Decision details

 

This is a decision to make minor changes to the council's Constitution, to correct an error or resolve an inconsistency.

 

Procurement Rules – Section 8.1

 

Section 8 of the Procurement Rules sets out the requirements for different categories and values of procurement activity.

 

The table at section 8.1 includes an asterisk next to the table heading "Threshold 3". This is a typing error and therefore the asterisk should be deleted.

 

The first asterisk (*) under section 8.1 includes reference to paragraph 6.6. This is a numbering error and should refer to section 8.8 instead.

 

To correct these errors, section 8.1 of the Procurement Rules will be amended to remove the asterisk from "Threshold 3" and to change the reference from "para 6.6" to "section 8.8".

 

 

Procurement Rules – Section 7.12

 

Section 7 of the Procurement Rules sets out the requirements for the use of different procurement actions.

 

Currently, section 7.12.5 sets out that no new Dynamic Purchasing System (DPS) contracts can be set up and that, with the exception of DPSs procured for services under the Light Touch regime, any remaining call-off contracts let under a DPS will automatically expire on 23 February 2029. However, this expiry date does not align withthe government's guidance on transitional and saving arrangements, which was published in November 2024.

 

To correct this error and ensure compliance with government guidance, section 7.12.5 of the Procurement Rules will be amended as follows:

 

7.12.5 No process to establish new Dynamic Purchasing Systems shall commence on or after 24 February 2025. Existing Dynamic Purchasing Systems shall expire on their stated expiry date or 23 February 2029, whichever is earlier. Any contract awarded under an existing Dynamic Purchasing System will continue until that contract comes to an end and will be managed under the Public Contracts Regulations 2015, even if the Dynamic Purchasing System has terminated prior to that point. Dynamic Purchasing Systems procured for Services under the Light Touch regime are not subject to the automatic expiry date stated above.

 

Accordingly, section 7.12.4 will also be amended to remove its reference to section 7.12.5, which is no longer necessary.

 

 

Procurement Rules – Section 13.4

 

Section 13 of the Procurement Rules sets out the required activity to ensure the council's compliance with the Rules and procurement legislation.

 

In accordance with section 13.4, Directors are required to prepare a report on any circumstances in which a compliant route cannot be identified. It is implied that this report must be shared with the Head of Internal Audit and the Monitoring Officer but not stated explicitly.

 

To clarify this point, section 13.4 will be amended as follows:

 

13.4 Identifying a compliant route for the activity is considered the priority. In the rare occasions that a compliant route cannot be identified the Director must inform the Head of Internal Audit and the Monitoring Officer. The Director must draft a report on the non-compliance, and the steps taken to minimise risk and prevent reoccurrence, which will be provided to the Head of Internal Audit and the Monitoring Officer. The Cabinet Members responsible for both Procurement and the relevant service area must be consulted on this report.

 

 

Full Council Procedural Standing Orders – Section 40

 

Section 40 of the Full Council procedural standing orders relate to amendments to motions.

 

Section 40.1 provides that a councillor may move one amendment per motion. Reference to "motions" here and throughout section 40 includes notices of motion as well as the recommendations included in a report to the meeting, which become the motion once the report has been moved and seconded.

 

To clarify this point, section 40.1 will be amended as follows:

 

40.1 A councillor may move one amendment per motion. For the avoidance of doubt, 'motion' includes the recommendations set out in a report once they have been moved and seconded.

 

Section 40.4 sets out that the Chair, following consultation with the Monitoring Officer, may reject an amendment to a motion in accordance with certain criteria. To ensure consistency with the other Full Council procedural standing orders and because the Chief Executive provides advice to the Chair throughout Full Council meetings, this section should refer to the Chief Executive rather than the Monitoring Officer.

 

To correct this error, section 40.4 will be amended as follows:

 

40.4 The Chair, following consultation with the Chief Executive, may reject an amendment on any of the grounds set out in Standing Order 34.

 

 

Employment Committee Terms of Reference – Section A

 

Section A of the Employment Committee's Terms of Reference sets out the committee's powers and responsibilities in relation to the appointment and dismissal of senior and statutory officers.

 

Paragraph g) provides that the committee shall exercise all necessary functions required by the NJC Conditions of Services, including determining any issues or discretions in relation to those conditions.

 

It is implied that this includes significant changes to the terms of employment of senior officers, for example secondment agreements or additional statutory responsibilities. However, it is not explicitly stated.

