Agenda Item No.11
The Vale of Glamorgan Council
Council: 29th September, 2014
Report of the Monitoring Officer
Review of the Council's Constitution / Officer Delegations
Purpose of the Report
1. To consider a number of amendments / additions to the Council's Constitution.
That Council determines its view on the issues contained in Appendix A.
Reason for the Recommendation
To update / modify the Constitution in line with current requirements and to enable determination of the issues raised.
2. Since the formal introduction of the Council's new executive arrangements in May 2002, the Constitution has remained under review and will continue to be so on an ongoing basis. Under Article 15 of the Constitution the Monitoring Officer has a duty to monitor and review the operation of the Constitution to ensure that the aims and principles contained therein are given full effect. Any changes considered necessary are subject to approval by the Full Council after consideration of the proposals by the Monitoring Officer.
Relevant Issues and Options
3. Members will recall that a cross-party Constitution Working Party has been established to consider amendments to the Council's existing Constitution, taking into account the new Model Version issued for consideration/adaptation by local authorities in Wales. Various officers have been going through the existing Constitution and preparing draft revised sections for consideration by the Working Party. Often, the text is very similar to the current version. However, there are also various new legislative requirements and provisions which need to be taken into account and which are reflected in the Model Version. The Working Party will meet as necessary prior to a report being submitted to the Council in due course.
4. Notwithstanding, and in advance of, the above, Appendix A to the report contains a number of proposed amendments / updates / recommendations to the Constitution together with the rationale for such. In summary, these relate to:
· Amendments to Schedule 3 of Part 1 of the Constitution - Functions not to be the Responsibility of an Authority's Executive (to reflect legislative changes)
· Certain matters falling within the provisions Part X of the Town and Country Planning Act 1990
· As a result of the above, consequential amendments to the Terms of Reference of the Public Rights of Way Sub-Committee and the delegated powers granted to the Director of Development Services
5. The opportunity will also be taken to make any minor typographical / housekeeping changes to bring the document up to date.
6. The existing Constitution is available on both the Council's MemberNet site http://live.staffnet.valeofglamorgan.gov.uk/MemberNet/MemberNet.aspx (access only for Elected Members and staff of the Vale of Glamorgan Council) and external website http://www.valeofglamorgan.gov.uk/en/our_council/council/constitution/constitution.aspx
Resource Implications (Financial and Employment)
7. None as a direct result of this report.
Sustainability and Climate Change Implications
8. None as a direct result of this report.
Legal Implications (to Include Human Rights Implications)
9. The Council is required to comply with the Local Government Act 2000 and subordinate legislation in the drawing up and subsequent operation of the Constitution.
Crime and Disorder Implications
10. The Constitution has been updated to reflect current legislation.
Equal Opportunities Implications (to include Welsh Language issues)
11. None as a direct result of this report.
12. The Constitution is part of the framework supporting the Council's commitment to provide political leadership and active relationship and engagement.
Policy Framework and Budget
13. The adoption and subsequent changing of the Constitution is a matter for the Full Council.
Consultation (including Ward Member Consultation)
14. The monitoring and amendment of the Constitution is an internal matter and therefore no external consultation is necessary.
Relevant Scrutiny Committee
15. Corporate Resources
Jeff Wyatt, Tel: 01446 709408
Director of Development Services
Debbie Marles, Monitoring Officer