Agenda

Constitution - Tuesday, 2nd April, 2024

Note: To view the Whole Constitution, click Document pack above or find each section individually below 

Items
No. Item

Decision Making Arrangements pdf icon PDF 227 KB

Part 1

Summary and Explanation

Summary and Explanation pdf icon PDF 140 KB

·       The Council’s Constitution

·       What’s in the Constitution

·       How the Council Operates

·       How Decisions are Made

·       Overview and Scrutiny

·       The Council’s Staff

·       Citizens’ Rights

Part 2

Articles of the Constitution

Article 1 - The Constitution pdf icon PDF 148 KB

Article 2 - Members of the Council pdf icon PDF 149 KB

Article 3 - Citizens of the Council pdf icon PDF 105 KB

Article 4 - The Full Council pdf icon PDF 123 KB

Article 5 - Chairing the Council pdf icon PDF 98 KB

Article 6 - Overview and Scrutiny Committees pdf icon PDF 521 KB

Article 7 - The Cabinet pdf icon PDF 146 KB

Article 8 - Regulatory and other committees pdf icon PDF 103 KB

Article 9 - The Standards Committee pdf icon PDF 122 KB

Article 10 - Area Committees and Forums pdf icon PDF 97 KB

Article 11 - Joint Arrangements pdf icon PDF 132 KB

Article 12 - Officers pdf icon PDF 124 KB

Article 13 - Decision Making pdf icon PDF 193 KB

Article 14 - Finance, Contracts and Legal Matters pdf icon PDF 95 KB

Article 15 - Review and Revision of the Constitution pdf icon PDF 103 KB

Article 16 - Suspension, Interpretation and Publication of the Constitution pdf icon PDF 102 KB

Schedule 1 - Description of Executive Arrangements pdf icon PDF 100 KB

Part 3

Responsibility for Functions

Responsibility for Functions Exercised only by the County Council pdf icon PDF 384 KB

Table 1 - Cabinet Responsibilities and Functions pdf icon PDF 225 KB

Table 2 - Responsibility for Local Choice Functions pdf icon PDF 116 KB

Table 3 - Responsibility for executive functions exercised by Cabinet Members, As Listed by the Leader (Article 7.06 of the Constitution refers) pdf icon PDF 152 KB

Table 4 - Regulatory Committee Responsibilities and Functions pdf icon PDF 117 KB

Table 5 - Other Committees and Panels Appointed to undertake functions which are not the responsibilities of the Cabinet, or to assist the Cabinet by advising it on issues for which it is responsible, or established in accordance with legislative requirements pdf icon PDF 684 KB

Table 6 - Scheme of Delegations to Officers pdf icon PDF 479 KB

  • General delegation
  • Delegations to Chief Executive and all Directors
  • Delegations to Particular Officers

List of Proper Officers Designated by the County Council pdf icon PDF 137 KB

Part 4

Rules of Procedure

(1) Council Procedure Rules pdf icon PDF 451 KB

·      Scope – Standing Order (SO)

·      Part 1 – Council Meetings

o   (A) General

SO1

Interpretation

SO2

Place and time of meeting

SO3

No smoking

SO4

Mobile phones and refreshments

SO5

Summons

SO6

Circulation of committee reports

SO7

Record of attendances

SO8

Admission of public and press and recording of proceedings

SO9

Motions affecting employees

SO10

Order of business

SO11

Election of Chairman and Appointment of Vice-Chairman

SO12

Minutes

SO13

Council in Committee

SO14

Suspension of Standing Orders

SO15

Termination of meetings

SO16

Adjournment of meeting

SO17

Quorum

o   (B) Presentation of Reports

SO18

Reserved paragraphs

o   (C) Rules of Debate

SO19

Members to stand

SO20

Respect for the Chairman

SO21

Relevance of speeches

SO22

Points of order or personal explanation

SO23

Length of Speeches

SO24

Requirement for a motion or amendment to be seconded

SO25

Seconder may reserve speech

SO26

When a member may speak again

SO27

Definition of “amendment”

SO28

Disposal of amendments

SO29

Alteration of motions

SO30

Withdrawal of motion or amendment

SO31

Closure of debate on a motion or amendment

SO32

Right of reply

o   (D) Voting

SO33

Method of Voting

SO33

Recorded Vote on Budget and Council Tax setting

SO34

Voting on appointments

o   (E) Motions

SO35

Motions which may be moved without notice and/or during debate

SO36

Motions of which notice must be given

SO36.9

Motions separately referred to on summons

SO36.11

Motions received after dispatch of agenda of appropriate Committee

SO36.12

Motions referred to a Committee or a Lead Cabinet Member

SO37

Members’ rights in relation to motions

SO38

Motion not moved to lapse

SO29

Restrictions on Further Motions

o   (F) Petitions

SO40

Petitions

o   (G) Questions

SO41

Provisions which relate to questions from members of the public and members of the County Council (oral and written)

SO42

Questions from members of the public

SO43

Oral Questions by members of the County Council

SO44

Written Questions by Members of the County Council

o   (H) Debate of Cabinet’s priorities for year ahead

SO45

Debate of Cabinet’s priorities for year ahead

o   (I) Disorderly conduct

SO46

Disorderly conduct

SO47

Disclosure of Council business

·       Part 2 – Committees and Delegations to Individual Members

SO48

Appointment of Committees and Sub-Committees

SO49

The Cabinet

SO50

Constitution and Functions of Committees, Sub-Committees, Panels and other bodies

SO51

Committee Chairs and Vice-Chairs Appointed by the Council

SO52

Chairs of Panels and Other Groups of Members

SO53

All Committees, Sub-Committees and Panels

SO54

Summoning of meetings

SO55

Voting in Cabinet, Committees and Sub-Committees

SO56

Delegations to Individual Members

SO57

Standing Orders to apply to Committees and Sub-Committees

SO58

Remote Attendance at meetings

·       Part 3 – General

SO59

Custody of common seal

SO60

Sealing of documents

SO61

Inspection of documents

SO62

Inspection of lands, premises, etc

SO63

Personal Interests

SO64

Interest of officers in contracts

SO65

Members intending to act in a professional capacity in a matter in which the Council has an interest

SO66

Standing Orders and Statement of the Role of Councillors

 

 

 

(2) Access to Information Procedure Rules pdf icon PDF 165 KB

Rule

 

1

Scope

2

Additional Rights to Information

3

Rights to Attend Meetings

4

Notices of Meeting

5

Access to Agenda and Reports Before the Meeting

6

Supply of Copies

7

Access to Minutes etc After the Meeting

8

Background Papers

9

Summary of Public’s Rights

10

Exclusion of Access by the Public to Meetings

11

Exclusion of Access by the Public to Reports

12

Application of Rules to the Cabinet

13

Procedure Before Taking Key Decisions

14

The Forward Plan

15

General Exception

16

Special Urgency

17

Report to Council

18

Record of Decisions

19

Cabinet Meetings Relating to Matters which are not Key Decisions

20

Notice of Private Meeting of the Cabinet

21

Attendance at Private Meetings of the Cabinet

22

Decisions by Individual Members of the Cabinet

23

Overview and Scrutiny Committees Access to Documents

24

Additional Rights of Access for Members

25

Procedures Prior to Private Meetings

 

 

 

(3) Budget and Policy Framework Procedure Rules pdf icon PDF 123 KB

1

The framework for Cabinet decisions

2

Process for developing the framework

3

Decisions outside the budget or policy framework

4

Urgent decisions outside the budget or policy framework

5

Virement

6

In-year change to policy framework

7

Call-in of decisions outside the budget or policy framework

 

 

 

(4) Cabinet Procedure Rules pdf icon PDF 119 KB

·       How does the Cabinet operate?

·       How are Cabinet Meetings Conducted?

(5) Overview and Scrutiny Procedure Rules pdf icon PDF 257 KB

1

What will be the number and arrangement for overview and scrutiny committees?

2

Organisational Arrangements and Responsibilities

3

“Substitutes” on Scrutiny Committees

4

Press and media releases

5

Timetable for Reviews

6

Interviews as Part of Review

7

Meetings of the Chairs and Vice-Chairs of Scrutiny and Audit Committees

8

Who may sit on overview and scrutiny committees?

9

Co-opted Members

10

Meetings of the overview and scrutiny committees

11

Quorum

12

Who chairs overview and scrutiny committee meetings?

13

Work programme

14

Agenda items

15

Policy review and development

16

Reports from overview and scrutiny committee

17

Making sure that overview and scrutiny reports are considered by the Cabinet or policy committees

18

Rights of overview and scrutiny committees members to documents

19

Guidance on Call-in

20

Call-in and Call-in & Special Urgency

21

The party whip

22

Procedure at overview and scrutiny committee meetings

23

Matters within the remit of more than one overview and scrutiny committee

 

 

 

(6) Public speaking at meetings of the Planning Committee pdf icon PDF 149 KB

(7) Financial Procedure Rules pdf icon PDF 249 KB

A.1

Introduction

A.2

General Financial Management

A.3

Accounting Arrangements

A.4

Audit Arrangements

A.5

Control of Financial Budgets

A.6

Control of Staffing Budget

A.7

Control of Financial Information and Communication Systems

A.8

Control of Contracts

A.9

Banking Arrangements

A.10

Treasury Management, Investments and Trust Funds

A.11

Estates

A.12

Insurance

A.13

Financial Limits

A.14

Fees and Charges

A.15

Reserves

A.16

Value Added Tax (VAT) and Taxation

 

 

 

(8) Procurement Standing Orders pdf icon PDF 499 KB

1

Introduction

2

Finding and contracting with suppliers

3

Procurement methods

4

Waivers and Emergencies

5

Liability and Security

6

Managing Contracts

7

Paying our suppliers

8

Disposing of surplus goods

 

 

 

(9) Officer Employment Procedure Rules pdf icon PDF 305 KB

1

Recruitment and appointment

2

Recruitment of head of paid service and chief officers

3

Appointment of head of paid service

4

Appointment of chief officers and deputy chief officers

5

Other appointments

6

Disciplinary action

 

 

 

Part 5

Codes and Protocols

(1) Code of Conduct for Members pdf icon PDF 264 KB

·       Part 1 – General Provisions

·       Part 2 – Interests

·       Part 3 – Registration of Interests

·       Appendix 1 – The Seven Principles of Public Life

(2) Code of Conduct and Conflict of Interest Policy pdf icon PDF 629 KB

(3) Code on Member/Employee Relationships pdf icon PDF 183 KB

(4) Protocol on Decision Making pdf icon PDF 127 KB

(5) Advice to Members Serving on Outside Bodies pdf icon PDF 239 KB

Part 6

Scheme of Members' Allowances

Scheme of Members' Allowances pdf icon PDF 253 KB

·       Basic Allowance

·       Special Responsibility Allowance

·       Travel Allowances

·       Subsistence Allowances

·       Dependents’ Carers’ Allowance

·       Telephones

·       Co-optees’ Allowance

·       Amendments to the Scheme

·       Payment of allowances

·       Election not to receive payment

·       Councillor Parental Leave Policy

·       Annex 1 – Other bodies to which the Authority makes appointment or nominations (and any Committee or Sub-Committee of these bodies)

·       Annex 2 – Travelling and Subsistence Rates

·       Appendix 1 – Member Parental Leave Policy