Subject:

Constitutional Matters

Date of Meeting:

19 June 2019

Report of:

Monitoring Officer

Contact Officer:

Name:

Shaun Hughes

Tel:

01273 290 569

 

Email:

Shaun.hughes@brighton-hove.gov

Ward(s) affected:

All

 

 

FOR GENERAL RELEASE

 

 

1.         PURPOSE OF REPORT AND POLICY CONTEXT

 

1.1       To provide information on the committee's terms of reference and related matters including the appointment of its Urgency Sub-Committee.

 

2.         RECOMMENDATIONS:

 

2.1       That the committee’s terms of reference, as set out in Appendix A to this report, be noted; and

 

2.2       That the establishment of an Urgency Sub-Committee consisting of the Chair of the Committee and two other Members (nominated in accordance with the scheme for the allocation of seats for committees), to exercise its powers in relation to matters of urgency, on which it is necessary to make a decision before the next ordinary meeting of the Committee be approved. 

 

3.            CONTEXT/ BACKGROUND INFORMATION

 

3.1      Article 6 of the constitution, incorporates a schedule of all the Committees/Sub-committees established in the new constitution together with a summary of their respective functions. 

 

The Housing & New Homes Terms of Reference

 

3.2         A copy of the terms of reference for the committee is attached in Appendix A.  These should be read in the context of the 'Introduction and General Delegations' included in the Scheme of Delegations to Committees and Sub-Committees at part 4 of the constitution.

 

Membership

 

3.3       The membership of the committee is set at 10 Members of the council.

 

3.4       The arrangements for substitute Members to attend meetings of Committees/Sub-Committees, as set out in the Council Procedure Rules 18 to 24.

            Programme Meetings

 

3.5       Ordinary meetings of the Housing & New Homes are scheduled to take place on the following dates during 2019/20:

 

            18 September 2019

            13 November 2019

            15 January 2020

            11 March 2020

            29 April 2020

 

3.8       Meetings of the Committee will normally be held at Hove Town Hall and will start at 4.00 p.m.

 

            Urgency Sub-Committee

 

3.9       The Constitution states that each Committee of the Council except the Audit & Standards Committee may appoint an Urgency Sub-Committee to exercise its powers.  The membership of such Urgency Sub-Committee shall consist of the Chair of the Committee, and two other Members nominated by the Group Leader or Leaders as appropriate to meet the requirements for the allocation of seats between political groups.  Under current allocations this would mean an urgency sub-committee will consist of one Member from each of the  three political groups on the Council. 

 

3.10    Such Urgency Sub-Committees may exercise their powers in relation to matters of urgency on which it is necessary to make a decision before the next ordinary meeting of the Committee.  Every decision of each Urgency Sub-Committee shall be reported for information to the next ordinary meeting of the Committee as appropriate.'

 

4.            ANALYSIS & CONSIDERATION OF ANY ALTERNATIVE OPTIONS

 

4.1         The council’s constitution provides for the appointment of the sub-committees and urgency sub-committees and it is for the Committee to determine this action and it could decide not to make such appointments.  However, this would be contrary to the wishes of the council and is not therefore regarded as a viable alternative option.

 

5.            COMMUNITY ENGAGEMENT & CONSULTATION

 

5.1         All Members considered and approved the constitution and the changes therein on the 13 December 2018.

 

6.         CONCLUSION

 

6.1         The recommendations are being put forward in line with the requirements of the constitution.

 

 

 

 

7.         FINANCIAL & OTHER IMPLICATIONS:

 

Financial Implications:

 

7.1       There are no direct financial implications arising from this report.  Any associated costs with the Urgency Sub-committee arrangements would be met within existing resources.

 

           Finance Officer Consulted: Peter Francis                        Date: 11/06/19

 

Legal Implications:

 

7.2      ‘The Council’s constitution complies with the legal framework set out in the

Localism Act 2011, the Local Government Act 2000 and other relevant legislation.’

 

            Lawyer Consulted: Elizabeth Culbert                                           Date:  11/06/19

 

            Equalities Implications:

 

7.1         There are no equalities implications arising from the report

 

            Sustainability Implications:

 

7.2         There are no sustainability implications arising from the report.

 

Any Other Significant Implications:

 

7.3         None

 

 

SUPPORTING DOCUMENTATION

 

Appendices:

 

1.         Housing & New Homes Terms of Reference

 

Documents in Members’ Rooms

 

1.         None

 

Background Documents

 

1.         The Constitution