 

To clarify this point, a new paragraph h) will be added to the committee's Terms of Reference as follows:

 

h) The Committee shall be responsible for approving any significant changes to the employment arrangements and conditions of Senior Officers and other statutory officers listed at paragraph (b). "Significant changes" refers to any contractual changes that require formal consultation with the employee.

 

The subsequent paragraph numbers and references will be updated accordingly.

 

 

Pension Fund Committee Terms of Reference

 

Appendix A to the Pension Fund Committee's Terms of Reference sets out the matters reserved to the committee under the Local Pensions Partnership Ltd Shareholder Agreement.

 

Paragraphs e) and f) repeat a provision which is already set out at paragraph o), as follows:

 

e) Information to shareholders - LPP unaudited accounts within 30 days of financial year end.

 

f) Annual Report - LPP Signed annual accounts, within 6 months of financial year end.

 

[…]

 

o) Receive the annual accounts of JVCo.

 

To remove this duplication, paragraphs e) and f) will be removed from Appendix A to the committee's Terms of Reference.

 

The subsequent paragraph numbers and references will be updated accordingly.

 

 

Proper Officers – Section 9.33

 

Section 9.33 of the Constitution sets out the list of Proper Officer appointments. Proper Officers are appointed to carry out certain functions required by law.

 

Due to changes in the council's officer management structure, the list of Proper Officers needs updating as follows:

 

Counter Terrorism and Security Act 2015 – the Proper Officer will be amended from the Director of Strategy and Performance to the Director of Public Health, Wellbeing and Communities.

 

Localism Act 2011 – the Proper Officer under Schedule 2, Part 1, paragraph 9FB (designation as Scrutiny Officer) will be amended from the Democratic and Member Services Manager to the Head of Democratic Services.

 

 

Heloise MacAndrew, Director of Law and Governance took a decision:

 

1.  For accuracy, to amend section 8.1 of the Procurement Rules by removing the asterisk from "Threshold 3".

 

2.  For accuracy, to amend section 7.12.5 of the Procurement Rules as follows:

 

7.12.5 No process to establish new Dynamic Purchasing Systems shall commence on or after 24 February 2025. Existing Dynamic Purchasing Systems shall expire on their stated expiry date or 23 February 2029, whichever is earlier. Any contract awarded under an existing Dynamic Purchasing System will continue until that contract comes to an end and will be managed under the Public Contracts Regulations 2015, even if the Dynamic Purchasing System has terminated prior to that point. Dynamic Purchasing Systems procured for Services under the Light Touch regime are not subject to the automatic expiry date stated above.

 

And accordingly, to remove the reference to 7.12.5 in section 7.12.4.

 

3.  For accuracy, to amend section 8.8 of the Procurement Rules by replacing the reference from "para 6.6" to "section 8.8".

 

4.  For clarification, to amend section 13.4 of the Procurement Rules as follows:

 

13.4 Identifying a compliant route for the activity is considered the priority. In the rare occasions that a compliant route cannot be identified the Director must inform the Head of Internal Audit and the Monitoring Officer. The Director must draft a report on the non-compliance, and the steps taken to minimise risk and prevent reoccurrence, which will be provided to the Head of Internal Audit and the Monitoring Officer. The Cabinet Members responsible for both Procurement and the relevant service area must be consulted on this report.

 

5.  For clarification, to amend section 40.1 of the Full Council Procedural Standing Orders as follows:

 

40.1 A councillor may move one amendment per motion. For the avoidance of doubt, 'motion' includes the recommendations set out in a report once they have been moved and seconded.

 

6.  For accuracy, to amend section 40.4 of the Full Council Procedural Standing Orders as follows:

 

40.4 The Chair, following consultation with the Chief Executive, may reject an amendment on any of the grounds set out in Standing Order 34.

 

7.  For clarification, to amend Section A of the Employment Committee Terms of Reference by adding a new paragraph (h) as follows:

 

(h) The Committee shall be responsible for approving any significant changes to the employment arrangements and conditions of Senior Officers and other statutory officers listed at paragraph (b). "Significant changes" refers to any contractual changes that require formal consultation with the employee.

 

8.  For clarification, to amend Appendix A of the Pension Fund Committee's Terms of Reference by removing paragraphs e) and f).

 

9.  For accuracy, to amend section 9.33 (the list of Proper Officer appointments) as follows:

 

Counter Terrorism and Security Act 2015 – Director of Public Health, Wellbeing and Communities

 

Localism Act 2011 – Schedule 2, Part 1, paragraph 9FB (designation as Scrutiny Officer) – Head of Democratic Services