Agenda Item No. 7
The Vale of Glamorgan Council
Council: 24th June, 2015
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 Appendices A, B and C, which are summarised in paragraph 4 of the report.
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 conclude its work shortly and a revised draft Constitution will be submitted to the Council meeting in September.
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:
Part 4(F) of the Constitution - Financial Procedure Rules - amend references to "Director of Resources" to read "Section 151 Officer"
Part 4(G) of the Constitution - Contracts Procedure Rules - amend references to "Director of Resources" to read "Section 151 Officer"
Part 8 of the Constitution - Officer Delegations - amendments to reflect Senior Management Restructuring within the Visible Services and Housing Directorates (also see Agenda Item 9(c)). Full details of the proposed amendments are set out in Appendix B.
Part 8 of the Constitution - Officer Delegations - amendment / addition to an existing delegation (resting under current interim management arrangements previously agreed, with the Director of Visible Services and the Operational Manager (Development and Building Control) as follows :
"1.32(a) In consultation with the Head of Legal Services, to authorise the preparation of Enforcement and Stop Notices, after consultation with the Chairman f the Planning Committee, where reference to the Planning Committee would occasion detrimental delay and to instruct the Head of Legal Services to issue such notices, if appropriate.
1.32(b) In consultation with the Head of Legal Services, to authorise the variation or withdrawal of a previously issued Enforcement Notice or Stop Notice to correct a defect or error or make such other minor variation as deemed necessary and to instruct the Head of Legal Services to issue such amended notices, if appropriate.
1.32(c) In consultation with the Head of Legal Services, to authorise the preparation of Temporary Stop Notices and to instruct the Head of Legal Services to issue such notices, if appropriate."
Part 8 of the Constitution - Officer Delegations - new delegation, as recommended by Cabinet on 23rd March, 2015 (and subject to the reference to the Director of Development Services being regarded as meaning the Director of Visible Services under current interim management arrangements in place) and the addition of reference to the Head of Shared Regulatory Services) as shown. The original reference from Cabinet is attached as Appendix C. (N.B. This item was included amongst items on the agenda for Council on 29th April, 2015 for the Council to note the use of the Council’s Urgency Decision Procedure. However, the Cabinet reference actually seeks Council approval of the recommendations contained therein.
"(1) That the Director of Development Services, Head of Shared Regulatory Services and Head of Public Protection authorise Council Officers to issue, vary and revoke licences under the provisions of the Mobile (Homes) Wales Act 2013
(2) That the Director of Development Services, Head of Shared Regulatory Services and Head of Public Protection authorise Council Officers to carry out the Council’s function under the Mobile Homes (Wales) Act 2013'.
5. The opportunity will also be taken to make any minor typographical / housekeeping changes to bring the document up to date.
Resource Implications (Financial and Employment)
6. None as a direct result of this report.
Sustainability and Climate Change Implications
7. None as a direct result of this report.
Legal Implications (to Include Human Rights Implications)
8. 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
9. The Constitution has been updated to reflect current legislation.
Equal Opportunities Implications (to include Welsh Language issues)
10. None as a direct result of this report.
11. 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
12. The adoption and subsequent changing of the Constitution is a matter for the Full Council.
Consultation (including Ward Member Consultation)
13. The monitoring and amendment of the Constitution is an internal matter and therefore no external consultation is necessary.
Relevant Scrutiny Committee
14. Corporate Resources
Jeff Wyatt, Tel: 01446 709408
Director of Development Services
Operational Manager (Development and Building Control)
Debbie Marles, Monitoring Officer