Full Council 22 February 2012 Agenda Item No_____11________ CONSTITUTION ANNUAL REVIEW Summary: Conclusions: Recommendations: The purpose of this report is to advise members of the need to nominate members to serve on the Constitution Working Party in order to undertake the annual review of the Council’s Constitution. In accordance with paragraph 14.1 in chapter 1 of the Constitution, the Council needs to undertake a review at least annually. That review is best undertaken through the Constitution Working Party. The review should consider the need to make amendments arising from: • new or amending legislation • relevant audit recommendations • operational experience of applying the Constitution since April 2011 • inconsistencies, referencing, formatting etc. identified within the document • any other relevant review or change of circumstances. Nominations have been requested and received from Group Leaders for 3 Conservative members and 2 Liberal Democrat members to serve on the Constitution Working Party, to undertake the annual review of the content and operation of the Council’s Constitution, and that recommendations arising from the review are scheduled to be reported to Full Council on 18 April 2012. It is recommended that the following members be appointed: Mrs A M Fitch-Tillett, Ms V R Gay, Mr K E Johnson, Mrs A Moore and Mrs H Thompson. Cabinet member(s): Ward(s) affected: All All Tony Ing, Strategic Director – Information 01263 516080, tony.ing@north-norfolk.gov.uk Contact Officer, telephone number, and e-mail: Full Council 22 February 2012 1. Requirement to review the Constitution 1.1 The Council’s Constitution was subject to a full review in 2010/11, with the current version being formally adopted by the Council in April 2011. In accordance with paragraph 14.1 in Chapter 1 of the Constitution: “The Council has responsibility for monitoring and reviewing the operation of the Constitution to ensure that the aims and principles of the Constitution are given full effect. Such monitoring and review shall take place at least annually and be reported to Full Council.” 1.2 The purpose of this review will be to focus on any amendments that are necessary or desirable arising from: • new or amending legislation (e.g. the Localism Act 2011) • relevant audit recommendations (e.g. the Corporate Governance audit) • operational experience of applying the Constitution since April 2011 • inconsistencies, referencing, formatting etc. identified within the document • any other relevant review or change of circumstances (e.g. agreed recommendations of the Independent Remuneration Panel). 2. Convening the Constitution Working Party 2.1 It is proposed that the Council convenes the Constitution Working Party to undertake the annual review of the Constitution. As a working party, it is subject to the rules of political balance. Leaders are, therefore, invited to nominate individuals to serve on the Constitution Working Party to fulfil the purpose set out in paragraph 1.2 above. 2.2 The current composition of the Council will mean Group Leaders have the option to nominate the following number of member representatives to serve on the working party: 3 Conservatives 2 Liberal Democrats 2.3 It is anticipated the working party will need to meet on two or three occasions, over a period of about five weeks, with a view to reporting to Full Council on 18 April 2012 with recommended amendments. 3. Financial Implications 3.1 There are no direct financial implications associated with the annual review of the Constitution. 4. Risks 4.1 In order to mitigate any potential risks associated with the Constitution, it is important that the document is updated to reflect any new or amended, relevant legislation to ensure the conduct of business and decision making processes are effective and legally sound. Full Council 22 February 2012 5. Sustainability 5.1 There are no direct sustainability implications associated with the annual review of the Constitution. 6. Equality and Diversity 6.1 There are no direct equality and diversity implications associated with the annual review of the Constitution. However, if there are any significant changes arising from the review, they will be subject to an equality impact assessment before being adopted by Council. 7. Crime & Disorder 7.1 There are no direct crime and disorder implications associated with the annual review of the Constitution.