North Yorkshire Council
EXECUTIVE
7 January 2025
Proposed Changes to the Constitution
for recommendation to full Council
Report of the Assistant Chief Executive Legal and Democratic Services
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1.0 |
PURPOSE OF REPORT
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1.1
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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. |
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. Proposed changes to the Constitution are considered by the Members’ Working Group on the Constitution, the Executive and ultimately approved by full Council.
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. In practice, all amendments to the Constitution made by the Assistant Chief Executive Legal and Democratic Services under their delegated powers is reported back to full Council.
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 Area Committee Terms of Reference by amending references to Community Networks to Community Partnerships as they are now known (as previously agreed by Executive in May 2023);
b) updating the specific delegations to the Corporate Director of Environment in the Officers’ Delegation Scheme to reflect changes to the arrangements for the distribution of responsibilities and delegation of powers in relation to harbours, by the Corporate Director;
c) to update the circulation list for decision records by removing reference to an obsolete post title.
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) Reflect the delegations to the Assistant Chief Executive Legal and Democratic Services and Monitoring Officer by the Standards and Governance Committee in relation to:
i. determining if requests for Community Governance Reviews should be treated as urgent and brought forward to the Standards and Governance Committee to recommend approval of terms of reference to the Council;
ii. making temporary appointments to parish and town councils under section 91 Local Government Act 1972.
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 their delegated powers, for reporting back to full Council for information.
4.0 ADDITION OF POLICE FIRE AND CRIME PANEL ANNUAL REPORT TO ORDER OF COUNCIL BUSINESS
4.1 On 4 December 2024, the Members’ Working Group on the Constitution considered a proposal from the Chair of the Police Fire and Crime Panel that the Constitution be amended to enable an Annual Report from the Police Fire and Crime Panel to be included in the agenda for the July meeting of the Council each year. At present, there is no report presented to Council. This would align with the established practice for overview and scrutiny whereby an annual report is presented to Council in July each year and a further amendment is proposed to capture that current practice.
4.2 Certain amendments are therefore proposed to Council Procedure Rule 2.3 (Order of Business), as set out by way of tracked changes at Appendix 2, to provide for the Chair or Vice Chair of the Police Fire and Crime Panel and the Chair of the Scrutiny Board to each present an Annual Report at the Council’s July meeting.
4.3 Subject to any comments Members may have, it is recommended that the Executive recommend the proposed amendments to Council Procedure Rule 2.3 set out at Appendix 2 to full Council for approval.
5.0 PUBLIC SPEAKING TIMES AT PLANNING COMMITTEE MEETINGS
5.1 On 4 December 2024, the Members’ Working Group on the Constitution considered a proposal regarding the increase of public speaking times at planning committee meetings. The Code of Practice for Councillors and Officers dealing with planning matters (pages 419 to 430 of the Constitution) states that all public speakers are limited to 3 minutes. Some of the former district and borough councils had speaking times of 5 minutes. This reduction in the time allowed for public speaking continues to cause problems for the 6 Area Planning Committees and the Strategic Planning Committee as there is concern by some officers and members that this recently imposed time limit stifles debate and impedes the committee in its deliberations. Whilst the committee chair can use their discretion to extend the time allowed beyond 3 minutes, the view of officers and members involved day to day in planning committees is that an increase in the time would enable the more efficient and equitable management of planning matters.
5.2 The Working Group agreed to recommend to the Executive that the speaking times for the objector, agent and local member be extended to 5 minutes and that the chair have no discretion to extend speaking times beyond their stated limits.
5.3 Certain amendments to this effect are therefore proposed to the Code of Practice for Councillors and Officers dealing with Planning Matters in Part 5 of the Constitution, as set out by way of tracked changes at Appendix 3, for Members’ consideration. Since the Working Group meeting, it is further noted that the planning Code also provides for a representative of the relevant parish council to have three minutes to speak and also any other person in the discretion of the Chair and the extension to 5 minutes has therefore also been applied to them in the proposed amendments.
5.4 Subject to any comments Members may have, it is recommended that the Executive recommend the proposed amendments at Appendix 3 to full Council for approval.
6.0 GENERAL LICENSING AND REGISTRATION COMMITTEE
6.1 On 4 December 2024, the Members’ Working Group on the Constitution considered a proposal regarding the alignment of the General Licensing and Registration Committee with the Statutory Licensing Committee, by removing the substitution scheme.
6.2 The Constitution states that ‘The General Licensing and Registration Committee shall have a list of named substitute Members.’ (see page 83 of the Constitution). Since the creation of the committee in April 2023, this list has not been populated with any councillor names. Instead, the meetings have been managed without recourse to the use of substitutes as the committee is an ample size of 25 members and the quorum is six.
6.2 The Statutory Licensing Committee does not have a list of named substitutes (see page 78). The committee has 15 members and the quorum is four.
6.3 The Working Group agreed to recommend to the Executive that the General Licensing and Registration Committee is aligned with the Statutory Licensing Committee by removing the substitution scheme. Certain amendments are therefore proposed to the General Licensing and Registration Committee Terms of Reference as set out by way of tracked changes at Appendix 4.
6.4 Subject to any comments Members may have, it is recommended that the Executive recommend the proposed amendments at Appendix 4 to full Council for approval.
7.0 PRE-SUBMITTED QUESTIONS TO COUNCIL
7.1 On 4 December 2024, the Members’ Working Group on the Constitution considered a proposal regarding the deadline for the submission of questions by Members to the Leader, Executive Members and the Chairs of Overview and Scrutiny Committees at Council.
7.2 At present, Council Procedure Rule 10.6(b) states that the deadline for the submission of questions to the Leader, Executive Members and the Chairs of Overview and Scrutiny Committees is ‘2 clear working days’ written notice’ prior to a Council meeting (see page 211 of the Constitution).
7.3 The Working Group agreed to recommend to the Executive that the cut-off for submission of Member questions be moved to no later than midday three working days before the day of the meeting, to align with the deadline for public questions and statements (see page 206-207 of the Constitution). The reason for this is that is gives additional time for officers and members to prepare responses to the pre-submitted questions, which can be long and complex. It is of note that 35 to 40 questions are now pre-submitted ahead of a Council meeting.
7.4 Certain amendments are therefore proposed to Council Procedure Rule 10.6(b) as set out by way of tracked changes at Appendix 5. Subject to any comments Members may have, it is recommended that the Executive recommend the proposed amendments to full Council for approval.
8.0 HEALTH AND WELLBEING BOARD
8.1 On 4 December 2024, the Members’ Working Group on the Constitution considered a proposal to amend the Constitution regarding the frequency of meetings of the Health and Wellbeing Board.
8.2 The Health and Wellbeing Board currently meets 6 times a year. The Terms of Reference of the Health and Wellbeing Board currently state that ‘Meetings of the Board will, generally, take place six times each year, to transact formal business and will normally be conducted in public subject to the provisions as to exempt information.’ (page 130 of the Constitution).
8.3 The Chair of the Board, Councillor Michael Harrison, has requested that the frequency be reduced to 4 times per year. This brings the meetings of the Health and Wellbeing Board into line with scrutiny committees, better aligns with the business of the Board and reduces the demands upon officers (many of whom are from the NHS and other stakeholder agencies and organisations) and members. The Health and Wellbeing Board has been consulted upon this proposed change and was supportive.
8.4 The Working Group agreed to recommend to the Executive that the number of Health and Wellbeing Board meetings be reduced from 6 to 4. Certain amendments are therefore proposed to the Board’s Terms of Reference, as set out by way of tracked changes at Appendix 6. Subject to any comments Members may have, it is recommended that the proposed amendments be recommended to full Council for approval.
9.0 CHILDCARE AND DEPENDENT CARER ALLOWANCE
9.1 On 4 December 2024, the Members’ Working Group on the Constitution considered a proposal to make a technical update to the Notes of Guidance for Councillors regarding the Members’ Allowances Scheme in the Constitution at pages 453 to 455 regarding the Childcare and Dependent Carer Allowance, which outlines what may be claimed by Members in respect of costs necessarily incurred by them in making arrangements for the care of children or other dependants to enable them to perform an approved duty.
9.2 The rates that are specified in the Constitution are as follows:
‘For care arranged for children the allowance paid will be the lower of actual expenditure and the national minimum wage for adults aged 21 or over (currently £11.44 per hour from April 2024). This rate is usually reviewed by the Government each October.’
[NB: the Constitution was re-published on 9 December 2024, following the Working Group’s meeting on 4 December, and therefore now shows a different current rate than that quoted in the report to the Group].
‘For care arranged for elderly/disabled relatives, the allowance will be paid at the lower of actual expenditure and the charge for home care provided by the Council’s Health and Adult Services Directorate (£7.20 for up to 15 minutes and £17.40 per hour for 2014/15). All claims should be supported by a receipted invoice, where the service has been provided by a care agency.’
