This Constitution is the Constitution of the High Peak Borough Council.
The Council will exercise all its powers and duties in accordance with the law and this Constitution.
The purpose of the Constitution is to:
Where the Constitution permits the Council to choose between different courses of action, the Council will always choose that option which it thinks is closest to the purposes stated above.
The Council will monitor and evaluate the operation of the Constitution as set out in Article 14.
Any decisions made or policies adopted before this Constitution takes effect are taken to have been made in accordance with it.
The Council will comprise forty-three members, otherwise called councillors. One or more councillors will be elected by the voters of each ward.
Only registered voters of the borough, or those living or working there will be eligible to hold the office of councillor.
The regular election of councillors will be held on the first Thursday in May every four years beginning in 2003. The terms of office of councillors will start on the fourth day after being elected and will finish on the fourth day after the date of the next regular election.
All councillors will:
Councillors will at all times observe the members’ Code of Conduct and the other Protocols set out in Part 5 of this Constitution.
Councillors will be entitled to receive allowances in accordance with the Members’ Allowances Scheme set out in Part 6 of this Constitution.
Citizens on the electoral roll for the area have the right to vote and sign a petition to request a referendum for an elected mayor form of Constitution.
Citizens have the right to:
The Council aims to provide equal access to all its services and to promote equality by not discriminating unlawfully against any person and by treating people with respect regardless of their race, age, religion, gender, sexual orientation or disability.
Citizens must not be violent, abusive or threatening to councillors or officers and must not wilfully harm things owned by the Council, councillors or officers.
The Policy Framework means the following plans and strategies:
The budget includes the allocation of financial resources to different services and projects, proposed contingency funds, setting the council tax and decisions relating to the control of the Council’s borrowing requirement, the control of its capital expenditure and the setting of virement limits.
Only the Council will exercise the following functions:
There are three types of Council meeting:
and they will be conducted according to the Council Procedure Rules in Part 4 of this Constitution.
The Council will keep under review the tables in Part 3 of this Constitution setting out the responsibilities for the Council’s functions.
The Mayor is the first citizen of the Borough and Chair of the Council. In his/her absence, the Deputy Mayor takes on that role. The Mayor and Deputy Mayor have the following roles and functions:
The Mayor has precedence within the Borough but not so as to affect Her Majesty’s royal prerogative. Home Office guidelines are followed regarding royal visits. Where a Borough matter is the purpose of a royal visit to a county, the Mayor will take precedence. On other official royal visits, the order of precedence places the Chair of the County Council before the Mayor.
The Mayor is a symbol of the Council, especially its continuity, through the insignia of the robes and chain of office.
The Mayor is a symbol of an open society as the choice of mayor is no longer restricted to those with wealth and connections.
The Mayor is an expression of social cohesion through the many engagements undertaken in the communities of the Borough.
The Mayor and, in their absence, the Deputy Mayor have the following responsibilities:-
The Mayor is elected by the Council in May each year in accordance with a points system agreed by the Council from time to time.
Some years, the Deputy Mayor has been chosen with a view to progressing to Mayor the following year, but this is not always the case.
The Executive will carry out all of the Council’s functions which are not the responsibility of any other part of the Council, whether by law or under this Constitution.
The Leader will hold office until:
The Leader is responsible for allocating and changing the composition of portfolios subject to the general principle that the portfolios will follow the Council’s corporate aims. In making any changes, the Leader will consult with all other members of the Executive.
Only councillors (ie no co-optees) will be on the Executive. They will have no deputies or substitutes. Neither the Mayor nor Deputy Mayor will be appointed to the Executive and members of the Executive will not also be members of any Select Committee. Other Executive members shall hold office until:
Proceedings of the Executive shall take place in accordance with the Executive Procedure Rules set out in Part 4 of this Constitution.
The Leader will maintain the list in Part 3 of this Constitution, setting out the responsibilities for the exercise of particular executive functions.
The Council will appoint the select committees set out below to carry out the functions conferred by section 21 of the Local Government Act 2000 or regulations under section 32 of the Local Government Act 2000 in relation to the matters set out below.
| Committee | Functions |
|---|---|
| Corporate | Acting as the main scrutiny committee, meeting monthly and supervising and co-ordinating the work programmes of the other three select committees. Advising the Council and the Executive on the development of policy; monitoring and scrutinising the discharge of executive functions in relation to the corporate policies and objectives of the Council including the Corporate Strategy, Annual Report and Performance Plan, Community Strategy, Budget, staffing and other resources, Corporate services, communications and related matters. |
| Regeneration | Advising the Council and the Executive on the development of policy, monitoring and scrutinising the discharge of executive functions in relation to economic development and regeneration, including tourism, land use and spatial planning, town centre management, car parking, transportation (including hackney carriages and private hire vehicles, but not licensing), the use and management of non-operational land and the acquisition and disposal of land, grants and benefits to related organisations and other related matters. |
| Social Inclusion and Community | Advising the Council and the Executive on the development of policy, monitoring and scrutinising the discharge of executive functions in relation to public and private sector housing, and other accommodation, including the Council’s housing stock, homelessness, public parks and recreation facilities, sports halls, swimming pools, sports and the arts, benefits to tenants and residents, grants and benefits to voluntary organisations, social inclusion, community safety and equalities issues and other related matters. |
| Environment | Advising the Council and the Executive on the development of policy and monitoring and scrutinising the discharge of executive functions in relation to the environment including Environmental Management and Audit system; refuse collection and recycling, public toilets, food safety and water purity; public and animal health and safety, environmental pollution and protection, licensing (other than decisions relating to particular individuals or licences), cemeteries and churchyards, street care and road safety and other related matters. |
Within their terms of reference, select committees will:
Select committees may exercise overall responsibility for any finances made available to them.
