Agenda item

Recommendations:

 

(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.

 

Considered – A report of the Assistant Chief Executive Legal and Democratic Services presenting amendments to the Constitution made under delegated powers and presenting proposed amendments to the Constitution for recommendation to full Council.  The views of Members were also sought in relation to a proposed full review of the Constitution following 12 months’ operation of the unitary authority.

 

Councillor David Chance, Executive Member for Corporate Services, introduced the report and provided an overview of the proposed changes to the Constitution, as detailed in the report and its appendices.  Councillor Chance referred to the adoption of the Constitution by Council when it had agreed that a review of the Constitution should take place after 12 months’ operation of the unitary authority.  The Constitution had been reviewed by the Member Working Group on the Constitution throughout the year and the Executive Member suggested the Executive may wish to recommend a continuation of this ongoing procedure.

 

Barry Khan, the Assistant Chief Executive Legal and Democratic Services, drew specific attention to the proposed changes to the Council Procedure Rules as set out at Section 6 and Appendix 4 of the report.  In particular Members were requested to consider whether the changes to Council Procedure Rule 9 – Public Questions should apply to all Committee meetings or just meetings of the Council.  He also highlighted the proposals that the Transition (Local Government Reorganisation) Overview and Scrutiny Committee be replaced by a Housing and Leisure Overview and Scrutiny Committee with effect from the Annual Meeting on 15 May 2024.

 

Executive Members welcomed the proposed Housing and Leisure Overview and Scrutiny Committee and Councillor Chance advised that it was proposed that the Scrutiny Board be consulted on the redistribution of the work of the Transition Overview and Scrutiny Committee between the various scrutiny committees.  Members also supported the process of continually reviewing the Constitution and the recommendations were updated to reflect this.  Consideration of Council Procedure Rule 9 was held over for the Council to consider.

 

Having considered the proposals, the Executive voted in favour of the recommendations, and it was

 

Resolved (unanimously) – that the following be noted and recommended to Council for approval:

 

(a)   the proposed amendments to the Constitution set out in Part A of Appendix 1;

 

(b)   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, be reported back to full Council for information;

 

(c)   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, be noted for reporting back to full Council for information;

 

(d)   the Development Plan Committee Terms of Reference and Delegated Powers consequentially included in the Constitution and attached at Appendix 3 to this report be noted 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)     Members consider and determine 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 consequential amendments as required to the Council Procedure Rules in this respect;

 

(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;

 

(k)   instead of a detailed review of the Constitution post 12 months’ operation of the new authority, the current process of ongoing review by the Members’ Working Group on the Constitution be continued.