9.3 The rates specified in the Guidance Notes in the Constitution are over 10 years old and so have been reviewed. The rates that have been confirmed by Finance are as follows:
· Care arranged for children (2024-25):
The National Minimum wage from 1 April 2025 will be £12.21 for adults aged 21 years and older.
· Care arranged for elderly/disabled relatives (2024-25):
15 min = £10.70
1 hour = £26.00.
9.4 The Working Group agreed to recommend to the Executive that these rates be updated from the 2013 levels to those that are current and that they be updated on an annual basis without having to go to the Constitution Working Group. Certain amendments are therefore proposed to the Guidance Notes, as set out by way of tracked changes at Appendix 7. Subject to any comments Members may have, it is recommended that the proposed amendments be recommended to full Council for approval.
9.5 The Independent Remuneration Panel on Members’ Allowances will be informed of this technical updating of the Constitution. In their 2025 review of the Members’ Allowances Scheme, they could be asked to conduct a more in-depth review of the support provided to members who have caring responsibilities.
9.6 There are financial implications arising from the proposed changes to the Childcare and Dependent Carer Allowance, as this would see an increase in the payments made to councillors who qualify for the scheme. It is of note, however, that no councillors are currently claiming the allowance.
9.7 There are equalities implications arising from the proposed changes to the Childcare and Dependent Carer Allowance, as the provision of this allowance can support councillors with caring responsibilities to fulfil their role.
10.0 PROCUREMENT AND CONTRACT PROCEDURE RULES
10.1 On 4 December 2024, the Members’ Working Group on the Constitution considered a report from the Procurement & Contract Management Service presenting proposed amendments to the Procurement and Contract Procedure Rules in the Constitution.
10.2 The Procurement Act 2023 (PA2023) comes into force on 24th February 2025 and therefore the Procurement and Contract Procedure Rules within the Constitution will need to align with the new legislative requirements.
10.3 In order to comply with the changes in legislation the following amendments have been proposed:
· The reference to the Public Contracts Regulations 2015 being in force until replaced by future legislation has been removed.
· Terminology and definitions have been updated throughout to match the changes in the PA2023.
· References to specific Regulations under the current legislation have been updated.
· The types of contracts that are exempt from the Procurement & Contract Procedure Rules have been updated in line with the PA2023.
· Reference to the “Procurement Manual” has been updated to the “Procurement and Contract Management Manual” to reflect the greater focus in the PA2023 on contract management.
· Changed references from “Contracts Finder” to “Find a Tender Service (FTS)” to align with the new transparency requirements for any new procurement awarded under the PA2023.
· The procedures for above threshold processes have been updated to reflect the revised procedures in the PA2023.
· The standstill process has been updated to align to the revised requirements under the PA2023.
· New transparency requirements added to align with the PA2023.
10.4 A broader review of the Procurement and Contract Procedure Rules has also been undertaken with the primary objective of improving clarity around the varying requirements that apply to different types of contracts and grant agreements (i.e. PA2023, Public Contract Regulations 2015, Provider Selection Regime and Subsidy Control Laws). Therefore the Procurement and Contract Procedure Rules have been restructured into the following Parts:
Part 1 - Rules Application & Key Definitions: Details on how these Rules will apply to all Contract and Grant Agreements. Key definitions are also listed here.
Part 2 – General Objectives, Powers & Principles: This part applies to all Contracts and Grant Agreements.
Part 3 – Contracts for Goods, Services and Works: This part applies to all Contracts for goods, services and works. This part does not apply to health care services Contracts or Grant Agreements.
Part 4 – Health Care Services Contracts: This part only applies to health care services Contracts.
Part 5 – Grant Agreements: This part only applies to Grant Agreements.
10.5 In addition, the following proposed amendments have been included as part of the broader review:
· The Director of Public Health has been added to the definition of “Director”
· Definition of SCM updated from “Senior Category Manager” to “Senior Commercial Manager” in line with the job title change following the latest restructure.
· Technology Contract definition updated to clarify that it is any contract commissioned by the Technology department only.
· The Award and Transparency Tables have been removed from the Procurement & Contract Procedure Rules as this duplicated information already included in the Rules.
· Changed the wording from “should” to “must” around getting quotes from a Small and Medium Enterprise (SME), Voluntary, Community or Social Enterprise (VCSE) or local supplier based within North Yorkshire to drive a stronger emphasis on this requirement.
· The responsibility for determining the proportionate approach to risk assessments to ascertain the financial stability of the successful supplier has been change from the Head of Procurement in consultation with the Senior Commercial Manager to the Senior Commercial Manager.
