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1
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Introduction to the Constitution
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Appendix A
Pages 43 to 48
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Citizens’ Rights
Amend text to clarify that written questions to Full
Council are permitted.
Explanatory Notes
Change explanatory note to 12am rather than
11pm.
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Agreed as per report
Agreed as per report with the following
amendments:
Amend wording in explanatory notes to read ‘12 midnight’
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2
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Article 3 – Citizens and the Council
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Appendix B
Pages 49 to 50
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Citizens’ Rights
At 3.01 (b) (i) add the words “that part of”
after “and” and before
“meeting”.
Amended section 3.01 (b) (i) to read: “Attend
meetings of the Council and its committees, except where
confidential or exempt information is likely to be disclosed and
that part of the meeting is therefore held in
private”
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Agreed as per report
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3
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Article 7 – Committees, Sub-Committees, Area
Committees and Forums and the Local Strategic
Partnership
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Appendix C
Pages 51 to 52
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Local Strategic Partnership
Remove the term “non-statutory body” and
replace with “advisory Committee”.
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Agreed as per report
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4
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Article 9 – Chief Officers
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Appendix D
Pages 53 to 56
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Management Structure
In paragraph 9.01 (b) delete list of powers exercised by
the Monitoring Officer as set out in the report
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Agreed as per report
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5
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Article 10 – Decision Making
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Appendix E
Pages 57 to 58
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Decision making by the Full
Council
At the end of paragraph 10.04 add the following sentence:
“If Full Council Procedure Rules are silent on a matter, then
the Meeting Procedure Rules will be followed.”
Decision making by other committees and
sub-committee established by the Council
In paragraph 10.05 delete “Council” and replace
with “Meeting”.
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Agreed as per report
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6
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Article 12 – Review and Revision of the
Constitution
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Appendix F
Pages 59 to 60
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Procedure to be followed to change
governance arrangements
At the end of paragraph 12.01 add the following sentence:
“Subject to the result of the referendum, the relevant
provisions of the Localism Act 2011 would then require to be
followed in order to bring the new system into
effect.”
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Agreed as per report
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7
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Responsibility for Functions
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Appendix G
Pages 61 to 68
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Functions of the Full Council
Amend paragraph 1.14 to include the wording “or
dismissal” after “appointment” and before
“of”.
Amended section 1.14 to read “Confirming the
appointment or dismissal of the Head of Paid
Service.”
Limitations on delegation to Council
committees and sub-committees
At the end of section 5.3 delete the wording
“…and subject to the limitation for deciding matters
crossing Committee’s boundary as set out in Article 7 of the
Constitution.”
Members’ rights to refer matters to
parent body
In paragraph 6.2 add the following wording after
“committee”: “…within whose Terms of
Reference it falls before the Committee has made a decision on the
recommendation in that item”
At the end of paragraph 6.3 add the following sentence:
“This must occur before the decision has been taken at the
committee or sub-committee.”
At the end of paragraph 6.6 delete “up” and add
the following wording after “referred”: “to the
Planning Committee unless it falls within the terms of reference of
the Planning Committee.”
Table at paragraph 6.8 –
After “Planning Committee” add “(if
within the Terms of Reference of the Planning Committee)”;
and
In the column titled ‘No. of Members required to
support a referral’ and in the row ‘All Other
Committees’ amend to read “4 (where Membership 9 or
more”
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Agreed as per report
Agreed as per report
Agreed as per report with the following
amendment:
Add “and / or Planning” after
“Area” and before “Committee”
Agreed as per report
Agreed as per report
Agreed as per report
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8
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Responsibility for Functions Annex A
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Appendix H
Pages 69 to 100
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Annex A to Responsibility for Functions
– Membership and Terms of Reference of Committees and
Partnership Boards
Add to the terms of reference each theme committee the
following wording: “To consider petitions within the remit of
the Committee that contain between 2,000 and 6,999 signatures in
accordance with the Public Participation and Engagement
Rules”.
Add to the terms of reference of each theme Committee
“Authorise procurement activity within the remit of the
Committee and any acceptance of variations or extensions if within
budget in accordance with the responsibilities and thresholds set
out in Contract Procedure Rules.”
Neighbourhood Plans:
Amend the terms of reference of Policy and Resources,
Assets Regeneration and Growth, Planning Committees and Area
Committees amended accordingly as per the report
Remove from General Functions Committee terms of reference
responsibility for “Appointing representatives on outside
bodies” and “Appointing representatives to School
Governing Bodies”
Functions of Full Council
Add to section 1.8 after “bodies” and before
“unless” “…(including school governing
bodies)…”
Additional recommendation
Health Overview and Scrutiny
Committee, Terms of Reference. Amend section 5 to include after
“Council” and before “authorised” add
“…and the Health Overview and Scrutiny Committee
are…”
Local Strategic Partnership
Terms of Reference. Amend section (a)
to delete “a non-statutory body” and replace with
“an advisory committee”
Add to the Terms of Reference of each theme
committee:
“Authorise procurement activity within the remit of
the Committee and any acceptance of variations or extensions if
within budget in accordance with the responsibilities and
thresholds set out in Contract Procedure Rules.
