PURPOSE

1. To update the Constitution following the last meeting of the Council in order to reflect a number of detail changes recommended by members and officers to ensure that the new governance structures and systems, as agreed at Annual Council are fully reflected.

BACKGROUND

2. The adoption and publication of a constitution is a requirement under the Local Government Act 2000 and, particularly, under the Constitutional Order 2000 (which prescribes the subject areas which are usually covered by the Constitution).

3. The Constitution is a living document and at its last meeting the Council adopted version 3.4, that had in several areas been comprehensively re-written to reflect the new governance structures and systems as agreed at the Annual Council Meeting.

AMENDMENTS

4. Since the last meeting a number of Members and officers have had a further opportunity to work through the detail and have suggested a number of changes to reflect the new arrangements.

5. In addition to the host of minor changes (that could have been undertaken by the delegation to the Chief Executive) there are two key changes as follows:

(a) The addition of the Terms of Reference for the Regulatory Committee (these had been implicit in earlier decisions of Council but they need to be explicit) – page 34; and

(b) The Rules for the Regulatory Committee (again these had been implied but do need to be explicit) - page 101.

6. A full copy of the latest version of the Constitution (Version 3.5) is available on the Council’s web site from a link on this report. Version 3.5 incorporates all suggested amendments in coloured text. (Link to Constitution (Version 3.5))

FUTURE WORK

7. There remains the list of future work highlighted in the report to the last Full Council and this will be undertaken as resources allow, with detailed reports to Full Council as appropriate.

EVALUATION/RISK MANAGEMENT

8. The changes agreed at Annual Council require substantial amendments to the Constitution. For so long as the new structures are being operated under the terms of the previous Constitution there is some risk that a decision will be taken which is unlawful for want of the correct structures having been established and set out in the Constitution.

9. It was acknowledged in the report considered by the last Council meeting that there had been limited consultation on the changes. The changes now suggested reflect the feedback from a further period of consultation, and should therefore have broad support.

10. It is therefore suggested that Members adopts the constitutional documentation as re-drafted. In the event that there are still reservations about any individual part of the new constitutional settlement, early work can be undertaken, to bring re-drafted sections to a further meeting of Full Council. If minor, for the amendments to be undertaken under the Chief Executive’s delegation. In either event, “on the hoof” changes at Full Council should be avoided so as to minimise avoidable risks.

11. Given the changes suggested (primarily minor in nature) and that the current version has had a period of consultation, Members are recommended to adopt the current version.

RECOMMENDATION

12. It is recommended that Full Council adopts the revised new Constitution, Version 3.5.

BACKGROUND PAPERS

13. Draft Constitution versions 3.4 and oral and written conversations with Members and officers.

Contact point: John Lawson, Head of Legal and Democratic Services and Monitoring Officer ( 3203, email address: [email protected]

COUNCILLOR R A SUTTON

Leader of the Council