Select committees must report annually to full Council on their workings and make recommendations for future work programmes and amended working methods if appropriate.
Select committees will conduct their proceedings according to the Select Committee Procedure Rules set out in Part 4 of the Constitution.
Decide whether, and in what manner to enforce any failure to comply with an Approval.
The Audit and Regulatory Committee will comprise 10 members. It’s principal area of responsibility is to oversee the audit and corporate governance functions of the Council as set out in the Statement of Purpose and Terms of Reference in Part 3 of the Constitution.
The Appointments and Appeals Panel has three members including one member of the Executive and the Leader of the main opposition group on the Council.
will comprise 15 members, of which no more than three shall be selected for each hearing by the Head of Legal and Democratic Services. Council shall appoint three Chairs to the Panel one of whom shall sit at each Panel hearing.
The panel will deal with all licensing matters including taxi and private hire, and licences issued under the Licensing Act 2003 and the Gambling Act 2005 or any subsequent legislation of a similar nature.
The Development Control Committee will comprise 12 members who, as far as possible, will represent all areas of the Borough.
(a) The Council will establish a Standards Committee to carry out the functions set out more fully in Part 3 of the Constitution. These include, promoting high standards of conduct amongst members and making sure they are properly trained; granting dispensations; hearing allegations into breaches of the Code; hearing representations from members who may become disqualified for not attending meetings; advising the Council on Members’ allowances; making recommendations to the Council on the Mayor and Deputy Mayor elect.
The Standards Committee will be composed of:
Independent members will be entitled to vote at meetings and will be entitled to the same subsistence and travelling allowances as elected members. They will also be entitled to payment for loss of earnings in appropriate cases. At least one independent member must be present throughout the whole of the meeting.
At least one parish member must be present when matters relating to parish councils or their members are being considered; parish members will be entitled to vote at meetings and entitled to the same subsistence and travelling allowances as elected and independent members. They will also be entitled to payment for loss of earnings in appropriate cases.
The Committee will appoint one independent member as chair and the other independent member as vice chair of the Committee.
The Committee will hear appear appeals from officers who do not wish to appear as witnesses before a select committee (see Protocol for Officers in Part 4 of the Constitution); monitor complaints received by the Ombudsman; monitor the member development programme and evaluate its effectiveness.
The Council or the Executive, in order to promote the economic, social or environmental well-being of its area, may:
The political balance requirements do not apply.
The Council for functions which are not executive functions and the Executive for executive functions, 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.
The Council may engage such staff (referred to as officers) as it considers necessary to carry out its functions.
The Council will engage persons for the following posts, who will be designated Chief Officers and may from time to time, add to, vary or reduce the number, designation and areas of responsibility:
The Council will designate the following posts as shown:
| Post | Designation |
|---|---|
| Chief Executive | Head of Paid Service |
| Head of Legal and Democratic Services | Monitoring Officer |
| Head of Finance | Chief Finance Officer |
Such posts will have the functions described in Article 11.2 – 11.4 below.
The Chief Executive will determine and publish a description of the overall structure of the Council showing the roles and responsibilities of all its officers. This is set out in Part 7 of this Constitution.
The Head of Paid Service will report to the Council on the way in which the discharge of the Council’s functions is co-ordinated, the number and grade of officers required for the discharge of functions and the organisation of officers.
The Head of Paid Service may not be the Monitoring Officer but may hold the post of Chief Finance Officer if a qualified accountant.
The Monitoring Officer will maintain an up-to-date version of the Constitution and will ensure that it is available to members, staff and the public.
After consulting with the Head of Paid Service and Chief Finance Officer, the Monitoring Officer will report to the full Council, or to the Executive in relation to an executive function, if he or she considers 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.
The Monitoring Officer will contribute to the promotion and maintenance of high standards of conduct through provision of support to the Standards Committee.
The Monitoring Officer will receive and act on reports made by Ethical Standards Officers (ESOs) and the decisions of the case tribunals; deal with referrals from ESOs and the decisions of the Standards Committee Hearing Panel.
The Monitoring Officer will conduct investigations (or arrange for them to be conducted) into matters referred by Ethical Standards Officers and make reports or recommendations (or arrange for them to be made) in respect of them to the Standards Committee.
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.
The Monitoring Officer will advise whether decisions of the Executive are in accordance with the budget and policy framework.
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 members.
The Monitoring Officer cannot be the Chief Finance Officer or the Head of Paid Service.