To submit to the Policy and Resources Committee proposals
relating to the Committee’s
budget for the following year in accordance with the budget
timetable.
To make recommendations to Policy and Resources Committee
on issues relating to the budget for the Committee, including fees
and charges proposals and virements or underspends and overspends
on the budget. No decisions which result in amendments to the
agreed budget may be made by the Committee unless and until the
amendment has been agreed by Policy and Resources
Committee.”
Add to the Terms of Reference of the Policy & Resources
Committee the following responsibilities:
·
Review of progress of petitions considered at theme
committees; and
·
Report on the issuance of grants below £5,000
by officers
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Agreed as per report
Agreed as per report
Agreed as per report
Not agreed
General Functions Committee (GFC) to retain primacy in
making appointments on outside bodies and school governing
bodies. Where the appointment is urgent
and required before the next scheduled GFC, Full Council is
empowered to take the decision
As above
General Functions Committee terms of reference. Add after Ward Boundaries “ – request
a ward boundary review by the Electoral
Commission”
Agreed as per report
Agreed as per report
Agreed as per report
Agreed
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9
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Responsibility for Functions – Officer Scheme of
Delegation Annex B
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Appendix I
Pages 101 to 124
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Delegated Authority to the Monitoring
Officer
In relation to authorising payments of up to £5,000
for maladministration add to the existing wording after
“maladministration” the following:
“…before any finding by the Ombudsman, in accordance
with Section 92 of the Local Government Act 2000”
Delegated Authority to the Deputy Chief
Operating Officer (Deputy Section 151 Officer)
Add the following wording: “Approving the issue of
grants to the voluntary sector for amounts £5,000 and
below”
Section 1.10 amend to read “In addition, in
consultation with the Chairman of the Policy and Resources
Committee:”
Section 1.11 delete the following wording:
·
the Section 151 Officer in consultation with the
Chairman of Assets, Regeneration and Growth Committee to make
decisions about:
o
Entering into new leases with a consideration between £25,000
and £50,000 per annum where the council is granting the lease
at best consideration in accordance with the Local Government Act
1972.
o
Acquisitions of land whether freehold or leasehold where the cost
of the interest being acquired is between £20,000 and
£30,000 per annum or as a one off
consideration.”
Delegated Authority to the Chief
Operating Officer / Director of Finance
Amend table as follows:
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With HB Public Law
to make decisions about operational and works licences, easements,
rent reviews and licences to assign, lease renewals,
new leases, and acquisitions of land,
whether freehold or leasehold, ,in accordance with legislation
relating to Best Consideration and with the Asset, Land and
Property Rules, specifically the thresholds set out in Annexes A
and B
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Local Government Act
1972
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To respond to
statutory notifications by Foundation Schools on proposals to
dispose of surplus land.
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Agreed as per report
Agreed as per report
Agreed as per report
Agreed as per report
Agreed as per report
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10
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Full Council Procedure Rules
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Appendix J
Pages 125 to 136
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Amend section 2.1, bullet 15 as
follows:
Add the following wording after
“…if there is more than one
submitted”:
“The opposition motion
debated will be determined by the opposition if there is more than
one submitted.”
Addition to section 2.1 to include after “10pm”
“…regardless of any extension to the meeting under 2.2
below”
Add a new section 2.2 as follows:
“The provisions in Meeting
Procedure Rules 14.1 and 14.2 also apply to Council, namely that no
business shall be transacted after 10pm and any business transacted
after that time shall be null and void, but that at any meeting of
Full Council, the Mayor or person presiding as Chairman may extend
the period for the transaction of business to
10.30pm.”
Add to the start of 15.2 “Decisions shall be taken by
a majority of those members present and voting except where specific provisions in this Constitution provide
otherwise.”
Time for debate
At the beginning of section 21.1 delete the following
sentence: “The time allowed will be set out in the
timetable”
Add a new section 2.2 (and renumber subsequent sections) as
follows:
“For all other items of
business (e.g. reports of Committees or from Officers), each of the
first two speakers may speak for a maximum of three minutes and all
other speakers a maximum of two minutes.”
Amend order of business of Full Council to consider
‘Question Time’ at Part 2
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Agreed
Consideration deferred to enable a detailed report on
adjournment motions to be considered at the next meeting
Agreed as per report
Agreed as per report
Agreed as per report with the following
amendments:
Delete “Each of the first three
speakers under Rule 20.2 may speak for a maximum of 5
minutes.” and replace with “Each of the first speakers
from each Group under Rule 20.2 may speak for a maximum of 5
minutes.”
Agreed as per report
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11
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Meeting Procedure Rules
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Appendix K
Pages 137 to 146
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Members’ Rights
Amend section to read: “A
Member (including Members appointed as substitutes by Council) will
be permitted to have one matter only (with no sub-items) on the
agenda for a meeting of a Committee or Sub-Committee on which s/he
serves. This rule does not apply to the
Licensing Committee and Licensing Sub-Committees. A referral from Full Council will not count as a
members item for the purposes of this rule.”
