full Council;

 

                                            vi.        the Chair of Council can refuse to accept a question or statement for a full Council meeting if it is the same as asked at Executive or Council in the previous 6 months;

 

                                           vii.        the Chair of Council can refuse to accept questions/statements submitted to full Council or can refer them to other committees;

 

                                          viii.        where there are multiple questions/statements on the same theme, there should be one spokesperson;

 

                                            ix.        the Chair of Council should decide, in consultation with the Assistant Chief Executive Legal and Democratic Services, which questions are asked and in what order;

 

                                             x.         there should be an express provision that no public planning related questions/statements are to come to full Council (as they are quasi judicial in nature and should generally be answered through the planning regime by being submitted to the Strategic Planning Committee) unless they specifically relate to a decision making item on the Council agenda;

 

                                            xi.        that there should be no public questions or statements allowed at any Council or committee meeting from publicly declared candidates for elections, during the pre-election period.

 

The Executive is requested to consider whether the proposed amendments to Council Procedure Rules 9.2 and 9.4 set out in Appendix 4 should apply to all committee meetings or just full Council meetings.

 

c)    Motions

 

                                              i.        motions on notice should be moved higher up the order of business, to after the Leader’s statement;

 

                                             ii.        Scrutiny Board shall determine which overview and scrutiny committee is the most appropriate to consider motions referred from Council. Once the relevant overview and scrutiny committee has considered the matter, it should be referred back to the relevant decision making body rather than automatically being referred back to full Council;

 

                                            iii.        that the provision in Council Procedure Rule 14 (Previous Decisions and Motions) regarding the proposer of a motion and 15 other members being able to call back something for re-debate be amended to provide for a 6 month embargo on bringing matters back for review/re-debate unless there has been a substantial material change in circumstances.

 

6.3            Proposed amendments reflecting the above are set out by way of tracked changes on the extracts in Appendix 4.

 

6.4            Subject to any comments Members may have, it is proposed that the draft amendments to the Council Procedure Rules set out in Appendix 4 to reflect the above be recommended to full Council for approval.

 

7.0           OVERVIEW AND SCRUTINY OF HOUSING SERVICES    

 

7.1           The Members’ Working Group on the Constitution considered a report of the Corporate Director Community Development on 21 March 2024 regarding the overview and scrutiny of housing services. The report sought the views of the Group regarding how the scrutiny of housing services could be taken forward in light of concerns that the existing arrangements do not create the capacity to enable this complex, detailed and high-profile area of work to be effectively reviewed on an ongoing basis. The report highlighted the need for Council to revise the current arrangements for the oversight and scrutiny of its housing services without the need to significantly change its existing constitution.

 

Background

 

7.2           When the new North Yorkshire Council was created, responsibility for the overview and scrutiny of housing services was added to the remit of the existing Care and Independence scrutiny committee. Feedback from members post vesting day would suggest that their existing workload would not allow for sufficient time to be afforded to this additional area of work and they have suggested that alternative arrangements should be explored.

 

7.3           As set out in the accompanying HRA Governance Arrangements working paper (Appendix 5), there has been a considerable change in the landscape for the regulation of social housing through the introduction of the Social Housing Regulation Act 2023 and subsequently the launch of the revised consumer standards for social housing with effect from April 2024 onwards. North Yorkshire Council, as a landlord, has a significant amount of policy review, service improvement and embedding of governance arrangements to complete in order to demonstrate compliance with the new requirements meaning that more member time should be dedicated to overview and scrutiny of Housing.  

 

7.4           In addition to providing oversight and scrutiny of the Council’s HRA functions, the committee also needs to perform this role for the full range of housing services for which NYC is responsible for and which extends to housing strategy, homelessness and housing needs, the delivery of affordable housing as well as private sector housing renewal.

 

7.5           This report suggests that the work associated with overseeing and scrutinising housing services could be transferred to the Transition (LGR) Overview and Scrutiny Committee or that a new overview and scrutiny committee that focussed upon housing and related matters (potentially including some aspects of the existing work of the Transition (LGR) Overview and Scrutiny Committee) be created.

 

7.6           The Transition (LGR) Overview and Scrutiny committee currently scrutinises Leisure, Culture, Tourism, Arts, Waste Collection, Bereavement Services and Licensing, as well as the significant decisions made by the Executive regarding the new unitary authority and Local Government Reorganisation.

 

7.7           The Committee has been retained until 31 March 2026 with a review after two years (i.e. after 31 March 2025).  Clearly, the Member Working Group on the Constitution can review the status of the Transition (LGR) Overview and Scrutiny Committee and make recommendations to Council.

