GOVERNANCE COMMITTEE 11 March 2020

AGENDA ITEM 7

Subject PROPOSED CHANGES TO THE CONSTITUTION Report by MONITORING OFFICER

Enquiries contact: Monitoring Officer - Lorraine Browne, 01245 606560, lorraine.browne@chelmsford.gov.uk

Purpose The purpose of this report is to consult with Members as to the changes to the Constitution proposed by the Monitoring Officer. Any changes would be further considered by Cabinet prior to formal approval at Annual Council. Recommendation(s)

1. That the changes set out in the report and appendices 1-3 are recommended to Council, noting that these will be considered further by Cabinet together with the proposed delegation to the Monitoring Officer in consultation with the Chair of Governance Committee to make appropriate amendments to the final proposed changes for Council.

Corporate Implications Legal: There are a wide range of legal issues that arise in updating

and amending the Constitution. Relevant legal issues are highlighted in relation to any specific change that is recommended as necessary.

Financial: None Potential impact on climate change and the environment:

None

Contribution toward achieving a net zero carbon position by 2030:

None

Personnel: None Risk Management: Reviewing and updating the Constitution regularly reduces the

risk of it becoming out of date and challenge on this basis.

Equalities and Diversity: None Health and Safety: None IT: None Other: None

Consultees

Policies and Strategies The report takes into account the following policies and strategies of the Council: The Council’s Constitution

1. Background

1.1 Officers have been reviewing and updating the Constitution in three stages. Firstly, through use of the delegation to the Legal and Democratic Services Manager to make minor changes eg legislative and organisational changes necessary as well as ensuring the document is gender neutral.

1.2 This report relates to a second stage in relation to changes where member approval is necessary but where the changes are fairly straightforward and are unlikely to need detailed consultation with members prior to approval. The changes set out in the Appendices are generally those necessary to ensure the Constitution reflects current modern working practices and is up to date. The report also includes matters raised by officers of members (eg the Petition Scheme). There is also one compliance issue that is raised.

1.3 In terms of process any changes will be considered by Cabinet and will then be passed to Annual Council for final consideration. One area relates to the Treasury Management Sub Committee and it is sensible to consult the main Audit and Risk Committee. As the Audit and Risk Committee meeting is after Governance Committee a delegation to the Chair of Governance Committee is sought to make any changes following consultation that need to be made.

1.4 The Council’s Procurement Manager has reviewed the Contract Procedure Rules in consultation with Legal colleagues and they have been entirely re written. The new proposed Contract Procedure Rules are attached at Appendix 1. The main aim has been to simplify and modernise the approach to reflect current working practices with greater focus on outcomes, consistency and with resposibiility and approval aligned to skills, qualifications and experience. Much of the technical detail which needs updating regularly is now contained within a Procurement Manual which acts as an Officer’s guide.

1.5 Changes to other parts of the Constitution are contained in Appendix 2. The proposed changes to the terms of reference of the Treasury Management Sub commtiee are in Appendix 3.

1.6 A final stage to the Constitutional review will involve areas that are likely to need detailed member engagement and input to determine the detail of any changes to be proposed. The mechanism for this review also needs to be determined as well as the ongoing approach to maintaining the Constitution.

2. Conclusion

2.1 That members recommend the new Contract Procedure Rules and other changes to the Constitution set out in Appendices 1, 2 and 3 to Council, noting that these will be further considered by Cabinet.

2.2 That the Monitoring Officer in consultation with the Chair of Governance Committee has delegated authority to make any further amendments to those recommended within the Appendices for approval by Council eg should Audit and Risk Committee wish to recommend that changes are made to the terms of reference of the Treasury Management Sub Committee.