Reports of Committees to Council or parent body
Delete sections 12.1 and 12.2
and replace with: “There are a number of ways Committees and
Sub-Committees may refer reports to their parent bodies, other
Committees or Council which are set out in Paragraph 6 of the
Responsibility for Functions section of the Constitution. Where a
referral is made under that paragraph, the Officer’s report
to the Committee and any recommendations of the Committee or
Sub-Committee will be submitted to the next meeting of the Council
or the Committee concerned.”
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Agreed as per report
Agreed as per report
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12
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Public Participation and Engagement
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Appendix L
Pages 147 to 152
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Amend section 6.9 to refer to “relevant theme”
committee instead of “Policy & Resources
Committee”
In list of actions in Section 6.9 v) delete all and replace
with:
·
“Take no action
·
Note the petition
·
Agree a recommended course of action
·
Instruct an officer to prepare a report for a future
meeting of the Committee on the issue(s) raised”
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Agreed as per report
Agreed as per report
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13.
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Access to Information Rules
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Appendix M
Pages 155 to 162
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Remove reference to Local Authorities (Executive
Arrangements) (Meetings and Access to Information) (England)
Regulations 2012 from the list of references
Members’ Rights to
Information
Amend section 13.1 to include the following wording as the
final sentence of the paragraph:
“Members have a common
law right of access to council documents based on a ‘need to
know’. When making a request Members should clearly state the
reason why they need the information they have
requested.”
Amend section 13.5 as follows:
Delete “Local Government Finance Act 1982” and
replace with “Sections 14 – 16 of the Audit Commission
Act 1998 and Regulations 21, 22 and 25 of the Accounts Audit
(England) Regulations 2011”
Add after 13.5 the following as section 13.6:
“Where it is not appropriate to send a Member a
document on the grounds it is confidential or exempt the following
procedures will be adopted for inspection, keeping in mind
paragraph 13.3:
·
Members should have
access to the information for supervised reading.
·
This means that the
Member must attend mutually agreed council premises to read the
documents.
·
A paper or electronic
copy will not be supplied in these cases nor will photocopying be
permitted.
·
An officer with
sufficient understanding and experience to answer any questions
should be present, as should a lawyer
·
In some circumstances
Members may be asked to sign confidentiality
agreements”
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Agreed as per report
Agreed as per report
Agreed
Agreed that additional section 13.6 be redrafted a
circulated to Committee Members for review prior to submission to
Full Council
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14
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Budget and Policy Framework
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Appendix N
Pages 163 to 166
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Delete the following references:
“Chapter 2, DETR Guidance
The Local Authorities (Functions and Responsibilities)
(England) Regulations 2000”
Procedure for budget
preparation
Amend the wording at Section 3 (c) to read as follows:
“Policy and Resources will take into consideration
consultation and proposals from theme committees.”
Add the following wording to section 3: “The theme
committees will consider the budget for their areas of
responsibility and submit proposals to the Policy & Resources
Committee”
Remove section 4 and renumber remaining
sections.
Remove the latter part of section 7
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Agreed as per report
Agreed as per report
Agreed as per report
Agreed as per report
Agreed as per report
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15
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Financial Regulations
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Appendix O
Pages 167 to 192
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Annual Budget Setting
Add at the end of section 4.3.3: “Theme Committees
will work up proposals for Policy and Resources Committee
consideration”.
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Agreed as per report subject to the following amendment:
“Theme Committees will work up proposals for consideration by
the Policy & Resources Committee”
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16
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Asset Land and Property Rules
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Appendix P
Pages 193 to 204
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Application
Amend section 2.16 to include the following wording after
“(2)” and before “if”: “(A) of the
Local Government Act 1972”
Asset Value Consideration
Amend the final sentence of section 6.3 to read” A
Less than Best Consideration offer may be recommended to Council
under special circumstances, following approval by the Secretary of
State for Communities and Local Government if it falls outside the
scope of the General Disposal Consent 2003.
Definitions
Add to Section 13 the following definition: “Approved
Officer” means any Director, Assistant Director, Lead
Commissioner or Head of Service in accordance with the Scheme of
Delegation who has responsibility for client management of the
Estates function. All contracts
tendered and let by their respective area of responsibility
including contact monitoring and management once the contract is in
place”
Appendix 1 – Table A –
Authorisation Delegated Powers
Descriptions of officers in Table A amended, and Rows A and
B in Table 1 become a single row
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Agreed as per report
Agreed as per report
Agreed as per report
Agreed as per report
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17
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HR Regulations
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Appendix Q
Pages 205 to 210
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Disciplinary Action
Under 2.1.6 (a) second column add: “The Head of Paid
Service has the power to appoint a Designated Independent
Person. Where the process involves the
Head of Paid Service the Monitoring Officer shall have this
power”
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Agreed as per report
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18
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Protocol for Member Officer Relations
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Appendix R
Pages 211 to 224
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Why
Protocols
Section 1.2 delete: “Jack
Cohen, Leader of the Liberal Democrat Group”
Amend section 2.4,
2nd bullet point to include after “officers”
and before “to and other local public
services”
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Agreed as per report
Agreed as per report
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