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Agenda Item No. 8

 

The Vale of Glamorgan Council

 

Council: 27th September, 2017

 

Report of the Monitoring Officer

 

Review of the Council's Constitution : Standards Committee

 

Purpose of the Report

  1. To recommend amendments to the terms of office of Elected Members and the Town and Community Council representative of the Standards Committee in the Council's Constitution to bring in line with current statutory regulations.

Recommendations

  1. That the Council's Constitution at Section 8, paragraphs 8.2(b) and (c) dealing with the terms of office for Elected Members and the Town and Community Councillor representative on the Standards Committee be amended as outlined in paragraphs 3-6 of this report.

Reasons for the Recommendation

In order to update the Council's Constitution in line with current statutory regulations.

Background

  1. The Council's Constitution currently states at Section 8, paragraph 8.2:

          "(b)   Members of the Local Authority who are members of the Standards Committee will have a term of office of not more than four years or the period until the ordinary local government elections for the area, whichever is the shorter, in accordance with the Standards Committee (Wales) Regulations 2001; such a Member shall cease to be a member of the Standards Committee if that Member ceases to be a Member of the Council.

 

          (c)    The term of office of Members of the Town or Community Council shall be no more than four years or the period until the ordinary elections for the Community Council of which the community member is a member, whichever is the shorter in accordance with the Standards Committee (Wales) (Amendment) Regulations 2006. Such a member may be re-appointed for one further consecutive term."

Relevant Issues and Options

  1. The 2001 Regulations in respect of Members of the Local Authority was subsequently amended by the Local Government (Standards Committees, Investigations, Dispensations and Referral) (Wales) (Amendment) Regulations 2016 ('the 2016 Regulations') to read that:

         "18(1) The term of office of a member of a local authority standards committee who is a member of that authority shall be no longer than the period until the next ordinary local government elections for that authority following the member's appointment to the committee.

 

         18(2) Such a member shall cease to be a member of that standards committee if that member ceases to be a member of the local authority concerned, or, in the case of a joint committee, of a constituent local authority of that committee".

  1. The 2016 Regulations also provide that a local authority member of the Standards Committee may be reappointed for one further consecutive term.
  2. With regard to a community committee member, the Local Government (Standards Committees, Investigations, Dispensations and Referral) (Wales) (Amendment) Regulations 2016, regulation 18A provides:

         "(1) The term of office of a member of a local authority standards committee who is a community committee member shall be no longer than the period until the next ordinary elections for the community council of which he or she is a member following his or her appointment to the standards committee.

 

         (2) A community committee member shall cease to be a member of a local authority standards committee if that member ceases to be a member of a community council within the area of the local authority concerned or, in the case of a joint committee, of a constituent local authority of that committee."

  1. The 2016 Regulations also provide that a community committee member of the Standards Committee of a local authority may be reappointed for one further consecutive term.
  2. It is therefore recommended that in line with the 2016 Regulations that Section 8, paragraphs 8.2 (b) and (c) of the Council's Constitution be amended to reflect the changes in the 2016 Regulations as detailed in paragraphs 3-6 above.

Resource Implications (Financial and Employment)

  1. None as a direct result of this report.

Sustainability and Climate Change Implications

  1. None as a direct result of this report.

Legal Implications (to Include Human Rights Implications)

  1. 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

  1. None as a direct result of this report.

Equal Opportunities Implications (to include Welsh Language issues)

  1. None as a direct result of this report.

Corporate/Service Objectives

  1. The Constitution is part of the framework supporting the Council's commitment to provide political leadership, an active relationship and engagement.

Policy Framework and Budget

  1. The adoption and subsequent changing of the Constitution is a matter for Council.

Consultation (including Ward Member Consultation)

  1. The monitoring and amendment of the Constitution is an internal matter and therefore no external consultation is necessary.

Relevant Scrutiny Committee

  1. Corporate Performance and Resources

Background Papers

The Council's Constitution

Contact Officer

Mrs. Karen Bowen, Democratic and Scrutiny Services Officer

Officers Consulted

Managing Director

Operational Manager, Democratic Services

Responsible Officer:

Debbie Marles, Monitoring Officer

 

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