List of Appendices Appendix 1 – Contract Procedure Rules Appendix 2 – other proposed changes to the Constitution Appendix 3 – proposed changes to the terms of reference of the Treasury Management Sub-Committee Background Papers The Council’s Constitution

CONTRACT PROCEDURE RULES

PART 4.10

Version dated Feb 2020

Contents Page 4.10.1 Introduction, Scope and Principles 4.10.2 Definitions 4.10.3 Key Considerations:

a) Estimating Contract Value b) Aggregation/ Disaggregation c) Procurement Thresholds

i. External Thresholds ii. Internal Thresholds

d) Strategic / Public Interest Considerations

4.10.4 General Notes – Apply to all Procurement Processes a) eProcurement b) Procurement Documentation & Retention Thereof c) Responsible Procurement d) Terms and Conditions of Contract e) In-house Services f) Public to Public Tradingg Contract Award/ Value for Money

4.10.5 Procurement Activity

a) Contracts up to £25,000 b) Contract Value between £25,000 and £50,000 c) Contract Value above £50,000 (and any strategic procurement)

but below EU threshold d) Contract Value above EU Threshold e) Executive Decision/Key Decision

4.10.6 4.10.7

Frameworks, DPS, eAuctions a) External Agreements b) Internal Agreements c) Compliance Register d) Value Engineering & Negotiation

Contract Management a) Review and Monitoring b) Reg 84, Contracts Finder, OJEU Award Notices c) Contract Variations, Modification or Termination d) Extensions

4.10.1 Introduction, Scope and Principles These Contract Procedure Rules are made under the provisions of section 135 of the Local Government Act 1972 and govern the making of contracts for and on behalf of the Council. The purpose of these Rules is to provide clear guidance for the processes that result in the award of a contract for:

• Goods • Services • Works • Concessions • Public Sector to Public Sector Trading

These Rules look at the various methods and procurement routes the Council can employ in order to reach contract award. They are:

• Procurement Card • Quotation • Tender • External/Internal Framework Agreement • External/Internal DPS (Dynamic Purchasing System) • eAuction

The Rules are intended to promote good purchasing practice, value for money, public accountability and deter bribery and corruption. They aim to ensure:

• True and fair competition for contracts • Clear and auditable procedures • Accountable and compliant process • The Council to use its purchasing power for the benefit of the local economy, environment

and community under its jurisdiction. The provisions contained in these Rules are subject to the statutory requirements of both the European Union and United Kingdom Government. The letting and content of contracts shall conform to all statutory requirements relating to contracts and procurement.

4.10.2 Definitions

Lead Procurement Officer

Procurement Services Officer leading on the procurement process

Council Chelmsford City Council Directors Service Directors are responsible for ensuring that officers within that

directorate comply with the Contract Rules, Financial Rules and the Regulations*

Procurement Services Manager

Shall ensure that Council procurement is carried out with due diligence and in the spirit of true, fair and transparent competition, and that the Council meets its all its obligations under the Regulations* Please see Procurement Manual for specific tasks.

Local Government Transparency Code

Requirements for local government to publish open data on spend of £500 and above

Regulations* The ‘EU Procurement Rules’ comprising: • The Public Contracts Regulations 2015 (as amended) and/or Concession

Contracts Regulations 2016 (as applicable) as supplemented by EU Directives on the procurement of Goods, Works, Services and Concessions.

• The Council’s Financial Rules • Public Services (Social Value) Act 2012 • EU Exit Regulations 2019

Legal Team The Council’s internal legal team OR external counsel Service Managers Contract management responsibilities, and responsible for all service

budget spend to be made in line with these rules. Goods Supplies or materials OJEU Office Journal of the European Union Threshold The level of spend that dictates the rules or regulations that apply to a

procurement Contract Any form of contract, agreement for the supply of Goods, Works and/or,

Services that the Council enters Contractor Any person, partnership, company or any other organisation which

provides or offers Goods, Works and/or Services to the Council Dynamic Purchasing System (DPS)

A long running, completely electronic procurement tool used for commonly available works, services and goods. Qualifying contractors can join at any time and participate in mini competitions for contracts.

Framework Agreement

An agreement, with one or more contractor, that establishes the standard terms and conditions of supply over a fixed period of time with no pre-set volume information. • Internal – setup by the Council for use by us and other specified public

bodies • External – setup by another public body and accessible by the Council

LTR Light Touch Regime – relates to procurements that are generally of low interest to cross border competition e.g. social, health and education services

The Procurement Manual

This document is a Practice Note for day to day use by Council staff. The manual provides detailed guidance on procurement processes pursuant to the Public Contracts Regulations 2015, the Council’s internal rules and its responsibilities and duties therein. The Manual should be referred to for all technical aspects of a procurement and further advice can be provided by Procurement Team.

The Procurement Strategy

This document details the aims and objectives of the Council’s procurement activities including the social, environmental and economic impact of these activities.

4.10.3 Key Considerations

Before commencing any procurement using public money, officers must understand the following:

1. The contract value - this dictates which procurement routes can be used. 2. Strategic nature and public interest in the procurement -this influences which of the allowable

routes is most appropriate.

a. Estimating Contract Value The value of a contract is the total amount the Council expects to pay (or receive), net of VAT, over the length of the agreement, including any extension period or stated add-ons such as maintenance and support costs. If the contract is for an uncertain or unfixed term, the value is the amount the Council expects to pay (or receive) over four years. This could be, for example, the monthly value multiplied by 48. If the contract is broken into lots, all lots must be factored into the total. For Internal Framework Agreements / DPS, the value should be based on the level of anticipated spend from all parties with access. b. Aggregation/Disaggregation The Council is required to aggregate need whenever it is possible to do so. Aggregation groups together demand for commonly purchased goods and services to harness greater economies of scale and seek better value for money. Aggregation results in a single contract to manage as opposed to several smaller contracts. Disaggregation, an offence under the Regulations, is the reverse; dividing up similar requirements into smaller contracts to remain below the relevant procurement threshold.

c. Procurement Thresholds

i. External Thresholds

The Regulations require a full tender process to be undertaken when the value of the contract exceeds a set level. The tender has to be advertised in OJEU and follow guidelines provided in the Regulations. These thresholds are set by the EU and reviewed every two years. There is threshold for each category of spend.

Category Threshold (2018-19) Example Works £4,733,252 Constructions, repairs, maintenance

Goods / supplies £189,330 Stationery

Services £189,330 Cleaning

Concessions £4,733,252 Bailiffs, catering

Light Touch Regime £633,540 Education e.g. Apprenticeships

Land Lease & Property

Neither the procurement rules stated here, or the Procurement Regulations apply to contracts of this type

ii. Internal Thresholds

Below the EU thresholds the Council has set its own spend limits. These limits provide guidelines for the method of procurement that should be used, and the associated authority needed to undertake it. The table below provides a broad outline with further detail provided in the Procurement Manual.

Threshold Sub-threshold Notes Level of Authority Required

Up to £50,000

Up to £1,000 £1,001 to £25,000 £25,001 to £50,000

Please see the Procurement Manual for more detailed guidance

Service Manager

£50,001 to £189,330 Procurement team involvement is required Route to Market Assessment to be carried out

Senior Officer/ Service Manager and Procurement Manager

Spend over £189,330 Goods & Services

Falls under the Regulations, a full tender process is required Procurement team involvement is mandatory to ensure compliance with Regulations Route to Market Assessment to be carried out

Director and Procurement Manager

Spend over £100,000

Executive Decision may be required Procurement team involvement required Director sign off may be required for strategic purchases as determined by Procurement & Risk Services Manager

Spend over £200,000

Key Decision. Please see the relevant Constitutional practice notes

e. Strategic / Public Interest Considerations

Regardless of the contract value, Service Managers must consider the likely impact of the procurement on internal and external stakeholders. If the proposed activity is of a contentious nature, (perceived or actual) high risk, or relating to matters that affect public sensitivities, then advice should be taken from Procurement Team.

4.10.4 General Notes – Apply to all Procurement Procedures

a. eProcurement

eProcurement is a requirement under the Regulations; all communication with potential contractors must be in electronic format. eProcurement provides a comprehensive and complete audit trail, enabling the Council to meet its accountability and compliance obligations.

Officers must remain mindful of commercial confidentiality and Data Protection legislation in all dealings with suppliers and external bodies.

b. Procurement Documentation & Retention Thereof

The Procurement Team will work with Services to produce ITTs (Invitations to Tender) and RFPs (Requests for Proposals) for procurements above the EU threshold and of strategic importance.

OJEU procedures require a specific set of documents to be published as part of the tender pack.

The Legal Services Team will provide appropriate support and guidance as and when required in conjunction with Procurement Team.

Detailed document requirements are provided in the Procurement Manual and are in line with the Council’s Document Retention Policy.

c. Responsible Procurement

The Council is required to consider how a procurement project might improve the economic, social and environmental wellbeing across its area.

These outcomes are fully defined in the Procurement Strategy; please consult the Procurement Team for more information.

Procurements that may result in pollution, waste management issues, high energy use or have any other notable environmental impact should have relevant mitigating requirements built into the specification. Evaluation and scoring schemes should contain criteria that enable Council staff to fully consider and score these elements in each submission.

d. Terms and Conditions of Contract

The Regulations must be adhered to when undertaking a procurement above the OJEU threshold.

All agreements must be in written English, price must be stated in British currency and subject to the jurisdiction of English Law.

British standards must be used where they are applicable to the subject of a contract.

Where the Procurement Team has undertaken a process on behalf of a Service Manager, the Lead Procurement Officer will take responsibility for instructing the Legal Team to prepare or approve the

terms and conditions of a contract if required. This applies whether the contract: was created by the Council; is based on the supplier’s terms and conditions; or forms the basis of a call off agreement.

e. In-house Services

Where the Council has an in-house service, external companies must not be used for these services unless the Service Manager responsible for the in-house service confirms specifically that they are unable to meet the requirements on that occasion.

f. Public to Public Trading

If the Service Manager is considering entering into a contract with another public body, early advice must be sought from the Procurement Team. It should not be assumed that arrangements entered between the Council and other public bodies are outside the scope of the Regulations.

g. Contract Award / Value for Money

The Council operates under the ‘Duty of Best Value’ which requires overall value, including economic, environmental and social value, to be considered when reviewing any service provision.

Social Value is a statutory duty of the Council for services over the OJEU threshold, however, these principles should be applied to all the Council’s procurement activity. Social value considerations should be built in at the pre-procurement stage; consulting with local third sector representatives as and when deemed appropriate.

The Regulations require the Council to award public contracts on the basis of MEAT (Most Economically Advantageous Tender). This is not ‘cheapest wins’ but looks at cost alongside qualitative, environmental and social criteria. The balance of award criteria will be considered, on this basis, on a procurement by procurement basis.

Due Diligence checks are undertaken to review performance, reputation and financial stability of prospective suppliers, and can be part of the award criteria or used as a pass/fail criterion.

4.10.5 Procurement Activity

a. Contracts up to £25,000

The Service Manager is responsible for these procurements, but may access Procurement Team support as required. Quotations, frameworks and DPS are all possible procurement options.

If the procurement is strategic in nature, high risk, impacts on other services or has wider implications across the Council and/or the provision of its services, apply the guidance under section c.

b. Contract Value of between £25,000 - £50,000

If the procurement is for non-critical, non-strategic goods, services or works the minimum requirement is for three quotations known as Request For Quotations (RFQs)

Frameworks, DPS can be used.

If the procurement is strategic in nature, high risk, impacts on other services or has wider implications across the Council and/or its service provision, apply the guidance under section C below.

c. Contract Value above £50,000 (and any strategic procurement) but below EU threshold

Prior to undertaking any type of procurement exercise, the service must engage with the Procurement Team to seek advice on the best and most appropriate process to meet the identified need. This will result in a Route to Market Assessment being prepared.

For strategic level contracts a Business Case may also be required. This could involve all, or some, of the following actions/plans:

1. Needs assessment 2. Route to market assessment 3. Plan for stakeholder engagement 4. Market assessment 5. Risk assessment 6. Financial implications assessment 7. Social value assessment 8. Environmental and Ecological Impact assessment

The Business Case must be signed off by the Service Manager and Procurement Services Manager

The Procurement Manual provides detailed guidance regarding these topics as well as proforma documents.

Framework and DPS options will be investigated as part of the Route to Market Assessment.

If the expected contract value is below the EU threshold by 10% or less please speak to the Procurement Team before taking any further action.

d. Contract Value above EU Threshold

A full OJEU tender process is required. This process must only be undertaken with the full involvement of the Procurement Team.

Please be aware that a full OJEU process takes around 12 weeks to complete. Please ensure you advise the Procurement Team of your plans in a timely manner to enable a schedule to be put in place.

Framework and DPS options will be investigated as part of the Route to Market Assessment which will require approval by the Procurement Services Manager and Management Team.

e. Executive Decision / Key Decision

An Executive Decision is taken by the Leader, the Cabinet or delegated to a committee of the Cabinet, a Cabinet member or an officer, and is publicly notifiable 28 days prior to being taken. A key decision has expenditure of above £200k or 20% or more of relevant expenditure. Full details see Part 2 Articles of the Constitution. Please refer to the Council’s Monitoring Officer for how this may impact on your procurement.

4.10.6 Frameworks, DPS, eAuctions

a. External Agreements

The Council is eligible to use a wide range of Frameworks and DPS created by other public sector bodies. The Procurement Lead must ensure that the Council is lawfully able to use the Framework or DPS; the Procurement Team can provide advice and assistance on use. They must also establish that there is a clear benefit to the Council of using a Framework or DPS over other procurement options.

For procurements exceeding £100k or those of a particularly strategic nature, a Route to Market Assessment must be undertaken.

The Framework or DPS rules must be adhered to at all times.

Where the use of a Framework/DPS is subject to signing an Access Agreement, this document should be authorised by the Procurement Services Manager.

The Procurement Team must be advised of any contracts entered into via a Framework Agreement, regardless of value.

b. Internal Agreements

The Council can create its own Framework, DPS or eAuction, using its eProcurement software where it is in the Council’s best interests to do so.

Use of the Framework/DPS will be mandatory across the Council for all goods, services and works that have been included in the scope of the arrangements.

Should the supply be of a significantly higher than normal value, the Procurement Manager should be consulted to establish if new rates should be sought, or an alternative procurement method used.

Frameworks can only be created with the agreement of the Procurement Manager.

c. Compliance Register

A compliance register entry can be used in some specific circumstances to waive the requirements of the Contract Procedure Rules. Full details of the specific circumstances are set out in the Procurement Manual. The compliance register waiver cannot be used for Procurements above the EU Thresholds.

d. Value Engineering & Negotiation

The Public Contract Regulations 2015 (PCRs) allow, in some circumstances, a tender process to be switched to a negotiated procedure. Please see the Procurement Manual for detail of a negotiated procedure. This can only be used where the nature of the original competition is not substantially altered and does not artificially restrict competition.

4.10.7 Contracts

a. Review and Monitoring

During contract preparation the Service Manager should appoint a Contract Manager (who may be mentioned in the contract itself) to monitor the Supplier’s performance.

Further guidance regarding the management of contracts is covered in the Procurement Manual.

Details of the contract shall be stored centrally. The Procurement Team will maintain this information for key contracts

b. Reg 84, Contracts Finder, OJEU Award Notices

The Procurement Team will produce and publish information regarding contract award on all platforms required by the Regulations. In addition, the team will provide a post procurement report, if required by the Regulations or, by the service if not required by the regulations or if high risk procurement.

c. Contract Variation, Modification or Termination

During the term of a contract modifications may be proposed, which, if adopted, would result in additional works, goods or services. There are significant limitations upon the Council’s ability to make such modifications, especially when the Regulations apply. There are tolerances allowed within contract variations under Reg 72.

Before discussing any variation or modification with the Supplier, the Service Manager must seek advice from the Procurement and Legal Teams.

d. Extensions

If an extension period is clearly stated in the contract, the option is available to extend. Before exercising a contractual right to extend the Service/Contract Manager must consider whether it is in the best interests of the Council to continue with the contract by examining performance to date and any changes in cost both under the terms of the contract and also in the wider market. variations.

Any extension will require the agreement of both parties. Please contact the Procurement Services Manager for further advice.

Governance Committee 11/3/20 – Appendix 2

Proposed Changes to Constitution

Any references numbers below are those contained with the Constitution. Yellow highlights show the proposed additions to the constitution. Deletions are references as needed below.

