Article 26 - Suspension, Interpretation and Publication of the Constitution


1                  Suspension of the Constitution


1.1                  The Articles of this Constitution may not be suspended.

1.2               The following appendices of this Constitution may not be suspended:

·        Appendix 1 (Scheme of delegation & Responsibility for functions)

·        Appendix 7 (Access to information)

·        Appendix 10 and 10A (Financial Procedure Rules)

·        Appendix 11 (Contract Procedure Rules)

·        Appendix 12 (Officer Employment Procedure Rules)

·        Appendix 14 (Member Code of Conduct)

·        Appendix 15 (Officer Code of Conduct)

·        Appendix 16 (Protocol on Officer Member Relations)

·        Appendix 17 (Code of Good Practice for Councillors involved in the Planning Process)

·        Appendix 18 (Outside Body Guidance)

·        Appendix 19 (Protocol for use of ICT by Members)

·        Appendix 20 (Members Allowances Scheme)

·        Appendix 21 (Urgent Decision Making Guidance)

1.3               Procedure Rules in Appendix 3 of this Constitution may be suspended by Full Council or by the Executive (in relation to its own business) or by a Committee, but only to the extent permitted by law. The extent and duration of any suspension must be proportionate to the intended outcome.

1.4                  A motion to suspend any Procedure Rules(s) will not be moved unless either:

a)   the motion is included on the agenda for the meeting; or

b)   the suspension is proposed in a written report which relates to an item on the agenda for the meeting; or

c)   at least half of the number of Councillors entitled to be present at the meeting are present when the proposal is made.


2               Interpretation


2.1           The ruling of the Lord Mayor of the Council as to the construction or application of this Constitution or as to any proceedings of the Council shall not be challenged at any meeting of Full Council. Such interpretation will have regard to the purposes of this Constitution contained in Article 1.


2.2           The Monitoring Officer will determine all questions as to the interpretation, construction or application of this Constitution that do not fall within the jurisdiction of the Lord Mayor.


3               Publication


3.1           The Monitoring Officer will ensure that each Member of the authority has access to a copy of the Constitution upon delivery to them of that individual’s declaration of acceptance of office on the Member first being elected to the Council.


3.2           The Monitoring Officer will ensure that copies are available for inspection at Council offices and other appropriate locations including on the Council’s website, and can be purchased by Members of the local press and public on payment of a reasonable fee.