Contact: Paddy Hillary, Ext. 7391 email: [email protected]

1. The Constitution currently reflects the statutory and voluntary policy framework which was in force at the time when the original document was produced in 2001. The framework identifies those plans and strategies which are either prescribed by legislation or are identified as key policy statements and that require adoption by the County Council to form the basis for policy decisions by the executive. This is set out on Pages 16 and 17 of the Constitution.

2. In order to reflect changes in legislation and the County Council's Comprehensive Performance Assessment rating as `excellent', it is proposed that an amendment is made to Part 1, Chapter 4 Paragraph 4.01 c) in order to specify those plans and strategies that form the County Council's current policy framework as follows.

3. Recommendation

That it be a RECOMMENDATION to Cabinet and to the County Council

That the following amendment be made to the Constitution Part 1, Chapter 4, Paragraph 4.01 c):

Delete the existing list of plans specified under sub-section c) and replace with:
c) agreeing and adopting the following plans and strategies (`policy framework'):
Community Strategy
Performance Plan
Plans and strategies that together comprise the Development Plan

These are the other plans and strategies that the Council has agreed should be adopted as a matter of local choice:
Corporate Strategy
Children and Young People's Plan
Local Transport Plan.

Section 100 D - 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.

NB the list excludes:

1. Published works

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

File Location

None

Appendix

The Constitution : Part 1
Chapter 4 - The role of the County Council

  4.1 Functions reserved to the County Council

Only the County Council will exercise the following functions:

a. adopting and changing the Constitution

b. approving the budget, setting the Council Tax and issuing the precept

c. agreeing and adopting the following plans and strategies ('policy framework'):

· Best Value Performance Plan

· Community Strategy

· Crime and Disorder Reduction Strategy  

· Early Years Development Plan

· Education Development Plan

· Local Transport Plan

· Delivering Better Services

· Plans and strategies which together comprise the Development Plan

· Youth Justice Plan

Under the Local Authorities (Functions and Responsibilities) (England) Regulations 2000 (the Functions Regulations), and Regulations under Section 32 of the Local Government Act 2000, the above plans must be adopted by the Council.

The following are plans and strategies which Chapter 2 of the Department of Transport, Local Government and the Regions guidance recommends the Council should adopt as part of the policy framework:

· The Corporate Strategy

· 'Quality Protects' Action Plan

· Adult Learning Plan

· Sustainability (Local Agenda 21) Strategy

The following are the other plans and strategies the Council has agreed to adopt as a matter of local choice:

· Revenue Budget and Capital Programme

· People Strategy

· Economic Strategy

· Treasury Management Strategy

· Asset Management Plan

· Capital Strategy

· Strategy for the Built Estate

· Behaviour Support Plan

· Lifelong Learning Development Plan

· Food Standards Plan

Other plans agreed to be adopted by the Council as a matter of local choice.