Agenda item

Report of the Head of Legal and Democratic Services detailing the annual review of the Council’s Constitution. 

The report of the Head of Legal and Democratic Services was submitted detailing the annual review of the Council’s Constitution (copy of report circulated with agenda and appended to signed minutes).

The Leader in moving the report recommendations, referred to the proposed changes to the timings for the Executive business at Council meetings and to the pilot process for Cabinet meetings. He confirmed that the pilot process for Cabinet would continue until August and that for the July Council meeting the timing of the Executive Business item would be reduced to 1 hour. The new arrangements would then be discussed and a decision made in time for the September Council meeting. Should the proposals prove unacceptable, the Leader also confirmed that the timings for the Executive business item at Council meetings would revert back to the timings set out in the Constitution.

Amendment moved by Councillor Letts and seconded by Councillor Barnes-Andrews:

“Paragraph 16 of the report to show amended delegations for the Head of Legal and Democratic Services and the Head of Regulatory Services.

Add to delegation 2.2.67 for the Head of Legal and Democratic Services the following:

“Additionally, to investigate, institute and authorise legal proceedings and prosecutions in respect of any statutory conspiracy offences and common law offences to include conspiracy and conspiracy to defraud; and authorisations to officers contained within this scheme shall include powers to investigate any statutory conspiracy offences and common law offences such as conspiracy and conspiracy to defraud.

In respect of all statutory and common law offences referred to within this scheme, where deemed appropriate and reasonable to institute, or authorise legal proceedings and prosecutions where the cause of action arises or the place of offence is outside of Southampton City Council boundaries where such action deliver a benefit to the residents of the City of Southampton”

Amended Delegation to read:

“To institute or authorise legal proceedings and to prosecute and defend any proceedings, including counterclaiming for damages or other relief brought by or against the Council, and including the prosecution of offenders for contravention of the bye-laws as may be in force from time to time or take any other action necessary to protect the legal position of the City Council.

Additionally, to investigate, institute and authorise legal proceedings and prosecutions in respect of any statutory conspiracy offences and common law offences to include conspiracy and conspiracy to defraud; and authorisations to officers contained within this scheme shall include powers to investigate any statutory conspiracy offences and common law offences such as conspiracy and conspiracy to defraud.

In respect of all statutory and common law offences referred to within this scheme, where deemed appropriate and reasonable to institute, or authorise legal proceedings and prosecutions where the cause of action arises or the place of offence is outside of Southampton City Council boundaries where such action deliver a benefit to the residents of the City of Southampton”.

Add to delegation 3.9.122 for the Head of Regulatory Services the following:

“In addition to the statutory offences referred to in this scheme, to investigate, institute and authorise legal proceedings and where authorised by the Head of Legal and Democratic Services, to prosecute in respect of any statutory conspiracy offences and common law offences to include conspiracy and conspiracy to defraud; and authorisations to officers contained within this scheme shall include powers to investigate any statutory conspiracy offences and common law offences such as conspiracy and conspiracy to defraud.

In respect of all statutory and common law offences referred to within this scheme, where authorised by the Head of Legal and Democratic Services, and where deemed appropriate and reasonable to institute, or authorise legal proceedings and to prosecute where the cause of action arises or the place of offence is outside of Southampton City Council boundaries where such action deliver a benefit to the residents of the City of Southampton.”

Amended delegation to read:

“To authorise and institute any legal proceedings, the issue of simple

cautions and, where authorised by the Head of Legal & Democratic Services, to prosecute or defend any such proceedings, in relation to any powers listed or implied under the delegations to the Head of Regulatory Services, Environmental Health Practitioners, the Chief Inspector of Weights & Measures, Trading Standards Officers and Fair Trading Officers.

In addition to the statutory offences referred to in this scheme, to investigate, institute and authorise legal proceedings and where authorised by the Head of Legal and Democratic Services, to prosecute in respect of any statutory conspiracy offences and common law offences to include conspiracy and conspiracy to defraud; and authorisations to officers contained within this scheme shall include powers to investigate any statutory conspiracy offences and common law offences such as conspiracy and conspiracy to defraud.

In respect of all statutory and common law offences referred to within this scheme, where authorised by the Head of Legal and Democratic Services, and where deemed appropriate and reasonable to institute, or authorise legal proceedings and to prosecute where the cause of action arises or the place of offence is outside of Southampton City Council boundaries where such action deliver a benefit to the residents of the City of Southampton.”

Further amendment moved by Councillor Letts and seconded by Councillor Barnes-Andrews:

Amend paragraph 16 ii (a) of the report:

Delete the word “Major” from line one

Delete the words “together with” in line two and replace with “or”

Amended sentence to read:

“Any planning application will be considered by the Panel if there are five or more objections or a ward councillor request”.

UPON BEING PUT TO THE VOTE THE AMENDMENTS WERE DECLARED CARRIED

UPON BEING PUT TO THE VOTE THE MOTION AS AMENDED WAS DECLARED CARRIED

RESOLVED

(i)  That the changes to the Constitution as set out in the report together with the above amendments be approved;

(ii)  That the Head of Legal and Democratic Services be authorised to finalise the arrangements as approved by Full Council and make any further consequential or minor changes arising from the decision of Full Council;

(iii)  That the City Council’s Constitution, as amended, including the Officer Scheme of Delegation for the municipal year 2014/15 be approved.