Articles of the Constitution

Article 13 - Review and revision of the constitution

13.1 Duty to monitor and review the Constitution

The Constitution Committee will periodically review the operation of the Constitution in conjunction with the Authority’s Monitoring Officer who will monitor the constitution to ensure that the aims and principles of the Constitution are given full effect.

In conducting a periodic review of the Authority’s Constitution, the Constitution Committee should submit a report (the report to be presented by the Monitoring Officer to Full Council) before the September meeting (or a meeting approximate thereto) to ensure that any new Elected Members have undertaken their induction.

13.2 Protocol for Monitoring and Review of the Constitution by the Constitution Committee in conjunction with the Monitoring Officer.

A key role for the Constitution Committee and the Monitoring Officer is to be aware of the strengths and weaknesses of the Constitution and to make recommendations for ways in which it could be amended in order to better achieve the purposes set out in Article 1.

In undertaking this task the Constitution Committee and Monitoring Officer may:

  • (a) observe meetings of different parts of the Elected Member and Officer structure;
  • (b) undertake an audit trail of a sample of decisions;
  • (c) record and analyse issues raised with the Monitoring Officer by Elected Members, Officers, the public and other relevant stakeholders; and
  • (d) compare practices in the Authority with other comparable Authorities, and/or national examples of best practice.

13.3 Changes to the Constitution

Changes to the Constitution will only be approved by Full Council after consideration of the proposal through recommendations of the Constitution Committee.

The Monitoring Officer is authorised to make such minor, factual, grammatical and other changes necessary to comply with legislation and statutory guidance.

13.4 Change of Governance Arrangements

Where a change in governance arrangements, is under consideration, the Authority may take reasonable steps to consult with local electors and other interested persons in the area when drawing up proposals. The Authority must hold a binding referendum following the expiration of the statutory moratorium period in the holding of a referendum, namely, the period of 10 years from the date of the previous referendum.