The Monitoring Officer will act in accordance with the Monitoring Officer Protocol set out in Part 5 of this Constitution.
After consulting with the Head of Paid Service and the Monitoring Officer, the Chief Finance Officer will report to the full Council or to the Executive in relation to an executive function, and the Council’s external auditor if he or she considers 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.
The Chief Finance Officer will have responsibility for the administration of the financial affairs of the Council.
The Chief Finance Officer will contribute to the corporate management of the Council, in particular through the provision of professional financial advice.
The Chief Finance Officer will provide advice on the scope of powers and authority to take decisions, maladministratrion, financial impropriety, probity and budget and policy framework issues, to all members and will support and advise members and officers in their respective roles.
The Chief Finance Officer will provide financial information to the media, members of the public and the community.
The Council will provide the Monitoring Officer and Chief Finance Officer with such officers, accommodation and other resources as are in their opinion sufficient to allow their duties to be performed.
Officers will comply with the Officers’ Code of Conduct and the Protocol on Officer/Member Relations set out in Part 5 of this Constitution.
The recruitment, selection and dismissal of officers will comply with the Officer Employment Rules set out in Part 4 of this Constitution.
The Council will issue and keep up to date a record of what part of the Council or which individual has responsibility for particular types of decisions or decisions relating to particular areas or functions. This record is set out in Part 3 of this Constitution (the delegation scheme).
All decisions of the Council will be made in accordance with the following principles:
The decisions reserved to the full Council as set out in paragraph 4.2 of Article 4 will be made by the full Council and not delegated.
(a) A key decision is:
(b) The Executive may only make a key decision in accordance with the requirements of the Executive Procedure Rules set out in Part 4 of this Constitution and the provisions of paragraphs 13 to 24 of the Access to Information Rules also in Part 4.
Subject to Article 12.8, the Council will follow the Council Procedure Rules set out in Part 4 of this Constitution when considering any matter.
The Executive will follow the Executive Procedure Rules set out in Part 4 of this Constitution when considering any matter.
Other Council committees and sub-committees will follow those parts of the Council Procedure Rules set out in Part 4 of this Constitution as apply to them.
The Council, a member or an officer acting as a tribunal or in a quasi judicial manner or determining/considering (other than for the purposes of giving advice) the civil rights and obligations or the criminal responsibility of any person will follow a proper procedure which accords with the requirements of natural justice and the right to a fair trial contained in Article 6 of the European Convention on Human Rights.
Many routine decisions taken within existing Council policies are delegated to officers. The full scheme of delegation to officers is set out in Part 3 of the Constitution.
The management of the Council’s financial affairs will be conducted in accordance with the Financial Regulations set out in Part 4 of this Constitution.
Every contract made by the Council will comply with the Procurement Policy and Contract Procedure Rules set out in Part 4 of this Constitution.
The Head of Legal and Democratic Services is authorised to institute, defend or participate in any legal proceedings in any case where such action is necessary to give effect to decisions of the Council or in any case where the Head of Legal and Democratic Services considers that such action is necessary to protect the Council’s interests.
Where any document is necessary for any legal procedure or proceedings on behalf of the Council, it will be signed by the Head of Legal and Democratic Services or other person authorised by him/her, unless any enactment otherwise authorises or requires, or the Council has given authority to some other person.
Any contract with a value exceeding £50,000 entered into on behalf of the Council must be made under the Common Seal of the Council attested by at least one officer duly authorised in writing to do so.
The Common Seal of the Council will be kept in a safe place in the custody of the Head of Legal and Democratic Services. A decision of the Council, or of any part of it, or of any officer acting under delegated powers in accordance with this Constitution, will be sufficient authority for sealing any document necessary to give effect to the decision. The Common Seal will be affixed to those documents which in the opinion of the Head of Legal and Democratic Services should be sealed. The affixing of the Common Seal will be attested by the Head of Legal and Democratic Services or some other person authorised in writing by him/her.
Details of every deed and other document to which the Common Seal is to be affixed shall be entered, prior to the time of its sealing or as soon as practicable thereafter, by the Head of Legal and Democratic Services or his/her representative, in a book to be kept for that purpose and that book shall be signed by the person attesting the affixation of the Common Seal.
The Audit and Regulatory Committee and 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.
A key role for the Monitoring Officer is to be aware of the strengths and weaknesses of the Constitution adopted by the Council, and to make recommendations for ways in which it could be amended in order better to achieve the purposes set out in Article 1. In undertaking this task the Monitoring Officer may:
Changes to Part 2 of the Constitution must be approved by the full Council; changes to Part 4 must be approved by the Audit and Regulatory Committee and changes to Part 5 are delegated to the Monitoring officer (in so far as this is legally permissible).
The Articles of this Constitution may not be suspended. The Rules of Procedure may be suspended to the extent permitted within those Rules and the law.
This is as set out in the Rules themselves. The extent and duration of suspension will be proportionate to the result to be achieved, taking account of the purposes of the Constitution set out in Article 1.
The ruling of the Mayor 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 interpretation will have regard to the purposes of this Constitution contained in Article 1.
The following constitute the Council’s Executive Arrangements: