p a r t 2 - t h e a r t i c l e s o f t h e c o n s t i t ... · 11.02 principles of decision...

Part 2 - Articles of the Constitution

PART 2 - THE ARTICLES OF THE CONSTITUTION

Article 1 – The Constitution 3

Powers of the Council 3 The Constitution 3 Purpose of the Constitution 3 Interpretation and Review of the Constitution 4

Annex 1 to Article 1 5

Schedule for updating the Constitution 5 Composition and eligibility 7 Election and terms of office of Councillors 7 Roles and functions of all Councillors 7 Conduct 8 Allowances

Article 2 - Members of the Council 8

Article 3 – Members of the Public and the Council 8 Public rights 8 Public responsibilities 9

Article 4 – The Council Meeting 9 Meanings 9 Functions of the Full Council 10 Council meetings 12 Responsibility for functions 12

Article 5 – Chairing the Council 12 Role and function of the Mayor 12

Article 6 – Standing Committees 13 6.01 Regulatory and Strategic Committees 13

Article 7 –Standards 13 7.01 Audit, Governance and Standards Committee 13

Article 8 - Neighbourhood Committees 14 8.01 Neighbourhood Committees 14

Last Updated by: Council 15 October 2019 1


8.02 Form, composition and function 14 8.03 Neighbourhood Committees – Access to Information 15

Article 9 – Joint Arrangements 15 9.01 Arrangements to promote well being 15 9.02 Joint arrangements 15 9.03 Access to Information 16 9.04 Delegation to and from other local authorities 16 9.05 Contracting out 16

Article 10 - Officers 16 10.01 Management structure 16 10.02 Functions of the Head of Paid Service 18 10.03 Functions of the Monitoring Officer 18 10.04 Functions of the Chief Finance Officer 19 10.05 Duty to provide resources to Monitoring Officer & Chief Finance Officer 20 10.06 Conduct 20 10.07 Employment 20

Article 11 – Decision Making 20 11.01 Responsibility for decision making 20 11.02 Principles of decision making 20 11.03 Types of decision 21 11.04 Decision making by the Full Council 21 11.05 Decision making by other Committees, Sub-Committees and Panels 21 11.06 Decision making by other Joint Committees 21 11.07 Decision making by Council bodies acting as tribunals 21 11.08 Decision making by the Scrutiny Panel 21

Article 12 - Finance, Contracts and Legal Matters 21 12.01 Financial management 21 12.02 Contracts 22 12.03 Legal proceedings 22 12.04 Authentication of documents 22 12.05 Common Seal of the Council 22

Article 13 - Review and Revision of the Constitution 22 13.01 Duty to monitor and review the constitution 22 13.02 Changes to the Constitution 23



Article 14 - Interpretation and Publication of the Constitution 23 14.01 Suspension of the Constitution 23 14.02 Interpretation 23 14.03 Publication 24



Article 1 – The Constitution 1.01 Powers of the Council

The Council will exercise all its powers and duties in accordance with the law and this Constitution.

1.02 The Constitution

This Constitution is the Constitution of the Council of the Royal Borough of Kingston upon Thames.

1.03 Purpose of the Constitution

The purpose of the Constitution is to:

1. enable the Council to provide clear leadership to the community in partnership with citizens, businesses and other organisations;

2. support the active involvement of members of the public in the process of

local authority decision-making; 3. help Councillors represent their constituents more effectively; 4. enable decisions to be taken efficiently and effectively; 5. create a powerful and effective means of holding decision-makers to public

account; 6. ensure that no one will review or scrutinise a decision in which they were

directly involved; 7. ensure that those responsible for decision making are clearly identifiable to

members of the public and that they explain the reasons for decisions; and 8. provide a means of improving the delivery of services to the community.

1.04 Interpretation and Review of the Constitution

Where the Constitution permits the Council to choose between different courses of action, the Council will always choose that option which it thinks is closest to the purposes stated above.



The Council will monitor and evaluate the operation of the Constitution as set out in Article 1



Annex 1 to Article 1 Schedule for updating the Constitution

Part

Title

Changes by

1

Summary and Explanation

Full Council following recommendation by the Community and Engagement Committee.

2

Articles of the Constitution

Full Council following recommendation by the Community and Engagement Committee other than minor consequential amendments to be made by the Monitoring Officer, for example to job descriptions, outside bodies and any changes following decisions by Full Council.

