Contact: Jeff Pattison, ext 7321

1. Summary

1.1. In accordance with the recently adopted Constitution of the County Council, any suggested amendments to it need to be considered by Standards Committee and any recommendations forwarded to Council for their decision on whether to implement any amendments. As experience with the Constitution develops it is anticipated that there will be changes to the Constitution and this report suggests several for the Committee to consider.

2. Suggested Changes to the Constitution

Indicated below are several changes which it is suggested should be recommended to the Council to adopt in order to clarify certain aspects of the Constitution.

2.1. Pension Fund Panel

2.1.1. An apparent conflict has arisen with regard to the body responsible for carrying out those Terms of Reference which applied to the Pension Fund Panel prior to the adoption of the Constitution. The Constitution indicates that pension issues will be a responsibility of Regulatory Committee B. However, the County Council at its meeting in June appointed the Pension Fund Panel and re-appointed it in September on a politically proportional basis of 5 Conservatives, 2 Liberal Democrats and 1 Labour. The importance of the Panel is reflected in the appointments made to it, i.e. Councillors Thornber, Waddington, Dash, Filer, Glasspool, Hutcheson, Kirk, Ludlow and Wheeler.

2.1.2. I take the view that the County Council meeting in September taking place, as it did, after the formal adoption of the Constitution, had thereby impliedly amended the Constitution to provide for the functions previously allocated to the Pension Fund Panel by way of the old Terms of Reference to be revived, rather than have this function dealt with by Regulatory Committee B.

2.1.3. I would therefore recommend that the Constitution should be amended to explicitly refer to the Pension Fund Panel being the Committee responsible for undertaking those functions identified in the pre-existing Terms of Reference, and that any references in the Constitution to this function being undertaken by Regulatory Committee B, be deleted.

2.2. Access to Information and Call-in

2.2.1. A small ambiguity is considered to exist in the Access to Information Protocol at Part 3:B of the Constitution. Paragraph 2.9 iv) implies that call-in may always be applicable. However, there will be circumstances where call-in will not delay an effective decision being made, i.e. if a decision has been made in accordance with policy and budget.

2.2.2. It is suggested therefore that to remove this ambiguity, at the end of paragraph 2.9.iv the words "if appropriate" need to be added.

2.3. Policy Review

2.3.1. Several members have raised questions as to whether or not Co-opted Members referred to at paragraph 1.4 in Part 3:D of the Constitution (Policy Review) are voting or non-voting. The position is that Co-opted Members of Policy Review Committees are non-voting. It is suggested that paragraph 1.4 should be clarified to explicitly say this and to confirm that the provision here is different from those Education Policy Review Committee Co-opted Members referred to in paragraph 1.5 (a), (b) and (c) only who do have voting rights.

2.4. Nomenclature

2.4.1. The nomenclature used by members and officers to refer to the Executive Member and Policy Review Committee for Recreation, Heritage and Culture is not consistent. After consultation with the Leader and Executive Members it is considered that the words "Recreation and Heritage" convey the scope of the area fully and accordingly it is suggested that the Constitution should be formally amended to refer to this, namely that all references in the Constitution to the "Executive Member for Recreation, Heritage and Culture" and the "Policy Review Committee for Recreation, Heritage and Culture" be deleted and replaced, respectively by references to the "Executive Member for Recreation and Heritage" and the "Policy Review Committee for Recreation and Heritage".

2.5. Protocol for member/officer relations

2.5.1. At Standards and Procedures Sub-Committee on 30 July 2001 a report was considered regarding member conduct. It was agreed that the Protocol for member/officer relations should be amended to include an explicit provision indicating that members supplied with equipment by the County Council are responsible for its use and misuse by anyone to whom the member gives access to the equipment.

2.5.2. As the Protocol has been incorporated as part of the Constitution it is appropriate for the Committee to recommend the necessary wording to the Council.

2.5.3. It is therefore suggested that the following wording be added to paragraph 3.2 of the Protocol which is to be found at Part 4:3 of the Constitution.

"Any such equipment provided by the Council, such as personal computers, must however only be used in accordance with any Council policies which apply at the time. Furthermore, the member will be fully responsible for the use or misuse of the equipment, including any use or misuse by anyone to whom the member has given access to the equipment."

3. Area Based Committees and Panels

3.1. Part 1, Chapter 10, paragraph 10.2 of the Constitution lists statutory joint committees. It is necessary to add to the list "In and Around North Hampshire", which, with Hart and Rushmoor Councils, is a statutory joint committee to develop and promote tourism within North East Hampshire. The Committee will report to the Leader. The County Council has three representatives.

