86 Amendment to the Constitution re Decision Making in Election Year
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Report of the Head of Legal Services
Additional documents:
Decision:
The Head of Legal Services’ representative introduced this item which had been deferred by General Purposes Committee on 2 March for further consideration by Groups and by Licensing Committee on 14 March, following receipt of Counsel’s opinion. The report asked members to recommend to full Council changes to clarify the term of office of the Leader and Executive members and to make adequate provision for emergency procedures in election year.
Members of General Purposes agreed a few minor amendments to the wording of the changes to the Constitution which did not change the meaning of the drafts already circulated with the report but simply made them more ‘watertight’. The Legal Services representative would make these small amendments to the Appendices being referred up to full Council on 20 March 2006.
Finally, members noted that political proportionality did not affect Licensing as this was not applied in the Legislation of the 2003 Act.
RECOMMENDED
1) That full Council adopt the changes to the term of office of the Leader and Executive members, as set out in Appendix 2 of this report and with the additions proposed by the Deputy-Chair, to have effect as amendments to Part H.1 of the Council’s Constitution.
2) That full Council adopt the changes to the “Emergency Procedures in Election Year”, including the delegated powers to the Chief Executive, set out in Appendix 3 to the report, to have effect as amendments to Part E.7 of the Council’s Constitution.
3) That full Council adopt the changes to the Terms of Reference of the Licensing Committee, as set out in Appendix 4 to the report with the further changes agreed by Members and noted below, to have effect as amendments to Part E7 of the Council’s Constitution.
4) That full Council confirm the current appointments of members of the Licensing Committee to extend to the Annual Meeting of the Council on 22 May 2006 subject to the following conditions.
· The individual members being re-elected as councillors,
· The Licensing Committee only having power to act for the purpose of determining contested matters that the Licensing Authority is required to decide before the newly appointed licensing bodies are able to meet.
· Those Licensing Committee members who are re-elected as Councillors would meet to hold any hearings needed and to elect a Chair for that meeting only and that the amended terms of reference of the Committee include these points.
Minutes:
The Head of Legal Services’ representative introduced this item which had been deferred by General Purposes Committee on 2 March for further consideration by Groups and by Licensing Committee on 14 March, following receipt of Counsel’s opinion. The report asked members to recommend to full Council changes to clarify the term of office of the Leader and Executive members and to make adequate provision for emergency procedures in election year.
Members of General Purposes agreed a few minor amendments to the wording of the changes to the Constitution which did not change the meaning of the drafts already circulated with the report but simply made them more ‘watertight’. The Legal Services representative would make these small amendments to the Appendices being referred up to full Council on 20 March 2006.
Finally, members noted that political proportionality did not affect Licensing as this was not applied in the Legislation of the 2003 Act.
RECOMMENDED
1) That full Council adopt the changes to the term of office of the Leader and Executive members, as set out in Appendix 2 of this report and with the additions proposed by the Deputy-Chair, to have effect as amendments to Part H.1 of the Council’s Constitution.
2) That full Council adopt the changes to the “Emergency Procedures in Election Year”, including the delegated powers to the Chief Executive, set out in Appendix 3 to the report, to have effect as amendments to Part E.7 of the Council’s Constitution.
3) That full Council adopt the changes to the Terms of Reference of the Licensing Committee, as set out in Appendix 4 to the report with the further changes agreed by Members and noted below, to have effect as amendments to Part E7 of the Council’s Constitution.
4) That full Council confirm the current appointments of members of the Licensing Committee to extend to the Annual Meeting of the Council on 22 May 2006 subject to the following conditions.
· The individual members being re-elected as councillors,
· The Licensing Committee only having power to act for the purpose of determining contested matters that the Licensing Authority is required to decide before the newly appointed licensing bodies are able to meet.
· Those Licensing Committee members who are re-elected as Councillors would meet to hold any hearings needed and to elect a Chair for that meeting only and that the amended terms of reference of the Committee include these points.