3

Responsibility for Functions

Full Council following recommendation by the Community and Engagement Committee other than minor amendments to be made by the Monitoring Officer, (e.g changes to officer delegations following organisational change).

4

Procedural Rules

4A

Procedural Standing Order


4B

Access to Information Procedure Rules

Full Council following recommendation by the Community and Engagement Committee other than minor amendments to be made by the Monitoring Officer, for example typographical changes, changes to statutory framework, changes to job titles and consequential changes following other changes to the constitution.

4C

Community Call -in Procedure Rules


Last Updated by: Council 15 October 2019

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4D

Contract Standing Orders

Full Council following recommendation by the Community and Engagement Committee other than minor amendments to be made by the Monitoring Officer, for example typographical changes, changes to the statutory framework, changes to job titles and consequential changes following other changes to the constitution.

4E

Financial Regulations


4F

Officer Employment Procedure Rules


4G

The Petition Scheme


5

Codes and Protocols

5A

Member Code of Conduct

Full Council following recommendation by the Audit, Governance & Standards Committee other than minor amendments to be made by the Monitoring Officer, for example typographical changes, changes to the statutory framework, changes to job titles and consequential changes following other changes to the constitution.



5B

Employee Code of Conduct


5C

Member - Officer Protocol


5D

Members Planning Protocol

Full Council following recommendation by the Development Control Committee and consultation with the respective Neighbourhood Committees, other than minor amendments to be made by the Monitoring Officer, for example typographical changes, changes to the statutory framework, changes to job titles and consequential changes following other changes to the constitution.

5E

Leader and Chief Executive Protocol


Last Updated by: Council 15 October 2019

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Article 2 – Members of the Council 2.01 Composition and eligibility

Composition: The Council comprises 48 members, otherwise called Councillors, with three being elected by the voters of each of the 16 wards. Eligibility: Only registered voters of the Royal Borough or those living or working there will be eligible to hold the office of Councillor.

2.02 Election and terms of office of Councillors

The regular election of Councillors will be held on the first Thursday in May every four years beginning in 2002. The terms of office of Councillors will start on the fourth day after being elected (subject to their having made the statutory Declaration of Acceptance of Office) and will finish on the fourth day after the date of the next regular election.

2.03 Roles and functions of all Councillors

(a) Key roles: All Councillors will:

(i) collectively be the ultimate policy-makers and carry out a number of strategic and corporate management functions;

(ii) contribute to the good governance of the area and actively encourage

community participation and public involvement in decision making;

(iii) effectively represent the interests of their ward and of individual constituents;

(iv) respond to constituents’ enquiries and representations, fairly and

impartially;

(v) participate in the governance and management of the Council; and

(vi) maintain the highest standards of conduct and ethics.

(b) Rights and duties

(i) Councillors will have such rights of access to such documents, information, land and buildings of the Council as are necessary for the proper discharge of their functions and in accordance with the law.



(ii) Councillors will not make public information which is confidential or exempt without the consent of the Council or divulge information given in confidence to anyone other than a Councillor or officer entitled to know it.

(iii) For these purposes, “confidential” and “exempt” information are

defined in the Access to Information Rules in Part 4 of this Constitution.

2.04 Conduct

Councillors will at all times observe the Members’ Code of Conduct and any Protocol on Member / Officer Relations set out in Part 5 of this Constitution.

2.05 Allowances

Councillors will be entitled to receive allowances in accordance with the Members’ Allowances Scheme set out in Part 6 of this Constitution.

Article 3 – Members of the Public and the Council 3.01 Public

Members of the public have the following rights. Their rights to information and to participate are explained in more detail in the Access to Information Rules in Part 4 of this Constitution: (a) Voting and petitions: Members of the public on the electoral roll for the area

have the right to vote and sign a petition to request a referendum for an elected mayor form of Constitution.

(b) Information: Members of the public have the right to:

(i) attend meetings of the Council, Committees and Panels except where

confidential or exempt information is likely to be disclosed, and the meeting, or part of the meeting, is therefore held in private;

(ii) find out from the forward plan what decisions will be taken and when; (iii) see reports and background papers, and any records of decisions

made by the Council and its Committees; and



(iv) inspect the Council’s accounts and make their views known to the external auditor.

(c) Participation: Members of the public have the right to participate at various

meetings as set out in the Council’s Procedural Rules.

