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, to correct errors and resolve inconsistencies:

 

i)  For clarification, to amend paragraph a) of section 9.41 (Scheme of Delegation to Officers) as follows:

 

"Officers set out in the Scheme are expected to ensure that the relevant councillors, including portfolio holders (Cabinet Members), Committee Chairs and local councillors are informed and consulted when exercising any delegations, whether general delegations set out in this Scheme or project specific or temporary delegations given by the Cabinet, Council or a Committee, as appropriate."

 

ii)  For clarification, to amend section 9.42 (Scheme of Delegation to Officers) as follows:

 

Officer Consultation

 

a)  Officers are required to ensure that they seek and consider advice of relevant officers, including (but not limited to) Legal, Finance and Commerce, People, Digital, and Estates, in advance of any decision under this scheme being taken.

 

b)  Officers are required to ensure that the instruction of the Chief Executive (Head of Paid Service), Executive Director of Resources (Chief Financial Officer) and the Director of the Law and Governance (Monitoring Officer), or their representatives, is sought and followed in advance of any decision under this scheme being taken.

 

iii)  For accuracy, to amend section 9.51 (Scheme of Delegation to Officers) to reflect the Council's up-to-date management structure, as set out at Appendix 'A'.

 

iv)  For clarification, to amend paragraph 7 of section 9.52 (Scheme of Delegation to Officers) as follows:

 

Reserved to the Executive Director of Resources:

 

To provide any indemnity on behalf of the Council (in consultation with the Director of Law and Governance).

 

(For the avoidance of doubt, indemnities which are incorporated into any of the Council's standard terms and conditions, or equivalent indemnities incorporated into a third-party agreement which have been subject to Legal review, do not require authorisation from the EDoR.)

 

v)  For accuracy, to amend the Proper Officer to be Chief Inspector of Weights and Measures, under the Weights and Measure Act 1985, to Head of Trading Standards and Scientific Services.

 

vi)  For accuracy and in line with the Chartered Institute of Public Accountancy and Finance's guidance, to amend all references to the "Chief Finance to Officer" to the "Chief Financial Officer".

Divisions Affected: N/A;

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

Date of decision: 13/05/2024

Accompanying Documents: