Appendix 2

COUNCIL MEETING, 16 MAY 2005

REPORT OF THE

Cabinet / Leader

PART I

AMENDMENTS TO THE CONSTITUTION: RIVER HAMBLE HARBOUR AUTHORITY AND SOUTH DOWNS JOINT COMMITTEE

On 25 April 2005, the Cabinet considered and endorsed the recommendations of the Governance Committee in respect of the River Hamble Harbour Authority and the South Downs Joint Committee. Accordingly, amendments to the County Council's Constitution will be required to reflect the following changes:-

- to transfer the responsibility for discharging the County Council's obligations as Harbour Authority from the Executive Member for Environment to a new River Hamble Harbour Board;

- to retain the River Hamble Harbour Management Committee as a sub-committee of the Board to advise on the discharge of the Board's powers, functions and obligations, and to have a strong involvement in scrutiny;

- to disband the River Hamble Harbour Advisory Committee; and

- the establishment of a joint committee for the South Downs as an interim arrangement pending a decision on the future administration of the South Downs and the proposed creation of a National Park.

RECOMMENDATIONS

1. That amendments be made to the Constitution, as detailed in Appendix A of this report, in regard to the establishment of the River Hamble Harbour Board.

2. That the Terms of Reference for the River Hamble Harbour Board, the River Hamble Harbour Management Committee, and the Planning and Scrutiny Protocol, as detailed in Appendices B to D of this report, be approved.

3. That Part I: Chapter 11, paragraph 11.2 (statutory joint committees) of the Constitution be amended by the addition of the following:

APPENDIX A

ESTABLISHMENT OF RIVER HAMBLE HARBOUR BOARD

SCHEDULE OF CHANGES TO THE CONSTITUTION

Page No. and Change

Section

4/Introduction Amend structure chart to show River Hamble Harbour Board reporting directly to the County Council.

28/Part 1, Para 11.2., in table relating to "other statutory

Chapter 11 committees", amend entries relating to "River Hamble Harbour Management Committee" by, in the second column, deleting "Environment" and replacing with "Reporting to the River Hamble Harbour Board.

43/Part 2, Para 1.3, amend Paras 1 and 17 in the table to read:-

Chapter 1

43/Part 2, Para 2, amend first para to read (additional wording shown by Chapter 1underlining):-

"Council functions are functions that cannot be the responsibility of an authority's Executive (under Regulation 2(1) and Schedule 1 of the Functions Regulations 2000 and Regulation 2 and Part 1 Schedule 1 of the Local Authorities (Functions and Responsibilities) (England) (Amendment) Regulations 2001) and functions which may be (but need not be) the responsibility of an authority's Executive (under Regulation 3(1) and Schedule 2 to the Functions Regulations 2000) and which the Council has decided should not be the responsibility of the Executive."

46/Part 2 Para 2 add to table as follows:-

Chapter 1

Committee	Membership	Functions	Delegation
River Hamble Harbour Board	Members of the Authority (3) Co-opted members (4)	The functions of the County Council in its capacity as harbour authority in respect of the River Hamble.	Action by Director of Environment

48/Part 2 Para 3 - responsibility for Executive functions. In the

Chapter 1 description of functions allocated to the Executive Member for Environment, delete "River Hamble".

APPENDIX B

TERMS OF REFERENCE

RIVER HAMBLE HARBOUR BOARD

1. Functions Delegated

The functions of the County Council in the capacity of harbour authority for the River Hamble.

2. Legal Status

A committee of the Cabinet established further to S.101(1) and S.102(1) Local Government Act 1972, to which political proportionality applies.

3. Chair and Membership

The Board comprises seven members, as follows:-

3.1 The Chairman of the Board to be appointed by the County Council.

3.2 Two Members of the County Council. Subject to proportionality being maintained, these to be one Member representing a County Council division within the administrative boundary of Eastleigh Borough Council, and one Member representing a County Council division within the administrative boundary of Fareham Borough Council.

3.3 Three co-opted members with relevant skills and experience in the following areas: recreational sailing; marine industry; environmental management.

3.4 The County Council's Marine Director, or other representative nominated from time to time by the Director of Environment.

3.5 The appointments referred to in paragraphs 3.2 and 3.3 shall be made by the County Council on the recommendation of an Appointments Panel established by the County Council, chaired by the Chairman of the Board.

4. Term of Office

4.1 The term of office of the Chairman shall be the period between his appointment and the first full meeting of the County Council after the next following County Council elections.

4.2 The initial term of office of those Board members appointed further to Paragraph 3.5 above shall be as follows:-

4.2.1 Members referred to in Paragraph 3.2 above: six years in the case of the first Member; four years in the case of the second Member, (subject in each case to the Member continuing to hold office as a County Councillor for that period).

4.2.2 Co-opted members referred to in Paragraph 3.3 above: six years in the case of the first two co-opted members; four years in the case of the third co-opted member.

4.3. After the initial term of office has expired, all appointments made further to Paragraph 3.5 above shall be for a term of four years.

4.4 Casual vacancies in appointments referred to in Paragraphs 3.2 and 3.3 shall be filled further to Paragraph 3.5 above. Those appointed to fill a casual vacancy shall continue in office until the date at which the term of office would have expired, had the casual vacancy not arisen.