(d) Complaints: Members of the public have the right to complain to:

(i) the Council itself under its complaints scheme; (ii) the Ombudsman after using the Council’s own complaints scheme;

3.02 Resident and Service User responsibilities

Members of the public must not be violent, use abusive or threatening language or behaviour to Councillors or officers and must not wilfully harm assets or property owned by the Council, Councillors or officers.

Article 4 – The Council Meeting 4.01 Meanings (a) Policy Framework: The policy framework means the following plans and strategies:

● Annual Library Plan

● Crime and Disorder Reduction Strategy

● Licensing Policy Statement

● Local Transport Plan

● Plans and alterations which together comprise the Development Plan

● Sustainable Community Strategy (i.e. the Kingston Plan)

● Youth Justice Plan

● A plan or strategy for the control of the local authority’s borrowing, investments or capital expenditure, or for determining the authority’s minimum revenue provision.

Together with such other plans or strategies that the Council may decide should be added to the policy framework.



(b) Budget: The budget includes the allocation of financial resources to

different services and projects, proposed contingency funds, the council tax base, setting the council tax and decisions relating to the control of the Council’s borrowing requirement, the control of its capital expenditure and the setting of virement limits.

(c) Housing Land Transfer: Housing Land Transfer means the approval or

adoption of applications (whether in draft form or not) to the Secretary of State for approval of a programme of disposal of 500 or more properties to a person under the Leasehold Reform, Housing and Urban Development Act 1993 or to dispose of land used for residential purposes where approval is required under sections 32 or 43 of the Housing Act 1985.

4.02 Functions of the Full Council

Only the Council will exercise the following functions:

(a) approval of the Constitution and any changes to it.

(b) approval of the annual Budget and setting the Council Tax; (c) approving or adopting the policy framework, and making any applications to

the appropriate Secretary of State in respect of any Housing Land Transfer;

(d) agreeing and/or amending the terms of reference for Panels, Committees, etc, deciding on their composition and making appointments to them; including the Chairs, Co-Chairs and Vice-Chairs where appropriate;

(e) appointing the Mayor; (f) appointing elected (and other) Members to such other Council bodies as

appropriate; (g) adopting the authority’s Code of Conduct for Members and the Councillor

Recall Scheme;

(h) making or confirming the appointment of the Chief Executive; (i) dismissal of the Chief Executive, Chief Finance Officer and Monitoring

Officer following consideration of the advice, views and recommendations of the Senior Staff Panel, the conclusion of any investigations into the proposed dismissal and any representations from the relevant Officer



(j) determining the Scheme and amounts of Members’ Allowances (including

the Mayor’s Allowance);

(k) being the final arbiter on controversial issues referred to Council through the requisitioning process (see Article 4.05);

(l) being a forum for debate on policy issues, including matters referred to the

Council by Committees or Panels, motions submitted by Members in accordance with Meeting Procedure Rule No 8, and an annual State of the Borough debate on a matter of local concern;

(m) providing opportunities for public participation through the presentation of

petitions and the identification by the community of topics for the State of the Borough debate;

(n) providing opportunities for debate on matters that are not necessarily within

the Council’s responsibilities but impact on the Borough or a significant number of residents of the Borough and where, at the Council’s discretion, representatives of other agencies (e.g. the Police, the Health Authority, the GLA) may also be asked to address the Council, present proposals and/or answer questions;

(o) appointing representatives to serve on national and London-wide outside

bodies (e.g. LGA, London Councils) and to other outside bodies unless the appointment has been delegated by the Council;

(p) taking any other decisions which have not been delegated by the Council to

another Committee or body, or to officers. These currently include the following:

● conferring the Freedom of the Borough and the status of Honorary

Alderman;

● to make, amend, revoke or enact any bylaws and to promote or oppose any Local Bills in Parliament;

● to change the name of the Borough;

● to authorise the making of compulsory purchase orders (upon a recommendation from the Finance and Contracts Committee);

● to appoint the Council’s Returning Officer for elections and the Electoral Registration Officer; to authorise the creation of polling districts or revisions to polling district boundaries; the Council’s powers in relation to



the filling of vacancies in the office of Councillor; the submission of proposals for pilot electoral schemes;

● appointment of `Proper Officers’ and designation of Head of Paid Service and Monitoring Officer;

● duty to make arrangements for the proper administration of the Council’s affairs; and

● the power to make payments in cases of maladministration;

(q) all other matters which, by law, must be reserved to Council. (r) to receive the recommendations of the Scrutiny Panel in respect of call ins

which have, exceptionally, been reported to Council instead of the decision making Committee, and determine a response.

