Council Constitution Part 1 – Articles of the Constitution

Powers of the Council

1.1 This document is the Constitution of the Wealden District Council. The Council will exercise all its powers and duties in accordance with the law and this Constitution.

Review

1.2 The Monitoring Officer will monitor and review the operation of the Constitution to ensure that the aims and principles of the Constitution are given full effect.

1.3 The Audit and Governance Committee, upon the recommendation of the Monitoring Officer or upon the request of any three Councillors, may, having regard to any legal advice or assessment of the associated resource implications, initiate a review of the Constitution and set the parameters of such a review.

1.4 The results of any review of the Constitution will be reported to the Audit and Governance Committee for making recommendations to Full Council.

Changes to the Constitution

1.5 Save as set out in this section of Article 1, changes to the Constitution will only be approved by the Full Council.

1.6 The Monitoring Officer may make minor amendments to the Constitution if in their opinion the change is:

• Formatting or typographical corrections
• Necessary to remove inconsistency or ambiguity
• Required to put into effect any decision of the Council
• Required to ensure conformity with the law.
• Required to put into effect any decision of the Council/ Leader and/or the Head of Paid Service exercising their powers in accordance with this Constitution.

1.7 Minor amendments made by the Monitoring Officer will be notified to all Members at the time the change is made and reported to the next meeting of Full Council.

1.8 The Monitoring Officer may append or supplement the documents which form part of the Appendices to this Constitution with such explanatory guidance as is in their opinion necessary or desirable. For the avoidance of doubt, such guidance shall not take precedence over the authoritative text of the Constitution.

Suspension of the Constitution

1.9 The Articles of the Constitution may not be suspended.

1.10Rules of Procedure as contained within the respective body’s terms of reference at Part 2 of this Constitution may be suspended by the relevant body subject to approval of a motion at a meeting of that body at which at least half of the whole number of Members is present.

Publication

1.11 The Constitution will be published publicly via the Council’s website.

1.12A copy will be available for inspection free of charge on request at the Council Offices. Printed copies of the constitution can be purchased for an at-cost fee [in accordance with the [Fees and Charges Book].

Office of Councillor

2.1 The Council will comprise of 45 Councillors representing a scheme of wards as provided for by law.

2.2 All Councillors will be subject to election on the first Thursday in May every four years, (the last one being in 2023), or as provided for by law.

2.3 Each Councillor will be eligible for and will serve a term of office in accordance with the term provided for by law.

Functions of Councillors

2.4 All Councillors will:

• collectively be the ultimate policy-makers and set the Council’s budget;
• be leaders in the community;
• contribute to the good governance of the area and actively encourage community participation and citizen involvement in decision making;
• effectively represent the interests of the whole district;
• effectively represent the interests of their ward and amplify the voice of residents;
• respond to constituents’ enquiries and representations, fairly and impartially;
• participate in the governance and management of the Council; and
• maintain the highest standards of conduct and ethics.

2.5 In performing the functions set out in paragraph [2.4], all Councillors will:

• have such rights of access to such documents, information, land and buildings of the Council as are necessary for the proper discharge of their functions and in accordance with the law;
• not make public information which is confidential or exempt without the consent of the Council or divulge information given in confidence to anyone other than a Councillor or Officer entitled to know it.

2.6 Councillors will be bound by the [Members’ Code of Conduct] as adopted by the Council and observe the [Protocol for Member Officer Relationships].

2.7 Councillors will be entitled to receive allowances in accordance with the [Members’ Allowance Scheme] as adopted by the Council.

Statutory Rights

3.1 All eligible persons on the electoral roll for the relevant area may:

• vote in elections to the Council and local referendums; and
• sign a petition to request a referendum for an elected mayor form of Executive.

3.2 Any person may:

• attend meetings of the Council and the Cabinet and Committees except where confidential or exempt information is likely to be disclosed, and the meeting is therefore held in private. The rights to participate are explained in more detail in the [Access to Information Rules];
• find out from the Forward Plan what Key Decisions will be taken by the Executive and when;
• see reports and background papers, and any records of decisions made by the Council and the Executive except where the document contains confidential or exempt information. The rights to information are explained in more detail in the Access to Information Procedure Rules;
• inspect the Council’s accounts and make their views known to the external auditor;
• submit a request for information under the Freedom of Information Act 2000, the Environmental Information Regulations 2004 and Data Protection Legislation; and
• complain to the relevant Ombudsman having exhausted the Council’s complaints scheme.

Constitutional Rights

3.3 All residents of the District may:

• participate in the Council’s public question times;
• contribute by invitation to investigations by the Scrutiny and Performance Committee;
• Complain to the Council under its complaints scheme.

Citizens’ Responsibilities

3.4 Citizens must not be violent, abusive or threatening to Councillors or Officers nor wilfully harm or damage the Council’s property.

3.5 The Council may withhold discretionary services or limit access to Council facilities in the event of a breach of the previous section.

Powers of Full Council

4.1 The body of all Members of the Council, otherwise known as Full Council, is the highest level decision-making authority of the Council  and provides a forum at which all Members of the Council discuss and decide the overarching budget and policy matters.

4.2 Full Council is responsible for the setting of the Council’s Budget and Policy Framework , which establishes the parameters in which the Leader and Cabinet must act. Those strategies and plans that make up the Budget and Policy Framework are set out at Part 2 and the process by which these are developed and approved are set out in the Budget and Policy Framework Procedure Rules at Part 3.

4.3 Full Council is also responsible for a number of functions (known as non-Executive functions) which it can reserve to itself or may delegate to a Committee or an Officer as set out in Part 2 of this Constitution.

Office of Chair

5.1 The Chair of the Council will be elected annually from amongst the Members of the Council at the Annual Meeting of the Council.

5.2 The Vice-Chair of the Council will be elected from amongst the Members of the Council annually at the Annual Meeting of the Council.

5.3 The Chair of the Council and the Vice-Chair of the Council will remain in office until their successor is elected or appointed, or until:

• They resign; or
• They become disqualified as a Councillor.

5.4 In the event of a casual Vacancy in the office of Chair of the Council, the Vice-Chair of the Council will be Acting Chair until a successor for the remainder of the present term can be elected by Full Council.

Nominations

5.5 Nominations for Chair of the Council and Vice-Chair of the Council shall be received in accordance with the following procedure:

• The Chief Executive will cause invitations for nominations to be sent to all Members not less than 14 days prior to the meeting at which an election is to be held.
• Valid nominations must:
  • Show the names of the proposer and seconder
  • Clearly demonstrate the consent of the nominee to nomination
  • Be delivered to the Democratic Services Manager not later than 10am on the Monday in the week preceding that in which the election is to be held
• In the event of a Vacancy occurring within the 14 days prior to a meeting at which an election would be held, the Chief Executive may vary the timeline in so far as it is practicable.

Functions of the Chair

5.6 The Chair of the Council is the first citizen and shall take precedence in the District of Wealden (but not so as prejudicially to affect His Majesty’s royal prerogative).

5.7 The Chair of the Council, or in their absence the Vice-Chair of the Council, shall:

• Uphold and promote the Constitution;
• Preside over meetings of the Full Council and interpret the Standing Orders;
• Ensure meetings of Full Council are a forum for respectful and robust debate in the interests of the Council and the public;
• Promote public involvement in the Council’s activities; and
• Attend civic and ceremonial functions as the representative of the Council and the people of the District.

5.8 The Chair of the Council is excluded from being a Member of the Cabinet and any Committees of the Council.

Leader and Cabinet form of Executive

6.1 The Council will operate the Leader and Cabinet form of Executive.

6.2 Functions of the Executive and the procedures of Cabinet meetings will be set out in Part 2 of this Constitution.

Office of Leader

6.3 The Leader of the Council will be elected for a 4 year term from amongst the Members of the Council at the post election Annual Meeting.

6.4 The Leader of the Council will remain in office until their successor is elected or until:

• They resign;
• They become disqualified as a Councillor; or
• They are removed from office by resolution of the Full Council.

6.5 Any casual Vacancy in the office of Leader of the Council will be filled for the remainder of the present term by Full Council. If a Deputy Leader has been appointed, they will act as Leader in the interim.

Nominations

6.6 Nominations for Leader of the Council shall be received in accordance with the following procedure:

• The Chief Executive will cause invitations for nominations to be sent to all members not less than 14 days prior to the meeting at which an election is to be held.
• Valid nominations must:
  • Show the names of the proposer and seconder
  • Clearly demonstrate the consent of the nominee to nomination
  • Be delivered to the Democratic Services Manager not later than 10am on the Monday in the week preceding that in which the election is to be held
• In the event of a Vacancy occurring within the 14 days prior to a meeting at which an election would be held, the Chief Executive may vary the timeline in so far as it is practicable.