5. Voting

5.1 All Board members other than the member appointed under Paragraph 3.4 above shall be entitled to vote (Note: co-opted members are entitled to vote further to S.13 (4) (g) Local Government and Housing Act 1989 and Regulation 4 of the Local Government (Committees and Political Groups) Regulations 1990, as the Board is established exclusively to discharge the Council's functions as a harbour authority).

5.2 In the event of there being an equal number of votes for and against a particular proposition, the Chairman shall have a casting vote.

6. Quorum

6.1 The quorum for meetings is three, including at least two Members of the Council.

7. Frequency of Meetings

7.1 The Board will normally meet once in every two months.

APPENDIX C

TERMS OF REFERENCE

RIVER HAMBLE HARBOUR MANAGEMENT COMMITTEE

1. Functions

1.1 To advise the River Hamble Harbour Board on the discharge of its powers, functions and obligations.

2. Legal Status

2.1 A sub-committee of the River Hamble Harbour Board established further to Article 12 of the River Hamble Harbour Revision Orders 1969 to 1989.

3. Chair and Membership

3.1 The following bodies are each entitled to appoint one member to the Committee: the Docks Board; the Royal Yachting Association; the Association of Hamble River Yacht Club; the Ship and Boat Builders' National Federation; the River Hamble Boatyard and Marine Operators' Association; Fareham Borough Council; Eastleigh Borough Council; Winchester City Council. Each body is entitled to nominate a person or persons to act as deputies for that member, provided that due notification of that appointment is given to the Chief Executive. A person so nominated may attend and vote and take part in any proceedings or business of the Management Committee in the place of the appointed person.

3.2 The Committee shall include at least nine Members appointed by the County Council, so that at least a majority of the members of the Committee are Members of the County Council. Proportionality applies to these appointments. The Chairman shall be appointed by the Council.

3.3 No member of the Board shall also serve as a member of the Committee.

4. Term of Office

4.1 All appointing bodies referred to in Paragraph 3.1 are asked to review and confirm the appointment of their representatives for the period with effect from May 2005. All appointing bodies are asked to make appointments for a period of four years. There is no bar on re-appointment at the end of that period.

4.2 All appointments of Members further to Paragraph 3.1 will be for the period until the first County Council meeting after the next following County Council elections.

5. Voting

5.1 All Committee members are entitled to a vote. In the event of there being an equal number of votes for or against a particular proposition, the Chairman shall have a casting vote.

6. Quorum

6.1 The quorum for meetings is one quarter of the membership i.e.: five.

7. Frequency of Meetings

7.1 The Committee will normally meet quarterly, subject to there being sufficient business.

APPENDIX D

PLANNING AND SCRUTINY PROTOCOL

1. Introduction

1.1 The provisions of the River Hamble Harbour Revision Orders 1969 to 1989 require that all matters relating to the discharge of the powers, functions and obligations delegated by the Council to the River Hamble Harbour Board stand referred to the Management Committee, and before exercising any such powers, functions and obligations, the Board shall, except in a case of emergency, consider a report of the Management Committee with respect thereto.

1.2 This protocol sets out the working arrangements that will normally apply in fulfilling this requirement. These arrangements are intended to provide for the involvement of the Management Committee in strategic planning and scrutiny of individual decisions, while ensuring that, in general, there is speedy and effective decision-making by the Board.

2. Strategic Plan

2.1 The Board shall approve and maintain a Strategic Plan setting out its approach to, and objectives in the discharge of its powers, functions and obligations delegated to it by the Council.

2.2 The Board shall consult the Management Committee on a draft of the Strategic Plan. The Management Committee shall produce a report of any comments or advice it has on the draft for consideration by the Board. The Board shall consider this report in finalising the Strategic Plan.

2.3 Once the Strategic Plan has been approved by the Board, the Board shall further consult the Management Committee on any proposed changes to it. The Management Committee shall provide a report of any comments or advice it has on the proposed changes for consideration by the Board. The Board shall consider this report in finalising any changes to the Strategic Plan.

2.4 Where the Board is considering a report of the Management Committee, the Chairman of the Management Committee shall be entitled to attend and address the Board upon the matter.

2.5 In exercising any of its powers, functions or obligations, the Board shall consider the Strategic Plan, including consideration of any particular comments or advice in any report of the Management Committee relevant to the power, function or obligation in question

3. Scrutiny

3.1 Prior to making a decision on any individual matter, the Board, may ask the Management Committee to consider the matter and give the Board advice upon it. The Management Committee shall then consider the matter and provide the Board with a report. The Board shall consider this report before making its decision on the matter.

3.2 Decisions of the Board are subject to scrutiny by the Management Committee, and may be "called-in" by a quorum of the Committee (i.e. five members) for consideration.

3.3 Decisions of the Board will be notified to all members of the Management Committee. Any notice of call-in must be given in writing to the Chief Executive within seven days. The decision will then be considered at a meeting of the Management Committee, which the Chairman of the Board, (or a nominated deputy) shall attend. The Management Committee shall then communicate its conclusion on the matter in a report to the Board.

3.4 Following a matter being called-in, the Board shall consider the matter again, taking into consideration the report of the Management Committee. The Board may confirm its original decision, or vary it in any respect as it considers appropriate.

3.5 The call-in procedure shall not apply where the Chairman of the Board is of the opinion that the decision being taken by the Board is urgent and that delay would result in a Government timetable for action not being met, or the Council's position being compromised or disadvantaged.

3.6 Where the Board is considering a report of the Management Committee, the Chairman of the Management Committee shall be entitled to attend and address the Board upon the matter.