Report by Monitoring Officer

Further to Minute 25 of the Policy Committee held on 25 September 2023, the Monitoring Officer submitted a report on a review of the Constitution, which had been adopted on 18 October 2022 (Minute 21 refers).  The revised Constitution had introduced a new way of working to simplify the Key Decision definition and directing other decisions not captured by the Key Decision criteria to be within the remit of officers.  The Financial Regulations and the Contract Procedure Rules were being revised as part of the review.  The Financial Regulations because, they had not been reviewed for some time and it was not possible to update them for inclusion in the Constitution agreed in October 2022.  The Contract Procedure Rules (CPRs) had further refinement because of the introduction of new procurement legislation, and the expected further roll-out of the hub and spoke model of procurement which may impact them.  A separate report on the CPRs had been considered by the Audit & Governance Committee on 27 September 2023 (Minute 18 refers) and the recommendations had been incorporated into this report for approval.  It was anticipated that the Financial Regulations would be presented to a forthcoming Policy Committee and then to Council for formal adoption. 

The following motion was moved by Councillor Brock and seconded by Councillor Terry and CARRIED:

Resolved –

(1)        That the progress to simplify decision making since October 2022 be noted.

(2)        That progress towards revised Financial Regulations be noted.

(3)        That, in respect of the Contract Procedure Rules (as set out in Appendix 1):

(a)        the revised CPRs be adopted;

(b)        the further development and implementation of a Procurement Manual for staff, containing the procedural and practical details and guidance to support the processes outlined within the updated CPRs be supported;

(c)        the Assistant Director of Procurement and Contracts, in consultation with the Chief Executive and Executive Director of Resources, be authorised to make appropriate amendments to ensure that the proposed Contract Procedure Rules aligned with terminology included within the new Procurement Bill due to be introduced in autumn 2024;

(4)        That Article 12 of the Constitution be revised in accordance with the recommendations of this report (as set out in Appendix 2);

(5)        That references to the School Admission Forum and the Cultural Partnership Board be removed from Article 10 (Consultative Committees and Forums); 

(6)        That the revised wording for Sealing of Documents be adopted as set out in paragraph 3.39;

(7)        That the existing power of the Monitoring Officer to make changes to Committees etc during the municipal year be added, to Part 3 (Officer Delegations) of the Constitution.