· Reference to the S151 Officer being responsible for the annual report on procurement and contract management matters to be presented to a meeting of the Audit Committee added.
· Requirement for evaluation panel members to have competed the evaluation process training has been updated so that staff need to refresh their training every 2 years.
· Requirement for contract managers to complete the Council’s contract management training within the last three years.
· The exemptions to the bid process around light touch contracts have been updated as follows:
o Sub-section (i) has been made generic and not light touch specific so that Directors can now exempt the bid process if the supplier is performing, offering value for money and where the foreseeable distribution to service users cannot justify the bid process.
o Sub-section (ii) remains as the only light touch exemption for contracts where there is personal choice by end users and it would be inappropriate for bids to be invited.
o Sub-section (iii) which is in regards to urgency of need under light touch contracts will be removed as there is already a generic exemption for urgent requirements that cannot be undertaken through the bid process.
· Any proposed variations, which are outside of the scope of the contract, for below threshold contracts must be made in consultation with a SCM rather than the Monitoring Officer.
· All grant agreements are now to be awarded through a competitive grants process. A direct award process can be used for grant agreements up to and including £100,000 where there is sufficient justification to do so. Previously the requirement was for all grant agreements up to and including £100,000 to be direct award only.
· Reference to the subsidy database and compliance with subsidy control law has been added to the grants section.
· Concessions Contracts upper limit amended from £50,000 to £250,000 to align it with Works Contracts which have the same threshold values for all other sections apart from this one. Note that the Council has very few concessions contracts.
· Removed the ability for the Director in consultation with the S151 Officer / Chief Executive to award a bid other than the lowest or most advantageous bid as can been seen as the Council subverting the process.
· The signature / sealing levels for Health Care Services Contracts has been amended from £500,000 to £663,540 in line with the PA2023 thresholds so that contracts between £500,000 and £663,540 can be signed by the relevant Director or by an Officer authorised by the Director to sign on their behalf.
· Added additional clarity around the Health Care Services processes, specifically regarding Direct Award Processes A and B, and an additional section has been added around the requirement for an annual summary.
· Flexibility on the use of the PSR Governance Process Report has been added for contracts below £663,540 (including VAT).
10.6 Appendix 8 sets out proposed tracked amendments to the Procurement and Contract Procedure Rules. Appendix 9 is a clean version of Appendix 8, including further tracked amendments (all considered by the Members’ Working Group on the Constitution) for Members’ consideration.
10.7 Subject to any comments Members may have, the Executive is asked to recommend the proposed revised Procurement and Contract Procedure Rules set out in Appendix 9 to full Council for approval.
11.0 MANAGEMENT OF NOTICES OF MOTION AT COUNCIL
11.1 On 4 December 2024, the Members’ Working Group on the Constitution considered a report on an issue raised by councillors regarding the management of Notices of Motion submitted to Council meetings.
11.2 At the meeting of Full Council on 13 November 2024, a total of 10 Notices of Motion were submitted ahead of the deadline. This raised some concerns amongst Group Leaders and some councillors as to the impact of this number of motions, some of which were not considered to relate to the core business of the Council, upon the running of the Council meeting and the ability to fully debate and discuss other business on the agenda.
11.3 At the meeting of Scrutiny Board on 15 November 2024, a number of the scrutiny chairs present also raised concerns about the number of Motions being referred to Overview and Scrutiny, the impact that this was having upon: the ability of the committees to progress their agreed work programmes; and members and officers as more and more time was being devoted to detailed scrutiny of complex issues raised through Motions. Concerns were also raised regarding the content and focus of some of the Motions referred, in particular: the highly political nature; the apparent lack of preparatory work done to check the feasibility of what was proposed; and the apparent lack of preparatory work done to see what was already being done by the Council.
Current process for notices of motion
11.4 The Constitution does not impose any restrictions on the number of Notices of Motion that can be submitted in total per meeting, by political group, per councillor, or by subject matter. It is an open process whereby (Council Procedure Rule 11.1 (b)):
Every notice of motion, shall relate to a matter for which the Council has duties or powers or which affects North Yorkshire or to the performance of the Chair, the Leader, the Executive or any member of it, or any committee. All such notices shall be in writing signed by the Member giving the notice and any proposed seconder and other supporter; and shall be given or sent by post or fax, or by e-mail from a North Yorkshire Councillor email address) in which case signatures are not required, to the Assistant Chief Executive Legal and Democratic Services, who shall enter it in a book, to be open to inspection by Members, at their office. A notice of motion received after midnight on the ninth day before a meeting of the Council shall not be specified in the summons for that meeting. (page 212 of the Constitution).