Cabinet Members

6.7 The Leader may appoint up to 7 Members of the Council as Cabinet Members and assign them Portfolios of responsibilities.

6.8 Cabinet Members will remain in office until their successor is appointed or until:

• They resign;
• They become disqualified as a Councillor; or
• They are removed from office by the Leader.

6.9 The Leader may appoint one of the Cabinet Members as Deputy Leader.

6.10 The Deputy Leader will remain in office until their successor is appointed or until:

• They resign;
• They become disqualified as a Councillor; or
• They are removed from office by the Leader.

6.11 Members of the Cabinet including the Leader are excluded from the following appointments:

• Chair of the Council;
• Vice-Chair of the Council;
• Member of the Scrutiny and Performance Committee;
• Member of the Audit and Governance Committee;
• Member of the Standards Committee;
• Member of the Licensing Committees.

Portfolios

6.12 The Leader may assign each member of the Cabinet a portfolio of responsibilities.

6.13 The Leader will give written notice to the Democratic Services Manager of the following appointments. Such details will be published on the Council’s website and notified to all Councillors via the Councillors’ Bulletin and any other reasonable method as the Leader determines appropriate.

• any appointment of or changes to the members of the Cabinet
• any allocation of or changes to any portfolios

6.14 The table at Annex A of the Cabinet section outlines, for information, the current portfolio of responsibilities for each individual Cabinet Members.

Delegations of Functions

6.15 Except as specified in the Constitution, the Leader may decide how an Executive function is to be exercised.

6.16 Details of any arrangements for the exercise of Executive functions are set out in Part 2.3.

6.17 The Leader may amend the Executive Scheme of Delegation at any time by giving written notice to the Chief Executive who will cause the changes to be put into effect and provide a report to the next meeting of Full Council setting out the changes.

6.18 If the exercise of an Executive function has been delegated and it cannot be so exercised because of the person having a conflict of interest or similar lawful impediment, the delegation shall move to the Cabinet unless an alternative provision is made.

Key Decisions

6.19 A Key Decision is defined as an Executive decision which is likely:

• to result in incurring expenditure which is, or the making of savings which are significant having regard to the Council’s budget for the service or function to which the decision relates, namely above £300,000; or
• Is significant in terms of its effect on communities living or working in an area comprising two or more wards; or

6.20 The Council will also treat as a Key Decision any decision which has a particularly significant impact on any community experiencing social exclusion or discrimination, whether that community is defined by geography or interest and even if that community is only located in one ward in the District.

Scrutiny

7.1 The Council will establish and maintain a Scrutiny and Performance Committee.

7.2 The functions of the Scrutiny and Performance Committee and procedures of its meetings will be set out in Part 2 of this Constitution.

Audit

7.3 The Council will establish and maintain an Audit and Governance Committee.

7.4 The functions of the Audit and Governance Committee and procedures of its meetings will be set out in Part 2 of this Constitution.

Standards

7.5 The Council will establish and maintain a Standards Committee.

7.6 The functions of the Standards Committee and procedures of its meetings will be set out in Part 2 of this Constitution.

Planning

7.7 The Council will establish and maintain two Planning Committees:

• Majors Planning Committee.
• Minors Planning Committee.

7.8 The functions of the Planning Committees and the procedures of their meetings will be set out in Part 2 of this Constitution.

Licensing

7.9 The Council will establish and maintain two Licensing Committees:

• Statutory Licensing and Gambling Committee.
• General Purposes and Licensing Committee.

7.10 The functions of the Licensing Committees and the procedures of their meetings will be set out in Part 2 of this Constitution.

Appointments and Disciplinary

7.11 The Council will establish and maintain an Appointments and Disciplinary Committee

7.12 The functions of the Appointments and Disciplinary Committee and the procedures of their meetings will be set out in Part 2 of this Constitution.

Mutual Benefit

8.1 The Council or Cabinet, in order to promote the economic, social or environmental wellbeing of the District, may:

• enter into arrangements or agreements with any person or body;
• co-operate with, or facilitate or co-ordinate the activities of, any person or body; and
• exercise on behalf of that person or body any functions of that person or body.

