Agenda item

Report of the Leader of the Council (Cllr Henderson) and the Chief Executive.

The Leader of the Council (Cllr Henderson) and the Chief Executive submitted a report on proposed amendments to Wyre’s Constitution following an external review carried out by external consultants.

Cllr Henderson, when introducing the report pointed out two corrections required to the paragraph numbers referred to in the recommendations in the report, as follows:

-       In recommendation 3.3, the references should be to paragraphs 5.12 and 5.13 of the report (not paragraphs 5.10 and 5.11);

-       In recommendation 3.4 the references should be to paragraphs 5.14 and 5.15 of the report (not paragraphs 5.12 and 5.13)

An amendment, proposed by Cllr Fail and seconded by Cllr Beavers, that “the report be withdrawn to enable the proposals in the report to be considered by a cross-party group of Councillors, before being resubmitted to the Council for approval” was LOST (by 8 votes to 33, with 5 abstentions).

An amendment, proposed by Cllr Michael Vincent and seconded by Cllr A Vincent, to insert the words “the day of agenda dispatch will be 5 working days (usually 7 calendar days) prior to the date of the meeting” in paragraphs 9.3, 12.2 and 14.1 of the revised Council Procedure Rules, was CARRIED (by 38 votes to 8).

Agreed (by 38 votes to 8) that the recommendations in the report, subject to the inclusion of the agreed amendment, be approved, as follows:

1.     That the amendments to the Constitution set out as track-changes in Appendix 1 be approved and adopted with immediate, as follows:

- Responsibilities for Council Functions (Part 3.02);

- Responsibilities for Executive Functions (Part 3.03);

- Access to Information Procedure Rules (Part 4.02);

- Budget and Policy Framework Procedure Rules (Part 4.03);

- Cabinet Procedure Rules (Part 4.04);

- Overview and Scrutiny procedure Rules (Part 4.05)

- Scheme of Delegation to Officers (Part 7.02).

2.    That the changes to the Council Procedure Rules (Part 4.01) set out as track changes in Appendix 1 also be approved, subject to the words “the day of agenda dispatch will be 5 working days (usually 7 calendar days) prior to the date of the meeting” in paragraphs 9.3, 12.2 and 14.1.

3.    That no change be made to the current delegation of authority to the Audit Committee to review and approve changes to the Council’s Financial Regulations and Financial Procedure Rules.

4.    That the comments on the effectiveness of the current Procedure Rules relating to “points of order” and “points of personal explanation” (referred to in paragraphs 5.12 and 5.13 of the report) be noted, but that no changes be made to those Procedure Rules at this stage.

5.    That the comments of the consultants on the interpretation of the political balance rules when making appointments to committees (referred to in paragraph 5.14 and 5.15 of the report) be noted, but no changes be made to the Constitution relating to appointments to committees and that such appointments continue to be made by the Council on the basis of advice submitted on each occasion by the Councillors officers.

6.    That the intention to submit a further report, to the February Council meeting, on changes which would be required to the Scheme of Delegation to Officers as a consequence of decisions to be made at this Council meeting on the appointment of Corporate Directors, be noted.

7.    That the intention of the Council’s officers to now also undertake a quick internal review of the Parts of the Constitution not included in the current review and to make recommendations on any further changes which may be necessary to be consistent with the decisions made at this meeting, be noted.