 

7.8           In September 2023 the Council sought an external view of the Housing Revenue Account (HRA) and HRA Business Plan, which brings together the HRAs of the three former stockholding councils and a review of the governance and associated arrangements in place in relation to compliance with the Regulator of Social Housing’s (RSH’s) current and (at that point proposed) revised Consumer Standards.

 

7.9           One of the suggestions was that North Yorkshire Council’s governance arrangements could be enhanced to provide greater assurance that the Council can oversee its responsibilities as a Registered Provider.

 

7.10     Following this, regarding the current overview and scrutiny arrangements it was suggested that given the breadth and importance of the committee’s remit there is likely to be significant pressure on meeting agendas and a risk that social housing activity receives insufficient attention. Scrutinising social housing activities may also benefit from different/ additional skillsets and one option the Council may wish to consider is establishing housing-specific member scrutiny arrangements.

 

7.11         Currently the responsibility for overview and scrutiny of housing at the Council rests within   the Terms of Reference the Care and Independence and Housing Overview and Scrutiny   Committee which “Scrutinises the needs of vulnerable adults, older people and people whose independence needs to be supported by intervention from the public or voluntary sector and housing”.

 

7.12         Given the workload associated with the increasing regulation of the council’s landlord function it is suggested to remove the overview of scrutiny of housing from the Terms of Reference of the Care and Independence and Housing Overview and Scrutiny Committee.

 

7.13         It is suggested that the responsibility for the overview of scrutiny of housing could rest within the Terms of Reference of the Transition (LGR) Overview and Scrutiny Committee and amend the scope of that committee to cover: ‘Housing, Leisure, Culture, Tourism, Arts, Waste Collection, Bereavement Services and Licensing.  Alternatively, a new overview and scrutiny committee be created that focussed upon housing and related matters (potentially including some aspects of the existing work of the Transition (LGR) Overview and Scrutiny Committee).  The future role of the Transition (LGR) Overview and Scrutiny Committee could then be reviewed.

 

7.14         The Housing element would have the following requirements:

 

7.14.1      Scope

In scope for the work of the committee would be the functions of the Housing Service:

·         Housing Delivery, Enabling, Partnerships

·         Housing Needs

·         Housing Standards

·         Landlord Services

·         Private Sector Renewal.

 

7.14.2         Out of scope

·         Planning/Local Plan/ wider housing delivery.

 

7.15          Workplan

Appendix 5 contains an example cyclical work plan based upon regulatory reporting requirements. Key reports that the committee would need to consider will be:

·         HRA Business Plan

·         Self-assessment of compliance with the Complaints Handling Code

·         Tenant Satisfaction Measures

·         Quarterly Performance and financial monitoring.

·         Complaints monitoring

·         Resident Panel Feedback.

 

7.16          Task and Finish Groups

It is envisaged that specific Task and Finish Groups would be required, for example, regarding Housing Policy, to speed up scrutiny of and therefore adoption of a plethora of policies required by the Regulator to fulfil our landlord function.

 

7.17          Membership

We would require a level of flexibility in order to co-opt external experts in, for example,

·         Tenant engagement/involvement

·         Landlord health and safety

·         Asset management and

·         Local authority finance.

·         Tenant representatives.

 

7.18         Links to Tenant Scrutiny

A core element of consumer standards compliance is providing opportunities for tenants to scrutinise and hold their landlord to account, we will need to consider how member-scrutiny and tenant scrutiny can work together. This will be kept under review during development of      the Tenant Scrutiny arrangements.

 

Alternative options considered

 

7.19         Do nothing. As stated above, the option of leaving the oversight and scrutiny of housing services with the Care and Independence and Housing Overview and Scrutiny committee would seem to rule out this option due to concerns around workload.

 

7.20         Create a new overview and scrutiny committee. This option would enable a sharp focus upon housing related matters and could include aspects of the work of the existing Transition (LGR) Overview and Scrutiny Committee.  The necessary changes to the Constitution and committee appointments could be made at Council in May and so the new committee could be meeting by June 2024.  This would then mean that an additional committee had been created, increasing the workload upon members.  As such, there may be value in reviewing the ongoing position of the Transition (LGR) Overview and Scrutiny Committee.

 

7.21         Transfer responsibility for the oversight and scrutiny of housing services to an existing committee. This has the least impact overall and can be delivered relatively quickly in order to meet the regulatory challenges faced by NYC.

 

Implications

 

7.22         Any financial implications would be minimal. There will be a need to provide specific training to committee members to ensure up to date knowledge of the new regulatory environment.

 

7.23         Regarding legal implications, the requirement for local authorities in England to establish overview and scrutiny committees is set out in sections 9F to 9FI of the Local Government Act 2000 as amended by the Localism Act 2011.  The legislation permits the Council to determine its own overview and scrutiny arrangements to best suit its needs.