Joint Arrangements

8.2 The Council may establish joint arrangements with one or more local authorities and/or their Executives to exercise functions which are not Executive functions in any of the participating authorities, or to advise the Council. Such arrangements may involve the appointment of a joint Committee with these other local authorities.

8.3 The Cabinet may establish joint arrangements with one or more local authorities to exercise functions which are Executive functions. Such arrangements may involve the appointment of joint Committees with these other local authorities.

8.4 Except as set out below, the Cabinet may only appoint Cabinet members to a Joint Committee and those Members need not reflect the political composition of the local authority as a whole.

8.5 The Cabinet may appoint Members to a Joint Committee from outside the Cabinet in the following circumstances:

• the Joint Committee has functions for only part of the area of the Authority, and that area is smaller than two-fifths of the Authority by area or population. In such cases, the Cabinet may appoint to the Joint Committee any Councillor who is a Member for a ward which is wholly or partly contained within the area;
• the Joint Committee is between a County Council and the District Council and relates to functions of the Cabinet of the County Council. In such cases, the Cabinet of the County Council may appoint to the Joint Committee any Councillor who is a Member for an electoral division which is wholly or partly contained within the area.
• In both of these cases the political balance requirements do not apply to such appointments.

8.6 In both of these cases the political balance requirements do not apply to such appointments.

8.7 Details of any joint arrangements will be found on the Council’s website at [link to website with details of Joint Waste and Recycling Committee].

Access to Information

8.8 If all the members of a Joint Committee are Members of the Cabinet in each of the participating authorities then its access to information regime is the same as that applied to the Cabinet.

8.9 If the Joint Committee contains Members who are not in the Cabinet of any participating authority then the access to information rules in Part VA of the Local Government Act 1972 will apply.

Delegation to and from Other Local Authorities

8.10 The Council may delegate non-Executive functions to another local authority or, in certain circumstances, the Cabinet of another local authority.

8.11 The Cabinet may delegate Executive functions to another local authority or the Cabinet of another local authority in certain circumstances.

8.12 The decision whether or not to accept such a delegation from another local authority shall be reserved to the Full Council.

Contracting Out

8.13 The Council and/or Cabinet may contract out to another body or organisation functions which may be exercised by an Officer and which are subject to an order under section 70 of the Deregulation and Contracting Out Act 1994, or under contracting arrangements where the contractor acts as the Council’s agent under usual contracting principles, provided there is no delegation of the Council’s discretionary decision making.

Staffing

9.1 The Council may engage such staff, otherwise called Officers, as are necessary to carry out its functions.

9.2 The appointment, management and dismissal of any Officer shall be subject to the [Officer Employment Procedure Rules] as adopted by the Council for the time being.

9.3 Officers shall at all times in the conduct of their duties be bound by the [Officers’ Code of Conduct] and [Protocol for Member Officer Relationships] as adopted by the Council for the time being.

Statutory Officers

9.4 The Council shall designate three Officers to the posts of:

• a. Head of Paid Service
• b. Monitoring Officer
• c. Section 151 Officer

9.5 The Council shall provide the Statutory Officers with such other Officers, accommodation and other resources as are in their opinion sufficient to allow their duties to be performed.

Head of Paid Service

9.6 The Head of Paid Service shall be appointed and dismissed by Full Council and is responsible for:

• a. resourcing the Council;
• b. discharging the decisions of the Council; and
• c. organising and supervising the management structure of the Council.

9.7 The Head of Paid Service may also hold the post of Section 151 Officer if a qualified accountant but not the post of Monitoring Officer.

9.8 The Head of Paid Service will publish on the Council’s website details of the management structure, Officers appointed to management posts and their respective responsibilities.