4.03 Council meetings

There are five types of Council meeting:

(a) the annual meeting;

(b) ordinary meetings;

(c) extraordinary meetings;

(d) the annual State of the Borough debate;

(e) the meeting for the approval of the Council’s annual budget

and they will be conducted in accordance with the Council’s Procedural Standing Orders set out in Part 4 of this Constitution.

4.04 Responsibility for functions

Part 3 of this Constitution sets out which part of the Council is responsible for which of its functions.



Article 5 – Chairing the Council 5.01 Role and function of the Mayor

The Mayor will be elected by the Council annually. The Mayor will have the following responsibilities:

1. to appoint a Deputy Mayor; 2. to uphold and promote the purposes of the Constitution, and to interpret the

Constitution when necessary; 3. to preside over meetings of the Council so that its business can be carried

out efficiently and with regard to the rights of Councillors and the interests of the community;

4. to ensure that the Council meeting is a forum for the debate of matters of

concern to the local community; 5. at the Mayor’s discretion to exercise a second or casting vote where there is

an equality of votes on any matter under consideration by the Council; 6. to promote public involvement in the Council’s activities; 7. to be the conscience of the Council; and 8. to attend such civic and ceremonial functions as the Council and they

determines appropriate.

In the year in which the Council elections are held the Mayor shall remain in office until a successor is appointed, whether or not they have been re-elected as a Councillor (Local Government Act 1972, Schedule 2). In the event of there being an equality of votes on the election of a successor, the retiring Mayor may use a casting vote to break the deadlock, even if no longer a Councillor.



Article 6 – Standing Committees 6.01 Regulatory and Strategic Committees

The Council will appoint the Committees, Panels and other bodies set out in Part 3 of this Constitution to discharge the functions indicated. The Regulatory Committees are currently the Development Control Committee, the Licensing Committee and the Audit, Governance and Standards Committee. The Strategic Committees are currently the Finance and Partnerships Committee, the Strategic Housing and Planning Committee, the Children’s and Adults’ Care and Education Committee, the Environment and Sustainable Transport Committee and the Community and Engagement Committee. The foregoing, together with the Neighbourhood Committees set out in Article 9 below, the Health and Wellbeing Board, the Scrutiny Panel and the Health Overview Panel comprise the standing Committees of the Council

Article 7 – Standards 7.01 Audit, Governance and Standards Committee

The Council will establish a Committee which includes within its remit responsibility for the promotion and maintenance of high standards of conduct amongst elected, co-opted and advisory members and employees of the Authority. These functions will be performed by the Audit, Governance and Standards Committee. Its detailed Terms of Reference are set out in Part 3 of this Constitution.

Article 8 - Neighbourhood Committees 8.01 Neighbourhood Committees

The Council may appoint such Neighbourhood Committees as it sees fit, if it is satisfied that to do so will ensure improved service delivery in the context of best value and more efficient, transparent and accountable decision making.



8.02 Form, composition and function

(a) Membership: There are four Neighbourhood Committees as follows:

Name of Committee

Composition: Councillors representing the following Wards:

South of the Borough

Chessington South, Chessington North and Hook, and Tolworth & Hook Rise Wards.

Kingston Town

Canbury, Grove, Norbiton and Tudor Wards

Maldens and Coombe

Coombe Hill, Coombe Vale, Beverley, St James and Old Malden Wards

Surbiton

Berrylands, St Marks, Surbiton Hill and Alexandra Wards

Neighbourhood Committees may also appoint Advisory Members (without voting rights) from whichever area of expertise or background they think appropriate, so long as the total number of Advisory Members on a Committee does not exceed two or a third of the membership of the Committee, whichever is the greater.

(b) Delegations: Details of the delegations to Neighbourhood Committees are set out in Part 3 of this Constitution, including the functions delegated– and any limitations on delegation.

(c) Budgets: The budgets allocated to individual Neighbourhood Committees

are as set out in the Policy Budget. In operating their Budgets, Neighbourhood Committees will be bound by the requirements of the Budgeting Code of Practice for Neighbourhood Committees and the Council’s Contract Standing Orders and Financial Regulations, all of which are set out in Part 4 of the Constitution.

8.03 Neighbourhood Committees – Access to Information

Neighbourhood Committees will comply with the Access to Information Rules in Part 4 of this Constitution.



Article 9 – Joint Arrangements 9.01 Arrangements to promote well being

The Council in order to promote the economic, social or environmental well-being of its area, may:

a) enter into arrangements or agreement with any person or body; b) cooperate with, or facilitate or co-ordinate the activities of, any person or

body; and c) exercise on behalf of that person or body any functions of that person or

body. 9.02 Joint arrangements

(a) The Council may establish joint arrangements with one or more local authorities and/or their executives in any of the participating authorities, or advise the Council. Such arrangements may involve the appointment of a joint committee with these other local authorities.

(b) Details of any joint arrangements including any delegations to Joint Committees will be found in the Council’s Scheme of Delegation in Part 3 of this Constitution.

9.03 Access to Information

(a) The Access to Information Rules in Part 4 of this Constitution apply. (b) If the Joint Committee contains members who are not on the executive of

any participating authority then the Access to Information Rules in Part VA of the Local Government Act 1972 will apply.

9.04 Delegation to and from other local authorities

(a) The Council may delegate functions to another local authority or, in certain circumstances, the executive of another local authority.

(b) The decision whether or not to accept such a delegation from another local authority shall be reserved to the Council meeting.



9.05 Contracting out

The Finance and Partnerships Committee may contract out to another body or organisation functions which may be exercised by an officer and which are subject to an order under section 70 of the Deregulation and Contracting Out Act 1994, or under contracting arrangements where the contractor acts as the Council’s agent under usual contacting principles, provided there is no delegation of the Council’s discretionary decision making.

Article 10 - Officers 10.01 Management structure (a) General: The Council may engage such staff (referred to as officers) as it

considers necessary to carry out its functions. (b) Statutory Officers: The Council is required by law to appoint certain officers as

follows:

Designation

Post

Head of Paid Service

Chief Executive

Monitoring Officer

Assistant Director, Governance & Law

Chief Finance Officer

Director - Corporate and Commercial

Chief Education Officer

Director of Children’s Services

Director of Adult Social Services

Director - Adults

Director of Public Health

Director of Public Health



Scrutiny Officer

Corporate Head of Democratic & Electoral Services

Data Protection Officer

Assistant Director, Digital and ICT

(c) Proper Officers: In addition to the Statutory officer appointments referred to in (b)

above the Council is required to designate certain of its officers as ‘Proper Officers’ for the exercise of certain functions. These are as follows:

Function Proper Officer Borough Librarian Head of Library Service Proper arrangements for the administration of the Council's financial affairs

Head of Finance – Strategy and Accounting

Provision of an Internal Audit Service

Assistant Director of Governance and Law

Ensuring that the planned revenues of the Authority are sufficient to meet expenditure

Head of Finance – Strategy and Accounting

Disposals/occupations of Council owned property and general estate management functions

Head of Property

Registration of Births, Deaths and Marriages

Service Manager, Trading Standards and Registration

Chief Inspector of Weights and Measures as required by section 72 of the Weights & Measures Act 1985

Service Manager, Trading Standards and Registration

Control of disease and Notification of Disease functions

Consultant in Communicable Disease Control – Health Protection Agency – SW London



Corporate Property Officer (CPO) function with regard to the development and improvement of the Council's Corporate Asset Management Plan (AMP)

Head of Property

Electoral registration

Chief Executive

Returning Officer for Elections and Referenda

Chief Executive

Witnessing Declarations of Acceptance of Office by Councillors and the Mayor

Assistant Director of Governance and Law and Chief Executive

Maintenance of the Register of Members’ Financial and other interests under Section 81 (1) of the Local Government Act, 2000

Monitoring Officer

Maintenance of the Register of Gifts and Hospitality received by Members

Monitoring Officer

Receiving notice of resignation from the Council


Notice of political groups


Certification of copies of minutes, byelaws or other documents


Determination of exempt items under the Access to Information legislation


Compilation of background paper lists under the Access to Information legislation

Appropriate Director / Head of Service



Preparing and publishing the Authority's Forward Plan and other matters related to the Forward Plan


Recording decisions


Placing an item on a Committee agenda at the request of any Member


Calling additional meetings of Committees


(d) Structure: The Head of Paid Service will determine and publicise a description of

the overall departmental structure of the Council showing the management structure and deployment of officers.

10.02 Functions of the Head of Paid Service

a) Discharge of functions by the Council: The Head of Paid Service will report to full Council on the manner in which the discharge of the Council’s functions is co-ordinated, the number and grade of officers required for the discharge of functions and the organisation of officers.

b) Restrictions on functions: The Head of Paid Service may not be the Monitoring Officer but may hold the post of Chief Finance Officer if a qualified accountant.

10.03 Functions of the Monitoring Officer

(a) Ensuring lawfulness and fairness of decision making: After consulting with the Head of Paid Service and Chief Finance Officer, the Monitoring Officer will report to the Full Council – if they consider that any proposal, decision or omission would give rise to unlawfulness or if any decision or omission has given rise to maladministration. Such a report will have the effect of stopping the proposal or decision being implemented until the report has been considered.

(b) Supporting the Audit, Governance and Standards Committee: The

Monitoring Officer will contribute to the promotion and maintenance of high



standards of conduct through provision of support to the Audit, Governance and Standards Committee.

(c) Providing advice: The Monitoring Officer will provide advice on the scope

of powers and authority to take decisions and issues relating to maladministration, financial impropriety, and budget and policy framework issues to all Councillors.

(d) Restrictions on posts: The Monitoring Officer cannot be the Chief Finance

Officer or the Head of Paid Service.

10.04 Functions of the Chief Finance Officer

(a) Ensuring lawfulness and financial prudence of decision making: After consulting with the Head of Paid Service and the Monitoring Officer, the Chief Finance Officer will report to the Full Council and the Council’s external auditor if they consider that any proposal, decision or course of action will involve incurring unlawful expenditure, or is unlawful and is likely to cause a loss or deficiency or if the Council is about to enter an item of account unlawfully.

(b) Administration of financial affairs: The Chief Finance Officer will have

responsibility for the administration of the financial affairs of the Council.

(c) Contributing to corporate management: The Chief Finance Officer will contribute to the corporate management of the Council, in particular through the provision of professional financial advice.

(d) Providing advice: The Chief Finance Officer will provide advice on the

scope of powers and authority to take decisions, maladministration, financial impropriety, probity and budget and policy framework issues to all councillors and will support and advise councillors and officers in their respective roles.

(e) Give financial information: The Chief Finance Officer will provide financial

information to the media, members of the public and the community. 10.05 Duty to provide resources to Monitoring Officer & Chief Finance Officer

The Council will provide the Monitoring Officer and Chief Finance Officer with such officers, accommodation and other resources as are in their opinion sufficient to allow their duties to be performed.



10.06 Conduct

Officers will comply with the Officers’ Code of Conduct and the Protocol on Officer/Member Relations set out in Part 5 of this Constitution.

10.07 Employment

The recruitment, selection and dismissal of officers will comply with the Officer Employment Procedure Rules set out in Part 4 of this Constitution.

Article 11 – Decision Making 11.01 Responsibility for decision making

The Council will issue and keep up to date a record of what part of the Council or individual has responsibility for particular types of decisions or decisions relating to particular areas or functions. This record is set out in Part 3 of this Constitution.

11.02 Principles of decision making

All decisions of the Council will be made in accordance with the following principles: (a) proportionality (i.e. the action must be proportionate to the desired outcome); (b) due consultation and the taking of professional advice from officers; (c) respect for human rights; (d) a presumption in favour of openness; and (e) clarity of aims and desired outcomes.

11.03 Types of decision .

Decisions reserved to Full Council: Decisions relating to the functions listed in Article 4.02 will be made by the full Council and not delegated.



11.04 Decision making by the Full Council

Subject to Article 12.07, the Council meeting will follow the Council Procedural Standing Orders set out in Part 4 of this Constitution when considering any matter.

11.05 Decision making by other Committees, Sub-Committees and Panels

Subject to Article 12.07, other Council Committees and Subcommittees and Panels will follow those parts of the Council Procedural Rules set out in Part 4 of this Constitution as apply to them.

11.06 Decision making by Joint Committees

Joint Committees of the Council will follow any such operational and procedural rules as may have been jointly agreed by the participating authorities and those parts of the Council Procedural Rules set out in Part 4 of the Constitution as apply to them.