 

7.24         There are no equalities or climate change implications.

 

7.25         Transferring the responsibility for the overview and scrutiny of housing services from the Care and Independence and Housing Overview and Scrutiny committee to the Transition (LGR) Overview and Scrutiny committee or to a dedicated housing overview and scrutiny committee delivers the best outcomes for the authority and its residents.

 

7.26         The Members’ Working Group on the Constitution considered these matters at its meeting on 21 March 2024 and agreed that it be proposed to the Executive, for recommendation to full Council, that:

 

                              i.        the Transition (LGR) Overview and Scrutiny Committee should formally cease as of the 15 May 2024 Council meeting.  Any outstanding work should be re-allocated, in liaison with Scrutiny Board, to the other overview and scrutiny committees (with the exception of matters relating to leisure);

 

                             ii.        A new Housing and Leisure Overview and Scrutiny Committee to be created at the 15 May 2024 Council meeting, appointments to which to be made at full Council (16 members politically balanced as per the other overview and scrutiny committees) and the first meeting of the new overview and scrutiny committee to follow in June 2024.

 

8.0           INDEPENDENT REMUNERATION PANEL TERMS OF REFERENCE      

 

8.1           The Members’ Working Group on the Constitution considered a report on 21 March 2024 regarding draft changes to the Terms of Reference for the Council’s Independent Remuneration Panel on Member Allowances that has been proposed by the Panel Members.

 

Background

 

8.2           The Independent Remuneration Panel was convened by legislation in 2003.  The role of the Panel is to consider issues relating to Members’ remuneration and expenses and then to make recommendations and provide advice to the Council.

 

8.3           The Panel currently consists of four members, recruited by open advert for a four-year term of office. It is open for any member of the public to apply. Members may be re-appointed for a further term of up to four years. Interviews for and appointments to the Panel are made by the Leaders of the Political Groups, the Chief Executive, the Monitoring Officer, and the Chair of the Panel, or another Member of the Panel.  The Panel chooses its own Chairman and duration.

 

Terms of Reference

 

8.4           In December 2023, the Panel undertook a review of their Terms of Reference.  The Panel members felt that the existing Terms of Reference needed to be refreshed to accurately reflect that work that was being undertaken.  The amendments that are proposed are relatively minor points of clarification, context and simplification and do not alter the role, remit and responsibilities of the Panel.  The current Terms of Reference are at Appendix 6 and the proposed revised Terms of Reference are at Appendix 7.

 

8.5           The Terms of Reference for the Independent Remuneration Panel are not included in the Constitution for the Council, reflecting the independent nature of the Panel which has to be at arm’s length from the Council.  The Terms of Reference were, however, taken to the Member Working Group on the Constitution for review ahead of them being to the Executive and then Full Council.

 

8.6           Subject to any comments Members may have, the proposed revised Terms of Reference for the Council’s Independent Remuneration Panel on Member Allowances that have been proposed by the Panel Members as set out at Appendix 7, be recommended to full Council for approval.

 

9.0            FULL REVIEW OF CONSTITUTION

                

9.1           At the time of adopting the Constitution for North Yorkshire Council, full Council agreed that a review of the Constitution should take place after 12 months’ operation of the unitary authority.

 

9.2           The inaugural year of North Yorkshire Council is now complete and Members are requested to give initial consideration to the full review of the Constitution post 12 months’ operation and Members’ views are welcomed as to the form and scope the review should take.

 

9.3           It is suggested that any review commence after this round of changes to the Constitution has been considered by full Council at its May meeting.

 

10.0          FINANCIAL IMPLICATIONS

                

10.1          There are no significant financial implications arising from this report.

 

11.0          LEGAL IMPLICATIONS

                

11.1          The legal implications are set out in the body of this report.

 

12.0          ENVIRONMENTAL/CLIMATE CHANGE IMPLICATIONS

                

12.1          There are no significant environmental or climate change implications arising from this report.

 

13.0         CONSULTATION                    

 

13.1         Relevant Officers and Members have been consulted on the proposed changes set out in this report and its Appendices.

 

13.2         This report also incorporates the views of the Members’ Working Group on the Constitution as expressed at the Group’s meeting on 21 March 2024.

 

14.0         REASONS FOR RECOMMENDATIONS                  

 

14.1         For the reasons set out in the body of this report and in the Appendices, it is recommended that, subject to any comments Members may have, the matters raised in this report be considered and the recommendations and proposed changes to the Constitution set out below be recommended to full Council for information and/or approval as indicated.