Monitoring Officer

9.9 The Monitoring Officer shall be appointed and dismissed in accordance with the [Officer Employment Procedure Rules].

9.10 The Monitoring Officer is responsible for:

• a. Maintaining the Constitution – The Monitoring Officer will maintain and review the operation of the Constitution and will maintain an up-to-date version of the Constitution and will ensure that it is widely available for consultation by Members, staff and the public.
• b. Ensuring Lawfulness and Fairness of Decision-Making – After consulting with the Head of Paid Service and Section 151 Officer, the Monitoring Officer will report to the Full Council or to the Cabinet in relation to an Executive function if they consider that any proposal, decision or omission would give rise to unlawfulness or if any decision or omission has given rise to maladministration. Such a report will have the effect of stopping the proposal or decision being implemented until the report has been considered.
• c. Supporting the Standards Committee – The Monitoring Officer will contribute to the promotion and maintenance of high standards of conduct through provision of support to the Standards Committee.
• d. Conducting Investigations – The Monitoring Officer may be required to conduct investigations into matters referred by the Standards Committee and make reports or recommendations in respect of them to the Standards Committee.
• e. Proper Officer for Access to Information – The Monitoring Officer will ensure that Executive decisions, together with the reasons for those decisions and relevant Officer reports and background papers are made publicly available as soon as possible.
• f. Advising whether Executive Decisions are within the Budget and Policy Framework – The Monitoring Officer will advise whether decisions of the Cabinet are in accordance with the budget and policy framework.
• g. Providing Advice – The Monitoring Officer will provide advice on the scope of powers and authority to take decisions, maladministration, financial impropriety, probity and budget and policy framework issues to all Councillors.

9.11 The Monitoring Officer may not hold the post of Head of Paid Service nor Section 151 Officer.

Section 151 Officer

9.12 Section 151 Officer shall be a qualified accountant and shall be appointed and dismissed in accordance with the [Officer Employment Procedure Rules].

9.13 The Section 151 Officer is responsible for:

• a. Ensuring Lawfulness and Financial Prudence of Decision Making – After consulting with the Head of Paid Service and the Monitoring Officer, the Section 151 Officer will report to the Full Council or to the Cabinet in relation to an Executive function and the Council’s external auditor if they consider that any proposal, decision or course of action will involve incurring unlawful expenditure, or is unlawful and is likely to cause a loss or deficiency or if the Council is about to enter an item of account unlawfully;
• b. Administration of Financial Affairs – The Section 151 Officer will have responsibility for the administration of the financial affairs of the Council;
• c. Contributing to Corporate Management – The Section 151 Officer will contribute to the corporate management of the Council, in particular through the provision of professional financial advice.
• d. Providing Advice – The Section 151 Officer will provide advice on the scope of powers and authority to take decisions, maladministration, financial impropriety, probity and Budget and Policy Framework issues to all Councillors and the elected mayor (if there is one) and will support and advise Councillors and Officers in their respective roles.
• e. Give Financial Information – The Section 151 Officer will provide financial information to the media, members of the public and the community.
• f. Assessment of Robustness of Budget Calculations and Adequacy of Reserves – The Section 151 Officer will report to the Full Council on the robustness of estimates made for the purposes of budget calculations and the adequacy of proposed financial reserves.
• g. The Section 151 Officer will be responsible for keeping under review the [Financial Procedure Rules.]

9.14 The Section 151 Officer may also hold the post of Head of Paid Service but not the post of Monitoring Officer.

Meetings

10.1 Meetings of the following bodies will be public meetings:

• Full Council
• Cabinet
• Scrutiny and Performance
• Audit and Governance
• Standards
• Planning Committees
• Licensing Committees
• Any sub-Committees if they are exercising any delegated functions of the parent Committee (as opposed to purely advisory sub-Committees)
• By the nature of their business the press and public will normally be excluded from meetings of the Appointments and Disciplinary Committee and Independent Panel

10.2 The time and place of public meetings will be determined by the Chief Executive in consultation with the relevant Chair and notified in the summons.

10.3 Public and Member’s rights of access to meetings, documents and information are set out in the [Access to Information Procedure Rules.]

Decision Making

10.4 All decisions of the Council will be made in accordance with the following principles:

• Lawfulness
• Proportionality (i.e. the action must be proportionate to the desired outcome);
• With due consultation and the taking of professional advice from Officers;
• With respect for human rights;
• Openness;
• With clarity of aims and desired outcomes; and
• Reasonableness and based only upon relevant information.

10.5 The Council will publish details of the following types of decision:

• Decisions made by the Executive (Cabinet or individual Cabinet Members)
• Decisions made by regulatory Committees (Planning and Licensing Committees)
• Decisions made by Officers under an express delegation from Full Council, Cabinet or Committee
• Decisions made by Officers under the [Officer Scheme of Delegation] (delegated Executive decisions (provided that this will not include operational decisions)

10.6 Records of decisions will be made in accordance with the [Access to Information Procedure Rules.]