Constitution Working Party
Please Contact: Mary Howard
Please email: mary.howard@north-norfolk.gov.uk
Please Direct Dial on: 01263 516047
August 15 2012
A meeting of the Constitution Working Party will be held in the Cabinet Office at the
Council Offices, Holt Road, Cromer on Wednesday 22 August 2012 at 2.00 pm
Sheila Oxtoby
Chief Executive
To: Mrs A M Fitch-Tillett, Ms V R Gay, Mr K E Johnson, Mrs A M Moore and Mrs H
Thompson.
If you have any special requirements in order to attend this meeting, please let us
know in advance
If you would like any document in large print, audio, Braille, alternative format or in a
different language please contact us
Chief Executive: Sheila Oxtoby
Strategic Directors: Nick Baker and Steve Blatch
Tel 01263 513811 Fax 01263 515042 Minicom 01263 516005
Email districtcouncil@north-norfolk.gov.uk Web site northnorfolk.org
AGENDA
1.
TO RECEIVE APOLOGIES FOR ABSENCE
2.
ITEMS OF URGENT BUSINESS
To determine any items of business which the Chairman decides should be
considered as a matter of urgency pursuant to Section 100B(4)(b) of the Local
Government Act 1972.
3.
DECLARATIONS OF INTEREST
Members are asked at this stage to declare any interests that they may have in any
of the following items on the agenda. The Code of Conduct for Members requires
that declarations include the nature of the interest and whether it is a personal or
prejudicial interest.
4.
THE CONSTITUTION
A report from the Interim Monitoring Officer went to Full Council on 25 July. It is
attached at page 1.
The report identified that North Norfolk District Council's current constitution required
some revision and updating to take account of changes made by the Localism Act
2011 (in particular to the Standards and Conduct regime), the management
restructuring at the Council and consequential amending and tidying of the wording.
Members resolved to instruct the Monitoring Officer in consultation with the Chief
Executive Officer and the Constitution Working Party to make the required changes
as described in this report to the Council’s Constitution.
Members are asked to identify and discuss those aspects of the Constitution that
need to be updated or amended and to agree the process for completing the review
and reporting back to Full Council. The Working Party’s Terms of Reference are
attached at page 4.
The latest version of the Constitution, amended to incorporate changes adopted by
Full Council on 18 April 2012, has been provided to Members of the Working Party.
5.
DATE OF NEXT MEETING
Members are asked to bring their diaries for this item.
Agenda Item No______4______
NORTH NORFOLK DISTRICT COUNCIL CONSTITUTION
Summary:
Section 9P of the Local Government Act 2000 requires
every Local Authority to prepare and keep up to date a
document referred to as its constitution.
Conclusions:
The North Norfolk District Council's current constitution
requires some revision and updating to take account of
changes made by the Localism Act 2011 (in particular to
the Standards and Conduct regime), the management
restructuring at the Council and consequential
amending and tidying of the wording.
Recommendations:
1. To instruct the Monitoring Officer in consultation with
the Chief Executive Officer and the Constitution
Working Party to make the required changes as
described in this report to the Council’s Constitution
2. To confirm the appointment of the Head of Financial
Services as the Council’s designated officer for the
purposes of section 151 of the Local Government
Act 1972.
Cabinet Member(s)
Ward(s) affected
All
All
Contact Officer, telephone number and email: Contact Officer, telephone number and
email: David Johnson, david.johnson@norfolk.gov.uk
1.
Introduction
Section 9P of the Local Government Act 2000 requires every Local Authority
to prepare and keep up to date a document referred to as its constitution
which must contain:•
a copy of the Authority's standing orders for the time being;
•
a copy of the Authority's Code of Conduct (if any) for the time being;
1
•
such information as the Secretary of State may direct;
•
such other information (if any) as the Authority considers appropriate.
Copies of the constitution must be available at the Council offices and
available on demand to any person requesting a copy.
3. Changes
The North Norfolk District Council's current constitution requires some revision
and updating to take account of changes made by the Localism Act 2011 (in
particular to the Standards and Conduct regime), the management restructuring
at the Council and consequential amending and tidying of the wording.
4.
Governance
The first area which requires some amending is to the provisions concerning
the election and dismissal of the Leader of the Council. The provisions of the
Local Government Act 2000 amended by the Localism Act 2011 impose
requirements upon an authority operating executive arrangements.
The Council has a Leader and Executive form of governance arrangements
which means that its constitution must now include provision with respect to
the election of the executive leader, including provision for an election where
there is a vacancy in the office of executive leader, and provision for the
council to remove the executive leader by resolution.
If a council passes a resolution to remove the executive leader, a new
executive leader is to be elected at the meeting at which the leader is
removed from office, or at a subsequent meeting.
5.
Standards and Conduct
The replacement of the Local Government Act 2000 Standards and Conduct
regime by that contained in the Localism Act 2011 also needs to be reflected
in the constitution. Members have already approved a Code of Conduct and
arrangements for investigating breaches of the Code. These newly adopted
provisions will go into the constitution in place of the superseded ones.
6.
Management Restructure
Following a restructure of the senior management of the authority references
to officer posts and titles will need to be revised to reflect the new structure.
The Chief Executive Officer is currently also the Council’s designated officer
for the purposes of section 151 of the Local Government Act 1972 (financial
propriety role). It is inappropriate that these two roles be held by one officer
so under the restructure the Chief Executive officer has designated Karen Sly
to be the Council’s Section 151 Officer and Council’s endorsement to this
appointment is sought.
2
7.
Recommendations
1. To instruct the Monitoring Officer in consultation with the Chief Executive
Officer and the Constitution Working Party to make the required changes
as described in this report to the Council’s Constitution
2. To confirm the appointment of the Head of Financial Services as the
Council’s designated officer for the purposes of section 151 of the Local
Government Act 1972.
3
Constitution Working Party
TOR 09 March 2012
Constitution Working Party
Members
The Constitution Working Party (CWP) will comprise of members nominated by Full
Council to reflect the prevailing political balance of the Council. The CWP will be
supported by the Monitoring Officer, a Democratic Services Officer and any other
officer required from time to time to provide advice or information to the Members in
fulfilling their role. The membership may be reviewed periodically.
The CWP will meet at least annually. However, the need for periodic Constitutional
amendments will require a flexible approach so that additional meetings may be
called to accommodate matters that need to be addressed between each annual
review.
The CWP will report to Full Council with any recommended Constitutional
amendments.
Constitution Working party
TERMS OF REFERENCE - 9 March 2012
Aim
The aim of the CWP is to ensure that the Constitution is fit for purpose, up to date
and enables the Council to properly discharge its obligations and manage its
business efficiently, effectively and legally.
Objective
Under Paragraph 14.1 of 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.”
Activities
In order to fulfil this objective, the CWP will at least annually:
1. Consider the impact on the provisions within the Constitution arising from:
• new or amending legislation
• relevant audit recommendations
• operational experience of applying the Constitution since April 2011
• inconsistencies, referencing, formatting or typographical errors
• other relevant reviews or change of circumstances;
2. Prepare a schedule of changes, amendments or corrections as a result of the
impacts identified at (1) above;
3. Report the results of the review to Full Council with appropriate recommendations
for updating the Council’s Constitution.
4