11.5 In considering Notices of Motion submitted ahead of the deadline, the Chair of the Council can determine whether a Motion is debated on the day or referred to the relevant committee for consideration, with a view to submitting a report for the next meeting of Council.
11.6 The Chair of the Council may reject a Notice of Motion or ask the proposer to consider re-writing and then re-submitting it where there are concerns that it:
· does not relate to a matter for which the Council has duties or powers or which affects North Yorkshire or to the performance of the Chair, the Leader, the Executive or any member of it, or any committee.
11.7 The Members’ Constitution Working Group considered a number of ways in which the number of Notices of Motion for a Council meeting could be managed through changes to the Constitution and agreed that it should be recommended to Executive and full Council that:
· any Notice of Motion should either be debated by full Council on the day or referred to the Scrutiny Board, for onward referral to an overview and scrutiny committee. The motion should then be debated by that committee and a recommendation then brought back to Council. At the Council meeting the recommendation of the overview and scrutiny committee is voted upon, with no debate and nobody speaks on the original motion;
· Council Procedure Rule 11.1(b) should be amended to ensure that Motions on Notice relate to matters that have a direct impact upon services provided by the Council.
The Assistant Chief Executive Legal and Democratic Services agreed to draft some proposed amendments to Council Procedure Rule 11 in accordance with the above and to consult members of the Working Group and the Chair of Council on the drafting ahead of reporting to Executive and full Council.
11.8 Proposed amendments to Council Procedure Rule 11 are attached at Appendix 10 to this report for consideration. At the time of writing this report, the Assistant Chief Executive Legal and Democratic Services is consulting members of the Working Group and the Chair of Council on the drafting and an update will be given at the Executive’s meeting.
11.9 Subject to any comments received and any comments Members of the Executive may have, the Executive is asked to recommend the proposed amendments to Council Procedure Rule 11 set out in Appendix 10 to full Council for approval.
12.0 FINANCIAL IMPLICATIONS
12.1 The financial implications are set out in the body of this report.
13.0 LEGAL IMPLICATIONS
13.1 The legal implications are set out in the body of this report.
14.0 ENVIRONMENTAL/CLIMATE CHANGE IMPLICATIONS
14.1 There are no significant environmental or climate change implications arising from this report.
14.2 A Climate Change Impact Assessment Screening Form is attached at Appendix 11.
15.0 EQUALITIES IMPLICATIONS
15.1 The equalities implications are set out in the body of this report.
15.2 An Equality Impact Assessment Screening Form is attached at Appendix 12.
16.0 CONSULTATION
16.1 Relevant Officers and Members have been consulted on the proposed changes set out in this report and its Appendices.
16.2 This report also incorporates the views of the Members’ Working Group on the Constitution as expressed at the Group’s meeting on 4 December 2024.
17.0 REASONS FOR RECOMMENDATIONS
17.1 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.
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RECOMMENDATIONS
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That, subject to any comments Members may have:
(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) the proposed amendments to Council Procedure Rule 2.3 as set out in Appendix 2 to this report be recommended to full Council for approval;
(d) the proposed amendments to the Code of Practice for Councillors and Officers dealing with Planning Matters in Part 5 of the Constitution, as set out by way of tracked changes at Appendix 3 to this report be recommended to full Council for approval;
(e) the proposed amendments to the General Licensing and Registration Committee Terms of Reference as set out by way of tracked changes at Appendix 4 to this report be recommended to full Council for approval;
(f) the proposed amendments to Council Procedure Rule 10.6(b) as set out by way of tracked changes at Appendix 5 to this report be recommended to full Council for approval;
(g) the proposed amendments to the Health and Wellbeing Board’s Terms of Reference as set out by way of tracked changes at Appendix 6 to this report be recommended to full Council for approval;
(h) the proposed amendments to the Guidance Notes on the Members’ Allowances Scheme as set out by way of tracked changes at Appendix 7 to this report be recommended to full Council for approval;
(i) the proposed amendments to the Procurement and Contract Procedure Rules set out in Appendix 8 to this report be recommended to full Council for approval;
(j) the proposed amendments to Council Procedure Rule 11 as set out in Appendix 10 to this report be recommended to full Council for approval. |
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BARRY KHAN
Assistant Chief Executive Legal and Democratic Services
County Hall
NORTHALLERTON
12 December 2024
Background Documents:
North Yorkshire Council Constitution
The Local Government 2000 as amended
Appendices: