Agenda item

Report number LDS145 by the Chairman of the Constitution Committee.   (Enclosure)

Appendix B to this report can be viewed electronically (http://moderngov.southkesteven.gov.uk/ieListDocuments.aspx?CId=261&MId=3104&Ver=4). Copies of Appendix B will be made available in hardcopy on request.

1.1       Amendment to the Constitution

The Council approves that the Constitution is amended to include in the Scheme of Delegation for the Executive Manager, Environment the following:

“The Mobile Homes Act 2013 and the Mobile Homes Act 1983 and Enterprise and Regulatory Reform Act 2013 are added to the list of statutes contained within the Constitution and that the Executive Manager Environment and Officers delegated in writing by them are authorised to act under these statutes and Regulation Orders made thereunder.”

1.2       Amendment to the Arrangements for dealing with Standards

Complaints

The Council approves the following amendments to the arrangements for dealing with Standards Complaints under the Localism Act 2011 (the Arrangements):

·      That legal representation is permitted for Members who face an allegation of misconduct and are required to appear before the Review Board

·      That such representation must be provided at the cost to the Member and not at a cost to the Council

1.3       Constitution Review

The Council approves the draft Constitution document (Appendix 2 to report number LDS145) incorporating all previously agreed amendments together with the following amendment:

Procedure for cancellation of meetings

The Chairman or Vice-Chairman in  the Chairman’s absence has the authority to cancel meetings of a committee/policy development group where there are insufficient items for the agenda of the next meeting.

The Chairman of the Constitution Committee presented the recommendations in report number LDS145, which summarised the Committee’s deliberations at its meeting on 9 February 2015.

He proposed the first recommendation in the report, which would see the Constitution amended to include officer delegations related to mobile homes. The proposal was seconded and on being put to the vote agreed.

The Constitution Committee Chairman then proposed the second recommendation which related to dealing with standards complaints and legal representation for members who face allegations of misconduct. This was seconded and on being put to the vote agreed.

The third proposition related to the introduction of a procedure for the cancellation of meetings which would involve the Chairman or Vice-Chairman consulting with other members of the committee/policy development group, with a majority agreeing to the cancellation of the meeting. Under this proposition, this procedure could only be invoked once the notice period for adding items to the agenda had lapsed.

An amendment to replace the wording of the proposal was proposed and seconded that: The Chairman or Vice-Chairman in his or her absence has the authority to cancel meetings of a committee/policy development group where there are insufficient items for the agenda of the next meeting. Some discussion ensued on this item where members recognised that the business of the regulatory committees was demand-led. While this was acknowledged by those Councillors speaking against the amendment, they suggested that in relation to policy development groups and other committees, consulting with members could generate business. The concern was also raised that cancelling a meeting without consulting the wider membership could disenfranchise the rest of the members of the committee/policy development group.

A vote was taken on the amendment, which was carried. In turn it became the substantive motion and, on being put to the vote, was approved.

The final recommendation moved by the Chairman of the Constitution Committee was the adoption of the reformatted version of the Constitution (appendix 2 to report LDS145). This was seconded and on being put to the vote, agreed.