 

 

 

 

 

15.0

 

RECOMMENDATIONS     

 

15.1

 

 

 

 

 

 

 

 

That, subject to any comments Members may have:

 

(a)  the proposed amendments to the Constitution set out in Part A of Appendix 1 be proposed to full Council for approval;

 

(b)  Members note the amendments to the Constitution set out in Part B of Appendix 1 to this report, made by the Assistant Chief Executive Legal and Democratic Services under his delegated powers, for reporting back to full Council for information;

 

(c)   Members note the consequential amendments to the Procurement and Contract Procedure Rules as set out in Appendices 2a and 2b to this report made by the Assistant Chief Executive Legal and Democratic Services under his general delegations in Article 15.02(c) of the Constitution and specific delegated power from full Council on 15 November 2023, for reporting back to full Council for information;

 

(d)  Members note the Development Plan Committee Terms of Reference and Delegated Powers consequentially included in the Constitution and attached at Appendix 3 to this report for reporting back to full Council for information;

 

(e)  there be 5 full Council meetings per year, the fourth meeting to consider the Council Budget and Council Plan only and the reserve date to be used for the rest of Council business:

 

                       i.    for 2025, the scheduled meeting on 19 February 2025 be the additional Council meeting dedicated to the consideration of the Budget and the Council Plan and all other business normally scheduled for 19 February 2025 be moved to the reserve date of 21 February 2025;

 

                      ii.   for 2026, the meetings be spaced so that the dedicated Budget and Council Plan meeting is held in February and the other meeting held in March or April;

 

                     iii.   for 2026, a reserve date should be kept for the Budget and Council Plan meeting; instead of this being on the Friday in the week of the meeting, it is recommended that the reserve date be on the following Wednesday (a week after the Budget and Council Plan Council meeting);

 

(f)   the Executive consider whether the proposed amendments to Council Procedure Rules 9.2 and 9.4 set out in Appendix 4 should apply to all committee meetings or just full Council meetings and the Assistant Chief Executive Legal and Democratic Services be authorised to make any further amendments as Members may wish to the Council Procedure Rules for recommendation to full Council for approval;

 

(g)  the proposed amendments to the Council Procedure Rules set out in section 6 of this report and Appendix 4 be recommended to full Council for approval and the Assistant Chief Executive Legal and Democratic Services be authorised to make any further consequential amendments which may be required to the Constitution;

 

(h)  the Transition (LGR) Overview and Scrutiny Committee should formally cease as of the 15 May 2024 Council meeting and that any outstanding work should be re-allocated, in liaison with Scrutiny Board, to the other overview and scrutiny committees (with the exception of matters relating to leisure); that the proposed amendments to the overview and scrutiny committee terms of reference in Article 6 of the Constitution as set out by way of tracked changes in Appendix 5b be recommended to full Council for approval; and that the Assistant Chief Executive Legal and Democratic Services be authorised to make any further consequential amendments which may be required to the Constitution;

 

(i)   a new Housing and Leisure Overview and Scrutiny Committee of 16 Members and politically balanced (as per the other overview and scrutiny committees) be created at the 15 May 2024 Council meeting, appointments to which to be made at that meeting of full Council and the first meeting of the new overview and scrutiny committee to follow in June 2024; that the proposed amendments to the overview and scrutiny committee membership lists in Part 3, Schedule 3 of the Constitution as set out by way of tracked changes in Appendix 5c be recommended to full Council for approval; and that the Assistant Chief Executive Legal and Democratic Services be authorised to make any further consequential amendments which may be required to the Constitution;

 

(j)    the proposed revised Terms of Reference for the Council’s Independent Remuneration Panel on Member Allowances that have been proposed by the Panel Members as set out at Appendix 7, be recommended to full Council for approval;

 

(k)   Members give initial consideration to the full review of the Constitution post 12 months’ operation and to the scope and form of the review, indicating whether there are any specific areas of focus Members would wish to suggest.

 

 

 

BARRY KHAN

Assistant Chief Executive Legal and Democratic Services

 

County Hall

NORTHALLERTON

 

8 April 2024

 

Background Documents:

North Yorkshire Council Constitution

The Local Government 2000 as amended

 

Appendices

1.       Proposed Amendments Chart

2a.     Consequential tracked change amendments to the Procurement and Contract Procedure Rules.

2b.     Procurement and Contract Procedure Rules (consequential tracked changes accepted).

3.       Development Plan Committee Terms of Reference

4.       Extracts from Council Procedure Rules

5.       HRA Governance paper

6.       Current Terms of Reference of Independent Remuneration Panel on Member Allowances

7.       Proposed revised Terms of Reference of Independent Remuneration Panel on Member Allowances

8.       Equality Impact Assessment Screening Form

9.       Climate Change Impact Assessment Screening Form