4. Appointments to Committees, Sub-Committees and Panels

4.1. The Constitution (Part 1 Chapter 4(f)) specifies that only the County Council may make appointments to committees. Whilst there may now be six meetings of the County Council a year, it is considered that, to enable prompt responses if special circumstances so require, there should be a more flexible means of responding to political groups' wishes to vary their representation on committees.

The Proposal

4.2. It is suggested that the Chief Executive be authorised to approve changes in committee memberships where proportionality rules apply, i.e. Policy Review Committees and advisory panels including statutory joint committees with three or more members. In the interests of stability, the political groups would not be expected to change representation, for example simply to cover unavailability of a member. The County Council's policy on deputies allows any political group with only one member represented on a panel to have a deputy in order to allow representation wherever possible.

4.3 It is therefore recommended that the Constitution be revised as
follows:

Add to Part 2: Chapter 1 new paragraph 16 as follows:

5. River Hamble

5.1 The Cabinet, at its meeting on 19 September 2001, considered a report on the
constitutional arrangements for the Council's functions as Harbour Authority.
Regulations clarify that this function may be (but need not be) the
responsibility of an Authority's Executive. It is also known that a Municipal
Ports Review is being undertaken by Government which may require further
constitutional changes in the future.

5.2 The Cabinet has recommended to the Standards Committee that the following
changes be made to the Constitution.

5.3 "Part 2 of the Constitution be amended to state that the functions of the Council as Harbour Authority (to the extent that these are not functions under local Acts, which are already allocated to the Executive) are the responsibility of the Executive, acting collectively or individually, with delegation of functions to the appropriate Chief Officer.

5.4 Paragraph 10.2 of the Constitution be amended to show that the River Hamble
Management Sub-Committee is re-named the "River Hamble Harbour Management Committee" and reports to the responsible Executive Member.

5.5 An Advisory Committee be established as set out in paragraph 14 of the
report."

5.6 The Cabinet also recommended that the Chief Executive and County Planning
Officer in consultation with the responsible Executive Member, draft terms of
reference for the River Hamble Harbour Management Committee and the
Advisory Committee, for consideration by and approval of the Standards
Committee and Council.

5.7 These are appended for recommendation to the Council pursuant to Part 1 : Chapter 4 paragraph 4.01(f) together with details of the organisations to be represented on the River Hamble Advisory Committee.

Recommendation

1. The Standards Committee agree to the suggested changes contained in the report being made to the Constitution and that the Council at its next meeting be requested to formally confirm these changes.

Section 100D - Local Government Act 1972 - background papers

The following documents disclose facts or matters on which this report, or an important part of it, is based and has been relied upon to a material extent in the preparation of this report.

N.B. The list excludes:

1. Published works.

2. Documents which disclose exempt or confidential information as defined in
the Act.

None.

THE RIVER HAMBLE

DRAFT TERMS OF REFERENCE

1. The River Hamble Management Committee

The Committee Shall:-

· advise the Executive Member for Environment in connection with the discharge by him of the County Council's functions in respect of the River Hamble.

· prepare and maintain a strategic plan for the management of the River Hamble, within the context of which individual decisions can be made by the Executive Member for Environment, the Executive Member consulting as necessary with the Executive Member's Group.

· assess and evaluate matters raised by the Advisory Committee to assist the Executive Member in decision making.

· To receive for information and comment an Annual Report from the Executive Member for Environment in connection with the discharge of the Council's functions in respect of the River Hamble.

2. The River Hamble Executive Member's Group

· The Group shall advise and assist the Executive member for Environment in connection with individual matters referred to the Executive Member for decision, within the context of the strategic objectives agreed by the River Hamble Management Committee.

3. The River Hamble Advisory Committee

The Advisory Committee shall:-

· advise the River Hamble Management Committee on the development of its strategic plan for the management of the River.

· raise any issues concerning the management of the River Hamble that require consideration by the Executive Member for Environment.

· to receive for information and comment an Annual Report from the Executive Member for Environment in connection with the discharge of the Council's functions in respect of the River Hamble.


THE RIVER HAMBLE ADVISORY COMMITTEE

Members

Executive Member Chairman

Representatives from: Numbers

Crown Estate 1

Parish Councils (Botley, Bursledon, Hamble and 4

Curdridge)

Fareham Borough Ward Members (Sarisbury and Warsash) 2

Environment Agency 1

English Nature (or Wildlife Trust) 1

Hampshire and Wight Trust for Maritime Archaeology 1

Southern Tourist Board 1 Southampton and Fareham Chamber of Commerce 1

River Users: 8

Association of Hamble River Yacht Clubs

Marina Berth Holders Association

River Hamble Mooring Holders Association

Hamble River Boatyard and Marina Operators Association

Southern Marine Industries Association

Royal Yachting Association

Southern Sea Fisheries District Committee

Marine Police Unit - Hampshire Constabulary

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