Agenda item

Council assembly to consider several constitutional issues referred from the constitutional steering panel.

(See pages 101 – 188 of the main agenda)

This report was considered after the guillotine had fallen, therefore in accordance with council assembly procedure rule 1.12 (3) & (4), the report was afforded up to a maximum of 15 minutes.

There was one question on the report the response to which was circulated on green paper at the meeting.  A supplemental question was asked of the leader.  The questions and written responses are attached as Appendix 5 to the minutes.

In accordance with council assembly procedure rule 2.11 (2), the report was formally moved by the Mayor.

It was noted that reference made to the ‘Mayor’ in Appendix D of the report (cabinet procedure rules), would be replaced with ‘chair’

Councillor Jonathan Mitchell, seconded by Councillor Catherine Bowman, moved Amendment K.

Following debate (Councillors David Noakes, Toby Eckersley, Anood Al-Samerai and Dan Garfield), Councillor Jonathan Mitchell made a point of personal explanation and at 10.56pm the Mayor announced that the time allocated to this report had expired and the meeting would move to the vote on the amendment and substantive.

Amendment K was put to the vote and declared to be lost.

The recommendations contained within the report were put to the vote and declared to be carried.

RESOLVED:

That the following constitutional changes be adopted by council assembly, as recommended by the constitutional steering panel:

PART 2 - ARTICLES

Overview and Scrutiny function

1.  That it be noted that consequential changes are required to the constitution following the introduction of the Local Authority (Public Health, Health and Wellbeing Boards and Health Scrutiny) Regulations 2013.

2.  That the revised Articles attached at Appendix A and the revised Overview and Scrutiny procedure rules attached at Appendix B to the report, be agreed (see paragraphs 12 – 27 of the report).

PART 3H - COMMUNITY COUNCILS

Section 106 Release – Consultation with community councils

3.  That the proposal to streamline the consultation process on the release of Section 106 monies over £100,000 be agreed (see paragraphs 28 – 36 of the report).

PART 4 - RULES

Access to Information Procedures Rules and Cabinet Procedures Rules

4.  That it be noted that consequential changes are required to the constitution following the introduction of The Local Authorities (Executive Arrangements) (Meetings and Access to Information) (England) Regulations 2012.

5.  That the revised access to information procedure rules attached at Appendix C and the revised cabinet procedure rules attached at Appendix D to the report, be agreed (see paragraphs 37 – 51 of the report).

PART 6 – PROTOCOLS

Member and Officer Protocol and Communications Protocol

6.  That the revised member and officer protocol at Appendix F of the report be agreed (see paragraphs 52 - 62).

7.  That the marked up copy of the proposed communication protocol as set out in Appendix G of the report, be agreed.

CONSEQUENTIAL CHANGES

8.  That as a result of the above changes officers are authorised to undertake any necessary consequential changes in order to update the constitution.