Decision details

Constitution Review

Decision status: Recommendations Approved

Is Key decision?: No

Is subject to call in?: No

Decisions:

RESOLVED that the Committee:

 

1.    Note the following amendments the Constitution Review report to be presented to Council:

 

Section 1.2, Item 2

Add ‘A, B and C’ after Planning Committees.

 

Section 1.2, Item 3

Delete ‘chairman or’ from the issue identified column.

 

Amend the changes proposed column to delete ‘Chairman’ and replace with ‘Monitoring Officer’

 

Section 1.2, Item 4

Add ‘request’ to the issue identified column.

 

Add ‘request to’ to the changes proposed column.

 

Section 1.2, Item 8

Delete ‘agreed’ with ‘indicated’ in the issue identified column.

 

Delete ‘theme’ in the issue identified column.

 

Section 1.2, Items 15 and 16, Issue Identified

Delete ‘Capital Strategy Board (CSB)’ and replace with ‘senior officers’

 

Section 1.2, Item 22, Issue Identified

Delete existing wording and replace with:

 

“In paragraph 8.4, it currently says CSG Procurement will undertake financial assessments for Procurements valued under the Find a Tender thresholds of £189,330 for goods and services and £4,733,252 for works. Under the Public Contract Regulations 2015 there is no requirement for financial assessments at these lower values with the aim being to encourage small and medium size enterprises to bid for public contracts.”

 

 

2.    Recommend to Council that the Constitution be amended to incorporate the changes set out in the report and the amended versions attached at Appendices A to P subject to the following changes:

 

Appendices A and B

Article 2 (Members of the Council (Councillors))

Members Rights to Speak at Licensing Committees

Delete proposed new section which set out Members rights to make representations on licensing applications and speak at committees.  A comprehensive review of the Members Licensing Code will be undertaken in consultation with the Licensing Committee and will be reported to a future meeting of the Committee. 

 

Appendices A and B

Article 2 (Members of the Council (Councillors))

Members Rights to Refer Matters to Parent Body

 

Amend section 2.3 (e) to:

 

Refer to Planning Committees ‘A, B and C’ and the ‘Strategic’ Planning Committee.

 

Delete ‘If there is a proposal to refer any matter to the Planning Committee the referral must take place before voting on the officers’ recommendations commences’ as it is repetitious.

Appendices A and B

Article 2 (Members of the Council (Councillors))

Members Rights to Refer Matters to Parent Body

Amend section 2.3 (f) to:

 

Replace ‘Chairman’ with ‘Monitoring Officer’ and add ‘as soon as possible’

 

Replace ‘area planning committees’ with ‘planning committees’

 

Appendices A and B (Members of the Council) – Members Rights to Refer Matters to Parent Body

 

Amend section 2.3 (g) to:

 

Add ‘request’

Appendices K and L

(Financial Regulations)

Section 2.4 Budget Management & Monitoring

 

Amend section 2.4.4 to say:

 

Article 9 (Table of Chief Officers) details which posts within the council are designated as Chief Officer.

 

Appendices K and L

(Financial Regulations)

Section 2.4 Budget Management & Monitoring

 

Amend section 2.4.6 to:

 

Delete ‘at Capital Strategy Board’ and replace with ‘by senior officers’

 

Appendices K and L

(Financial Regulations)

Section 3.3 Assets

 

Amend section 2.4.6 to:

 

Delete ‘Capital Strategy Board’

 

Appendices M and O

Contract Procedure Rules

Section 4 Authorisation

Section 4.3:

 

Add ‘Annual Procurement Forward’

 

Appendices M and O

Contract Procedure Rules

Section 8 Acceptance

Section 8.4:

 

Delete ‘by’ and add ‘by the following:’

 

Delete ‘shall identify the relevant council officer(s)’

 

Delete the specific goods and works financial values and replace with ‘Find a Tender’ threshold for services/goods and works

 

Delete the ‘Director of Finance’ and replace with ‘Director of Resources (Section 151 Officer)’

 

Appendices O and P

Members Allowances Scheme

Withdrawn from the agenda with a request that officers complete benchmarking and report back to a future meeting of the Committee.

 

 

3.    Agree that a report be presented to the next meeting of the Committee on the implementation of changes to Article 2 (Members of the Council (Councillors)) section (f) in relation to Members Items.

 

Publication date: 08/10/2021

Date of decision: 04/10/2021

Decided at meeting: 04/10/2021 - Constitution and General Purposes Committee

Accompanying Documents: