This report asks Cabinet to approve the recommended changes to the Constitution for referral onto Full Council following a review undertaken by the Portfolio Holder for Corporate Finance and Governance through a Working Party constituted for this purpose.

Following the Working Party’s meeting, some additional minor amendments were required for clarity highlighted by the Section 151 and Monitoring Officers and the Leader is proposing to amend the responsibilities for Cabinet and an individual Portfolio Holder, in one area.

The main proposals cover a number of miscellaneous amendments to the Articles of the Constitution, Council Procedure Rules and the Overview and Scrutiny Procedure Rules, Scheme of Delegated Powers and the Financial Procedure Rules in order to ensure the Council’s Constitution remains effective, efficient and consistent at an operational level. 

The key changes to each of these documents are highlighted within the body of this Report.

RESOLVED that Cabinet–

1.    RECOMMENDS TO COUNCIL that:

(a)   the Council’s Constitution be amended to reflect the proposed changes as set out in Appendices A to J attached hereto this report (A.4);

(b)   the membership of the Audit Committee be increased to seven (from five) with effect from the Annual Meeting of the Council on 29 April 2025; and

(c)   it supports the intention to introduce from April 2025 a new box within the standard template for Cabinet and Committee reports and that the new box will be headed “Devolution and Local Government Reorganisation Implications”.

2.    supports the intention to introduce from April 2025 a new box within the standard template for Cabinet and Committee reports and that the new box will be headed “Devolution and Local Government Reorganisation Implications”.

3.    supports the Leader of the Council’s proposal to amend the Scheme of Delegation to Portfolio Holders, especially in relation to the process regarding Traffic Regulation Orders, as set out in Appendix K.

Cabinet considered a detailed report of the Corporate Finance and Governance Portfolio Holder (A.4) which asked Cabinet to approve the recommended changes to the Constitution for referral onto Full Council following a review undertaken by the Portfolio Holder for Corporate Finance and Governance through a Working Party constituted for that purpose.

It was reported that the Review of the Constitution Portfolio Holder Working Party (CRWP) had met on 19 February 2025 and that the meeting had been attended by its Chairman, the Corporate Finance & Governance Portfolio Holder (Councillor M E Stephenson) as well as Councillors Guglielmi, Kotz, Talbot and Wiggins.

A summary of the proposed changes compared to the existing Parts of the Constitution had been provided under each heading in the background section of this report and in each case, the content had been revised to provide greater clarity, ensure effectiveness and efficient up to date working practices for both Members and Officers and also to ensure it was in accordance with legislation, where necessary.

Cabinet was informed that additional matters which had arisen since the meeting of the CRWP, related to the following proposed amendments:-

·      Two technical financial amendments suggested to the Financial Procedure Rules by the Section 151 Officer (one for the use of an associated reserve account for Section106 monies, and a second relating to a further decision being required once an application for External Funding has been successful).

·      Consistency and clarity on when the exemption to Call-in applied to Portfolio Holder decisions and Officers making Key Decisions (to ensure the wording was correct in two places).

·      Minor clarification on Officers exercising their discretion on the Members’ Referral Scheme under the Planning Committee’s terms of reference (to make clear an Officer decision was required).

·      Consistency on the principles applying to Officers exercising delegated powers for both Executive and Non-Executive functions (ensuring the same wording was used and emphasising the discharge of those functions by Officers was subject to criteria); and

·      Proposed changes to the Executive Functions Scheme of Delegation covering the Traffic Regulation Order process.

Having considered the outcome of the annual review of the Constitution carried out by the Review of the Constitution Portfolio Holder Working Party and the Portfolio Holder’s recommendations arising therefrom, together with the additional matters set out above and to enable those recommendations to be submitted to the Full Council for approval and adoption:-

It was moved by Councillor M E Stephenson, seconded by Councillor Kotz and:-

RESOLVED that Cabinet–

1.    RECOMMENDS TO COUNCIL that:

(a)   the Council’s Constitution be amended to reflect the proposed changes as set out in Appendices A to J attached hereto this report (A.4);

(b)   the membership of the Audit Committee be increased to seven (from five) with effect from the Annual Meeting of the Council on 29 April 2025; and

(c)   it supports the intention to introduce from April 2025 a new box within the standard template for Cabinet and Committee reports and that the new box will be headed “Devolution and Local Government Reorganisation Implications”.

2.    supports the intention to introduce from April 2025 a new box within the standard template for Cabinet and Committee reports and that the new box will be headed “Devolution and Local Government Reorganisation Implications”.

3.    supports the Leader of the Council’s proposal to amend the Scheme of Delegation to Portfolio Holders, especially in relation to the process regarding Traffic Regulation Orders, as set out in Appendix K.