11.07 Decision making by Council bodies acting as tribunals

The Council, a Councillor or an officer acting as a tribunal or in a quasi judicial manner or determining/considering (other than for the purposes of giving advice) the civil rights and obligations of any person will follow a proper procedure which accords with the requirements of natural justice and the right to a fair hearing contained in Article 6 of the European Convention on Human Rights.

11.08 Decision making by the Scrutiny Panel

The Scrutiny Panel will follow the Call-In Procedure Rules set out in Part 4C of this Constitution when considering any matter.

Article 12 - Finance, Contracts and Legal Matters 12.01 Financial management

The management of the Council’s financial affairs will be conducted in accordance with the Financial Regulations set out in Part 4 of this Constitution.

12.02 Contracts



Every contract made by the Council will comply with the Contract Regulations set out in Part 4 of this Constitution.

12.03 Legal proceedings

The Monitoring Officer responsible for Legal Services is authorised to institute, defend or settle any legal proceedings as appropriate or authorise others to do so in any case where such action is necessary to give effect to decisions of the Council or in any case where the Monitoring Officer considers that such action would be in the interests of the Council to protect or pursue the Council’s interests or where they consider it expedient for the preservation or protection of the inhabitants of the Borough.

12.04 Authentication of documents

Where any document is necessary to any legal procedure or proceedings on behalf of the Council, it will be signed by the officer responsible for Legal Services or other person authorised by him / her, unless any enactment otherwise authorises or requires, or the Council has given requisite authority to some other person. Any contract with a value exceeding £100,000 entered into on behalf of the local authority in the course of the discharge of a function shall be made in writing. Such contracts must either be signed by a designated officer or made under the common seal of the council attested by at least one officer.

12.05 Common Seal of the Council

A decision of the Council, or of any part of it, will be sufficient authority for sealing any document necessary to give effect to the decision. The attachment of the Common Seal will be carried out in the circumstances and manner set out in Procedure Rule No. 34.

Article 13 - Review and Revision of the Constitution 13.01 Duty to monitor and review the constitution

The Monitoring Officer will monitor and review the operation of the Constitution to ensure that the aims and principles of the Constitution are given full effect.

13.02 Protocol for monitoring and review of constitution by the Monitoring Officer Last Updated by: Council 15 October 2019

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A key role for the Monitoring Officer is to be aware of the strengths and weaknesses of the Constitution adopted by the Council, and to make recommendations for ways in which it could be amended in order better to achieve the purposes set out in Article 1. In undertaking this task the Monitoring Officer may: 1. observe meetings of different parts of the member and officer structure; 2. undertake an audit trail of a sample of decisions; 3. record and analyse issues raised with them by members, officers, the public

and other relevant stakeholders; and 4. compare practices in this authority with those in other comparable

authorities, or national examples of best practice. 13.03 Changes to the Constitution

Approval: Changes to the constitution will only be approved by the Full Council after consideration of the proposal by the Monitoring Officer or otherwise as set out in Annex 1 to Article 1.

Article 14 - Interpretation and Publication of the Constitution 14.01 Suspension of the Constitution

(a) Limit to suspension: The Articles of this Constitution may not be suspended.

(b) Procedure to suspend: A motion to suspend any Rules may not be moved without notice unless at least one half of the total number of councillors are present. The extent and duration of suspension will be proportionate to the result to be achieved, taking account of the purposes of the Constitution set out in Article 1.

(c) Rules capable of suspension: The Rules and Protocols that form part of the Constitution may be suspended by the body to which they apply (or, if no such body, by the Council) to the extent permitted within those Rules or Protocols and the law

14.02 Interpretation



The ruling of the Mayor as to the construction or application of this Constitution or as to any proceedings of the Council shall not be challenged at any meeting of the Council. Such interpretation will have regard to the purposes of this Constitution contained in Article 1.

14.03 Publication

(a) Each Member of the Authority will be given a copy of this Constitution upon

having made their declaration of acceptance of office after first being elected to the Council.

(b) The Constitution will be kept up to date and will be available for inspection at council offices, libraries and other appropriate locations, and can be purchased by members of the local press and the public on payment of a reasonable fee.

(c) An up to date summary of the Constitution will be made widely available within the area and published on the Council’s website’


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