Article 25 - Review and Revision of the Constitution

 

1               Duty to Monitor and Review the Constitution

 

1.1           The Monitoring Officer will monitor and review the operation of the Constitution to ensure that the aims and principles of the Constitution are given full effect. The Monitoring Officer will undertake a formal review of the whole Constitution (including the Executive arrangements) every six months and report to the Audit & Governance Committee for recommendation to Full Council as appropriate including any proposed revisions to the Constitution and the Executive arrangements. For the avoidance of doubt, the formal review of the Constitution will include a review of the Member Code of Conduct.

 

2               Changes to the Constitution

 

2.1           The Constitution may only be amended with the approval of Full Council, on the following basis:

 

                 Audit and Governance Committee

 

2.2           The Audit and Governance Committee may advise Full Council on proposed amendments to the Constitution in respect of any matter relating to the good governance of the Council and compliance with this Constitution in accordance with its terms of reference as set out in Article 9 of this Constitution or any amendments proposed by a Councillor as set out below.

 

                 Joint Standards Committee

 

2.3           The Joint Standards Committee may advise Full Council on any proposed amendments to the Constitution via prior consultation with Audit & Governance Committee in respect of any matter relating to Member ethics and code of conduct.

 

Councillors  

 

2.4           Any Councillor who wishes to propose a change to the Constitution shall consult the Monitoring Officer, who may report to the Audit and Governance Committee in relation to the proposed amendment.

 

Monitoring Officer

 

2.5           In addition, the Monitoring Officer may amend this Constitution in advance of Full Council approval in exceptional circumstances to:

 

(a)     ensure that the Constitution and the Council’s procedures meet all legal requirements;

(b)     reflect changes to arrangements for the distribution of responsibilities and the delegation of powers in accordance with decisions taken by the person(s) or body with authority to take such action;

(c)     give effect to changes explicitly approved by the Full Council; and

(d)   ensure that any new or amended protocols are included in the Constitution once they have been approved by the person(s) or body with the authority to do so.

 

2.6           Any such amendments must be duly reported to Full Council for approval at the earliest opportunity.

 

2.7           The Monitoring Officer may also make the following amendments to the Constitution, in consultation with the Chief Operating Officer, without requiring the approval of Full Council:

(a)     Minor drafting amendments

(b)     Any other non contentious amendments in consultation with Group Leaders and the Chair of the Audit & Governance Committee.



Chief Finance Officer

 

2.8           In addition, the Chief Finance Officer may amend this Constitution in advance of Full Council approval in exceptional circumstances to:

 

(a)   ensure that the Constitution and the Council’s procedures meet all financial and procurement regulations and requirements;

(b)   reflect changes to arrangements for the distribution of responsibilities and the delegation of powers in accordance with decisions taken by the person(s) or body with authority to take such action;

(c)   give effect to changes explicitly approved by the Full Council; and

(d)   ensure that any new or amended protocols are included in the Constitution once they have been approved by the person(s) or body with the authority to do so.

 

2.9           Any such changes made to the Constitution must be incorporated into an up to date version of the Constitution, which should be accessible via the Council’s website.