Introduction
Chapter 3: Suspending, Interpreting and Amending the Constitution and Changes to Executive Arrangements
Section 3.1: Suspension of the Constitution
Limit to Suspension.The Rules specified below may be suspended by bodies indicated to the extent permitted within those Rules and the law.
Procedure to Suspend.A motion to suspend any Rules will not be moved without notice unless at least half (½) of the voting members of the meeting in question are present. The extent and duration of suspension will be proportionate to the result to be achieved, taking account of the purposes of the Constitution.
Rules Capable of Suspension.The following Rules may be suspended unless this overrides any statutory requirements:
Council Procedure Rules (Council as well as Cabinet and all other Committees and Sub-committees to which Rule 23 of the Council Procedure Rules applies)
Budget and Policy Framework Procedure Rules (Council)
Overview and Scrutiny Procedure Rules (Overview and Scrutiny Committee)
Any Committee / Body Procedure Rules listed in [ ].
Section 3.2: Interpretation
The ruling of the Speaker of the Council as to the construction or application of this Constitution or as to any proceedings of the Council shall not be challenged at any meeting of the Council. Such interpretations will have regard to the purposes of this Constitution as contained in Section 1.
Section 3.3: Publication
The Monitoring Officer will ensure (1) that the Constitution is published on the Council’s website and that copies are available for inspection at the Town Hall; and (2) can be purchased by members of the local press and the public on payment of a reasonable fee.
The Monitoring Officer will ensure the Constitution is available to all Members and citizens and is updated as necessary.
For the avoidance of doubt, where authority to make changes to any part of the constitution has been delegated to the Monitoring Officer, or any other officer and the change is not reported to the General Purposes Committee or Council, the change will be published direct to the website via the officer decision portal.
Section 3.4: Reviews of the Constitution
The Officer scheme of delegation sets out the Monitoring Officer’s responsibility for reviewing and maintaining an up to date Constitution.
Section 3.5: Changes to the Constitution
The Monitoring Officer can approve all non-material changes to the Constitution including those that reflect decisions taken by the Council or changes in legislation or to correct matters of fact;
The Monitoring Officer can recommend to Council or General Purposes Committee for approval any material changes to the Constitution with the exception of the Executive Scheme of Delegation (Section xxx) which will be amended by the Monitoring Officer should the Mayor amend his Executive Scheme of Delegation.
The introduction to the Supplementary Documents Pack sets out the delegated authority to amend each Section within that Pack. Unless indicated otherwise, the Monitoring Officer has delegated authority to amend those documents in consultation with the Chief Executive.
All Sections of the Constitution remain in place unless explicitly revised or removed.
Section 3.6: Change of Executive Arrangements
The Council must take reasonable steps to consult with local electors and other interested persons in the area when drawing up proposals for a change to its executive arrangements.