1. Council’s Petition scheme

This item has been raised by Members for proposed change. The items suggested are designed to make it easier for existing e petition mechanisms to be utilised by persons signing a petition having to only provide a postcode (rather than full postal address) and further enabling communication with a petition organiser via email.

Proposed Changes

4.3.2.3 – the name and postal address or email address of the petition organiser. This is the person we will contact to explain how we will respond to the petition …

4.3.2.4 – the name, signature and Chelmsford address or postcode of each person who signed the petition.

4.3.2.6 – second bullet change to the name and address or postcode of any person supporting the petition….

4.3.5.3 – c) the entries contain incomplete or invalid information such as no postal address or postcode

Template petition sheet

Second box – Address or postcode (this must be in Chelmsford City Council area)

Fourth box – Live/work/study address or postcode (please indicate which)

Guide – para 1.4 “should provide an address or postcode that shows that they live, work or study in Chelmsford”

2. Cover for sealing documents

2.15.6 – Documents are currently signed by the Mayor or Deputy Mayor and Legal & Democratic Services Manager or Chief Executive. To add further resilience it is suggested that the Chair of Governance Committee and the Director of Connected Chelmsford are added to the provisions.

3. Paper copies of Constitution

2.16.9 – the Council currently says it will publish the constitution on our website and make available paper copies for inspection – it is suggested that this is changed to “ the Council will make appropriate arrangements for relevant parts of the constitution to be viewed “

4. Infrastructure Fund

3.4.3.28 -30 – delete as there is no longer an infrastructure fund in existence

5. Call in Arrangements

Call in exists to enable non-Executive members to scrutinise Executive decisions. As the Council will ultimately take a decision on a matter the subject of a recommendation from the Cabinet, the opportunity for non-Executive members to scrutinise the decision/recommendation exists at that point.

Amend Rule 4.5.11.1 by adding at the end of that Rule:

An executive decision that constitutes a recommendation to the Council shall not be subject to call in.

6. Property matters - delegation

Slight clarification to the delegation so that it reads as follows

3.4.3.26 change to “negotiate and agree (taking valuation advice where appropriate) terms for all disposals or acquisitions (including for example but not limited to leases, sales, easements) of land or buildings, after consultation with the Cabinet Member for Fairer Chelmsford, up to a value of £200,000.”

7. Human Resources related

Governance Committee – Terms of reference

3.2.3 ( c ) Governance Committee number 9 – approve remuneration packages over £100K – move without change to Employment Committee

Officer scheme of delegation

3.4.3.38 ( c ) – this currently requires member consultation for staff (not statutory officers or Directors) in relation to redundancy/early retirement payments over £35K. It is suggested that this should be deleted. Officers will consult with the relevant Cabinet Member as necessary.

8. Licensing Committee – terms of reference

The Licensing Act 2003 (Section 6) provides that a licensing committee should be between 10-15 members. It is suggested that membership of the Regulatory and Licensing Committee is therefore reduced to the maximum 15 members.

9. Broadening Legal & Democratic Services Manager delegation to cover possible legal actions and disputes

There is a broad delegation enabling various types of legal action and negotiations to be authorised. Whilst implied that preventing such action and authorising at an earlier stage would equally be covered it is sensible to make this clearer. Hence a slightly broader definition is suggested

Proposed changes

2.15.3 Article 15 legal proceedings – add in after legal proceedings – “including prospective proceedings or potential disputes”

3.4.5.3 LDSM delegation add after legal proceedings “(including prospective proceedings, potential disputes” and criminal proceedings)

10. Changes to Terms of Reference for the Treasury Management Sub Committee

The constitution has not kept pace with longstanding practice at Chelmsford. The proposed changes to terms of reference with tracked changes are at Appendix 3 to this report. There is also a proposal to broaden the remit of the sub-committee to include investments eg property purchases.

11. Cabinet Members and Cabinet Deputies

Changes below are recommended to reflect current practice in relation to the appointment of Cabinet Members and Cabinet Deputies. It is recognised that additional changes are needed to develop further protocols and procedures to reflect current practice. These will need further consultation with members.

Proposed changes

Article 7, para 2.7.3 be amended to read:

Form and Composition of the Cabinet

The Cabinet will comprise the Leader and at least two, but not more than nine, councillors appointed by the Leader as full Cabinet Members. The Leader may also appoint Cabinet Deputies, who will not have voting rights but may attend Cabinet meetings and speak on behalf of the Cabinet Members for whom they act as Deputies. The appointment of Cabinet Members and Cabinet Deputies or any changes to them will be reported to the Annual Meeting of the Council or the next ordinary meeting of the Council.

The definition of a Cabinet Deputy to be inserted as a separate paragraph immediately after 2.7.3

Definition of Cabinet Deputy

To work with the relevant Cabinet member, have an overview of the entire Portfolio and assist in service development in particular areas of responsibility within the portfolio. This includes detailed investigation and consideration of particular service areas, to be translated into proposals for formal decision as required by the relevant Cabinet Member.

Amend para 2.7.11 to read:

Non-Cabinet Councillors

Each political group not represented on the Cabinet shall be entitled to nominate persons to speak on specific Cabinet functions, including those with the responsibility of Cabinet Deputies, at meetings of the Cabinet.

Further changes are also suggested

• delete paras 2.7.7 & 4.1.1.9

• Article 6, para 2.6.5, can be amended by deleting “the end of the term of office of the Leader, or”.

12. Planning/regulatory related

a) to enable matters to be referred by Director to the Planning Committee add in after Director in para 3.2.3 “ or which they decide to refer to Committee for decision”

b) 3.4.8.14 – delete requirement for Legal and Democratic Services Manager consultation before action is taken so that planning consult as necessary and not for routine matters. Similar requirements were also contained in relation to delegations in 3.4.3.31, 3.4.5.4, 3.4.5.6, 3.4.6.47, 3.4.6.48 & 3.4.7.1 – it is suggested that these and any other operational consultation requirements within the Constitution are removed.

c) Add at the end of para 5.2.7.1 of the Planning Code of Good Practice:

At the next meeting the Committee will take no further comments or questions on the application from the public, ward councillors or other consultees.

d) Add at the end of para 4.2.13.1 of the Cabinet and Committee Rules:

Exception: Where the Planning Committee is considering again an application that it has previously deferred, no further questions or statements from the public will be taken.

e) At the end of Part 4.2 Cabinet and Committee Rules add as a new rule 4.2.25.5:

A member of the Planning Committee who addresses the Committee on an application as a ward councillor shall leave the meeting while the Committee discusses and determines the application.

f) Amend delegation 3.4.8.11. (a) to read

Prior consultation with the appropriate Cabinet member in respect of:

(a) Responses to consultation by government and other authorities on planning policies and documents, and

Treasury Management and Investment Sub-Committee Membership: Five Members; two Members of Cabinet (or deputies), to include the Cabinet Member with responsibility for financial matters, and threeThree Members of the Audit and Risk Committee. The Cabinet Member with responsibility for financial matters to act as Chair. Quorum TWOTHREE

Substitutes YES Only Members of the Cabinet (or deputies) can substitute for the two Cabinet Members Only members of the Audit and Risk Committee can substitute for the remaining three Members

Politically Balanced YES

Frequency of meetings THREEFOUR PER YEAR

FFunctions/Purpose Delegations

1. To comment on the draft Treasury Management and Investment Strategiesy and make recommendations to Cabinet on those Strategies. that Strategy. 2. To receive reports on Treasury Management and Investment activities and performance three times per yearon a quarterly basis. 3. To report to the Audit and Risk Committee on any breaches of Treasury Management Strategy, Investment Strategy or Treasury Management Procedures. 4. On occasion of urgent matters to agree changes to the Treasury Management or Investment Strategy without reference to Full Council. 5. In the light of performance and market conditions recommend changes to either Sstrategy going forward. 6. The sub-committee is not intended to be a consultee to individual investment decisions.

N/A

Procedures Part 4.2 – Cabinet and Committee Procedure Rules Part 4.9 – Financial Rules

Codes

Part 5.1 – Code of Conduct for Councillors

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