Decision details

Updates to the Constitution

Decision Maker: Director of Law and Governance

Decision status: Recommendations Approved

Is Key decision?: No

Purpose:

This is a decision to make changes, to correct minor errors and resolve inconsistencies, to the Constitution.

Decision:

Heloise MacAndrew, Director of Law and Governance, took a decision to make the following changes to the Council's Constitution with effect from 1 April 2024, to correct errors and resolve inconsistences:

 

i)  For clarification to amend references to the "Executive Leader" to "Leader" where it refers to the arrangements in Lancashire. The term "Executive Leader" remains where it refers to the statutory role.

 

ii)  For accuracy to amend references from electoral "wards" to electoral "divisions".

 

iii)  For accuracy to remove from the list of Proper Officers, under the Local Government Act 1972: "The officer responsible for certifying or obtaining a certificate of 'Best Consideration' on the disposal of land and property."

 

iv)  For accuracy to remove from the list of Proper Officers, under the Control of Pollution (Amendment) Act 1989: "The authorised officer to seize a vehicle or its contents in relation to the performance functions under the Act" As this is a district function.

 

v)  For accuracy to update, in the list of Proper Officers, the legislative references and officer responsibilities relating to the Regulation of Investigatory Powers.

 

vi)  For accuracy to amend, in the list of Proper Officers, the officer responsible for functions under the Registration Service Act 1953 and Regulations 1968-1994 to be the Libraries, Culture and Registration Services Manager.

 

vii)  Due to a duplication, to remove from the Scheme of Delegation to Officers table of responsibilities (section 9.52) the matter reserved to the Director of Law and Governance: "Affixing and attesting of the common seal."

 

viii)   In order to provide clarification, to add to the Procurement Rules paragraph 12.6.3 that, notwithstanding the provisions of 12.5, any contract that meets the following criteria must be made under seal: "Any agreement with a value in excess of the Key Decision threshold unless the requirement is waived (as agreed by Legal Services and recorded in the Scheme of Delegation database)."

 

ix)  To amend some references to the Standing Orders throughout Section 10 so that cross-references are correct.

 

Divisions Affected: N/A;

Contact: Hannah Race Email: Hannah.Race@lancashire.gov.uk.

Date of decision: 01/04/2024

Accompanying Documents: