Archived decisions

HAMPSHIRE COUNTY COUNCIL

Decision Report

1. Executive Summary

1.1 This report sets out some proposed changes to the Council's Constitution, which Council is asked to approve. The report provides an explanation in each case as to why it is felt change is required, and attaches in "track change" format the proposed amended wording for the Constitution. In some instances this is due to recent changes in local government legislation. In other cases it is due to amendment of the existing arrangements for decision making and delegation of responsibility, following the election and recent decisions of the Cabinet.

2. Select (Overview and Scrutiny) Committees

2.1 Appendix 1 sets out the proposed changes to Part 1 Chapter 6, and Part 3:D. These changes reflect the recent implementation of provisions in the Local Government and Public Involvement in Health Act 2007 (the "Councillor Call for Action"). In summary, these provisions enable any member of the Council to refer to a Select Committee a "local government matter" which falls within the committee's remit. A `local government matter' means one which:

· Relates to a function of the authority, and

· Affects all or part of the member's division- or the people that live or work in it, and

· Is not an excluded matter e.g. a local licensing or planning decision

In accordance with the pre-existing legislation, the current arrangements in the Constitution provide for this right to be exercised only by any member of the relevant Select Committee, as opposed to all members generally, and change is therefore required.

2.2 The changes also reflect the introduction recently of provisions in the Police and Justice Act 2006. These extend the Council's scrutiny role to include crime and disorder reduction partnerships, and it is proposed that this be included within the remit of the safe and Healthy people Select Committee.

3. Officers and Management Arrangements

3.1 Appendix 2 sets out the proposed changes to Part 1 Chapter 12 and Part 2 Chapter 1.4. These reflect recent decisions by Cabinet making changes to the structure of the Corporate Management Team and the allocation of responsibilities to Chief Officers. In particular, provision is now made for the responsibilities of the Deputy Chief Executive and Director of Economic Development.

4. Executive Functions

4.1 It is for the Leader of the Council to allocate executive functions amongst the Executive. Should any changes be made by the Leader elected at today's Annual Meeting, it will be necessary to update Part 2 Chapter 1.3, to reflect any changes to the allocation of executive portfolios. It is recommended that the Chief Executive be authorised to make such changes as are necessary to reflect the Leader's decision.

5. Appointment of Senior Officers

5.1 Appendix 3 sets out the proposed changes to Part 3.A (Standing Orders). Standing Order 41 has been revised to incorporate changes recently agreed by Cabinet to the process for internal appointment to those senior posts that report directly to the Head of Paid Service (i.e. Chief Executive). It should be noted that the majority of S.O. 41 is a mandatory requirement for inclusion in local authority standing orders. The proposed changes are limited to areas where the Council has some local discretion.

6. Term of Office of Leader

6.1 The Local Government and Public Involvement in Health Act 2007 has clarified that the term of office of the Council's Leader starts on the day of election as Leader, and ends on the day of the annual meeting following local authority elections four years hence. This is subject to earlier removal by resolution of the Council. Slight changes to Part 1 Chapter 7, Paragraph 7.3, and Standing Order 5 are proposed to reflect these statutory provisions (see Appendix 4).

7. Recommendation

7.1 That the amendments to the Constitution set out in the Report are approved.

7.2 That the Chief Executive be authorised to make such changes to Part 2 Chapter 1.3 as are necessary to reflect any changes made by the Leader to allocation of executive functions.

CORPORATE OR LEGAL INFORMATION:

IMPACT ASSESSMENTS:

1. Equalities Impact Assessment:

a) No significant impact

2. Impact on Crime and Disorder:

a) The proposed changes include a new scrutiny role in relation to crime and disorder reduction partnerships

3. Climate Change:

a) How does what is being proposed impact on our carbon footprint / energy consumption?

· No significant impact

b) How does what is being proposed consider the need to adapt to climate change, and be resilient to its longer term impacts?

· No significant impact