Archived decisions

Contact: David Hinxman (01962 847339) e-mail [email protected]

1. Summary:

To recommend to the County Council:

a) That, subject to the revisions set out in the attached supplement to this decision, the following be approved:

· revised Part 1: Chapter 6 (Policy Review Committees) and the Policy Review Committee Rules of Procedure (Part 3D of the Constitution) set out as Appendices 1 and 2

· revised Access to Information protocol (Part 3B of the Constitution) set out as Appendix 3

· updated Part 1: Chapter 11 (Area based committees and panels) set out as Appendix 4.

b) That Part 1: Chapter 4(f) of the Constitution be deleted and replaced by "Agreeing and/or amending Terms of Reference for Committees, determining proportionality on those committees which are subject to proportionality rules, and, where proportionality rules do not apply, making appointments to them."

c) That Part 3A of the Constitution (Standing Order 37(a) be amended by the deletion of "paragraphs 1-6, 9, 11, 12 and 14 of Part 1 of Schedule 12A" and the insertion of the words "paragraphs 1 - 7 of Part 1 of Schedule 12A".

2. Reason:

2.1 To codify in the County Council's Constitution changes following the Democratic Review and other changes to reflect operating procedures and statutory requirements.

3. Other Options considered and rejected:

3.1 The proposals reflect the County Council's earlier detailed consideration of how to improve the operation of its democratic organs.

4. Conflicts of Interest declared by the decision maker or other Executive member consulted - none.

5. Dispensation granted by the Standards Committee - none.

6. Reason(s) for the matter being dealt with if urgent - not applicable.

Approved by:

Councillor TK Thornber, CBE Councillor Felicity Hindson
Chairman

Date: 25 September 2006

REVISIONS TO THE COUNTY COUNCIL'S CONSTITUTION - supplement

Following consideration by the Working Group set up by the Cabinet on 25 September the following amendments are recommended:

Report of the Monitoring Officer

a) para 3.1, fourth line from end: after `voting rights' add `....only on Education matters.' - for clarification.

b) para 5.1, penultimate line: replace `determining' with `agreeing' - plain english.

Appendix 1

a) para 6.4(d) - delete `.....Policy Review or ...' because PRCs do not make decisions; and add after `....Joint Committee' the words `in accordance with the call-in provisions contained in paragraphs 1.16 and 1.17 of Part 3D of the Constitution' - to make a clear link to the relevant provisions of the Constitution.

b) para 6.5.2(a) delete `....service delivery and performance.' - covered by 6.5.2(b).

Appendix 2

a) para 1.16(a) insert after `...PRCs.' in line 3 a new sentence: `Where a decision affects more than one PRC (i.e. it is cross-cutting) a call-in must be made by at least two of the PRCs.' - added for clarification.

b) para 1.16(d) insert after `debated' the words `.....without changing the previous decision although the Council may request the Cabinet or relevant Executive Member(s) to review the decision in question.' - added for clarification.

Appendix 3

a) para 2.3 last line - revise `have' to `having'.

b) para 2.5 line 3 after `....Council' add the words `...that the matter is urgent.' - for clarification as this reflects Regulations more accurately.

Appendix 4

Revised version attached - Health Scrutiny Joint Committee reports to the Council.