Agenda Item No____17________
NNDC REVISED CONSTITUTION
Summary:
The purpose of this report is to submit to Council for
approval a revised Constitution
Conclusions:
The report explains the changes in the Constitution and
asks members to consider the revised version for
adoption
Recommendations:
To adopt the revised Constitution appended to the
report with effect from 20th December 2012.
Cabinet Member(s)
All
Wards affected
All
Contact Officer, telephone number and email: David Johnson Interim Monitoring
Officer, 01603 222313 david.johnson@norfolk.gov.uk
1.
Introduction
I have been instructed by the Constitution Working Party and the Chief Executive
Officer to prepare and submit a revised constitution for the Council
1. 1
A new revised constitution document has been sent to all Members. I will be
at the meeting of Council on 19 December to answer questions on the revised
constitution.
1.2
The changes from the previous constitution comprise and reflect:•
•
•
•
2.
.
Changes in the law
Changes in the internal structure of the Council, titles of postholders etc.
Improvements on specific aspects of the previous constitution suggested by
the Officer responsible for those specific aspects.
Decisions of the Constitution Working party.
Legal Status of Constitution
In terms of the underlying legal obligation to have a Constitution the law
(Section 9P of the Local Government Act 2000) says only that an Authority
must include in its Constitution its Code of Conduct, its standing orders and
any other document it wishes or which the Secretary of State requires. The
Secretary of State has never issued any directions. The contents of a
Constitution are therefore reasonably flexible but North Norfolk, as with other
Authorities, appropriately includes in the Constitution all such matters relating
to structures, processes and other information that the public reasonably
require for their dealings with the Council.
The Constitution is required to be a publicly available document.
3.
Implications and Risks
As with all publicly available documents there is a need to keep the
Constitution under review and ensure it is updated from time to time. The
Monitoring Officer has the power to make minor changes and more significant
amendments will be submitted to Council for approval.
4.
Financial Implications and Risks
No significant financial risks are identified in this report
5.
Sustainability
No specific implications
6.
Equality and Diversity
The Constitution reflects the Council’s duty under the Equality Act 2010 to
have due regard in carrying out its functions to the elimination of
discrimination etc and the promotion of equality.
2.
Section 17 Crime and Disorder considerations
No specific implications.
David Johnson
Interim Monitoring Officer
10 December 2012