PART 1
(OPEN TO THE PUBLIC)
ITEM NO.
REPORT OF THE STRATEGIC DIRECTOR OF CUSTOMER AND
SUPPORT SERVICES
TO THE COUNCIL
ON 15TH MARCH, 2006
TITLE:
COUNCIL CONSTITUTION - PROPOSED AMENDMENTS
RECOMMENDATIONS:
1.
THAT the proposed amendments to the Council Constitution as set out in
Appendices 1 and 2 to this report be approved.
EXECUTIVE SUMMARY:
The appendices to this report contain a number of suggested amendments to the
Council Constitution.
BACKGROUND DOCUMENTS:
(Available for public inspection)
Council Constitution.
ASSESSMENT OF RISK: N/A
SOURCE OF FUNDING: N/A
COMMENTS OF THE STRATEGIC DIRECTOR OF CUSTOMER AND SUPPORT
SERVICES (or his representative)
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1.
LEGAL IMPLICATIONS
Provided by: N/A
2.
FINANCIAL IMPLICATIONS
Provided by: N/A
PROPERTY (if applicable):
HUMAN RESOURCES (if applicable)
CONTACT OFFICER:
Graham Chinn.
TEL. NO.
793 3003
Assistant Director (Administration)
WARD(S) TO WHICH REPORT RELATE(S):
KEY COUNCIL POLICIES:
All
Council Constitution
DETAILS:
Proposed amendments to the Constitution are set out in Appendices 1 and 2.
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APPENDIX 1
Page
88
Reference
Part 3, Section 3 Scheme of Delegation
- Head of Housing
Services F.6(b)
Existing Wording
(New delegation).
141 143
Part 4, Section 2 Access to Information
Procedure Rules Paragraph 10.1(d) Meaning of Exempt
Information
(See 15 existing categories and
conditions as set out in this
paragraph of the Constitution).
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Proposed Wording
“(viii) Authority to sign forms of indemnity
relating to transfer of housing stock from
NPHL, in consultation with the Deputy
Director of Customer and Support Services
and City Solicitor.”
(See Appendix 2).
Reason
Reflects changing
circumstances in relation to
the housing stock
In accordance with The
Local Government (Access
to Information) (Variation)
Order 2006 and The
Relevant Authorities
(Standards Committee)
(Amendment) Regulations
2006
APPENDIX 2
(d)
Meaning of Exempt Information
Exempt information means information falling within the following 7 categories (subject to any notes as listed):
Number
Category
Note(s)
1.
Information relating to any individual.
(See note 1)
2.
Information which is likely to reveal the identity of any individual.
(See note 1)
3.
Information relating to the financial or business affairs of any particular
person (including the authority holding that information).
(See notes 1, 2, 3 and 4)
4.
Information relating to any consultations or negotiations, or
contemplated consultations or negotiations, in connection with any
labour relations matter arising between the authority, or a Minister of
the Crown, and employees of, or office holders under, the authority.
(See note 1)
5.
Information in respect of which a claim to legal professional privilege
could be maintained in legal proceedings.
(See note 1)
6.
Information which reveals that the authority proposes:
(See notes 1, 3 and 5)
(a)
(b)
7.
to give under any enactment a notice under or by virtue of which
requirements are imposed on a person; or
to make an order or direction under any enactment.
Information relating to any action taken or to be taken in connection
with the prevention, investigation or prosecution of crime.
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(See note 1)
The seven categories of exempt information listed above apply to all meetings of the Council, Scrutiny Committees, Area Committees, the
Standards Committee, and any sub-committees thereof, Regulatory Panels and public meetings of the Cabinet. However, in relation to meetings
of the Standards Committee, and any sub-committees thereof, WHEN IT IS CONVENED TO CONSIDER AN INVESTIGATION OR A MATTER
FOR LOCAL DETERMINATION, there are three additional categories of exempt information, as follows :
Number
7A
Category
Information which is subject to any obligation of confidentiality.
7B
Information which relates in any way to matters concerning national
security.
7C
The deliberations of a standards committee or of a sub-committee of a
standards committee established under the provisions of Part 3 of the
Local Government Act 2000 in reaching any findings on a matter referred
under the provisions of section 60(2) or (3), 64(2), 70(4) or (5) or 71(2) of
that Act.
Notes
Note 1
Any information to which categories 1 to 7 apply, which is not also covered by Note 2 below, can only remain “exempt from
publication” so long as the public interest in its exemption outweighs the public interest in disclosure (this is consistent with the
Freedom of Information Act 2000). This “public interest test” will have to be considered explicitly by the meeting and recorded in
the minutes, ideally with some explanation as to why the balance of public interest has come down in favour of confidentiality.
Note 2
The following cannot be “exempt” from publication under new category 3 (Financial or Business Affairs):
-
Note 3
Information which is required to be registered in the public domain e.g. company details registrable under the Companies
Act; or
Information about development for which the Council may grant planning permission to itself.
All Members of the Council (but not members of the public or media) are entitled to access to documents which are “exempt” under
category 3 (unless the information relates to terms proposed or to be proposed in relation to a Council contract), and to any
documents which are “exempt” under category 6, if they so request.
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Note 4
Category 3 includes information relating to the Council and “person” includes any public authority, company, or other legallyconstituted organisation and the partners in a partnership or firm.
Note 5
For definition of “person” see note 4 above.
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