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(Public Pack)Agenda Document for Constitution Committee, 01/05/2014

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(Public Pack)Agenda Document for Constitution Committee, 01/05/2014 Public Document Pack Constitution Committee Agenda Date: Thursday, 1st May, 2014 Time: 10.00 am Venue: Council Chamber - Town Hall, Macclesfield, SK10 1EA The agenda is divided into 2 parts. Part 1 is taken in the presence of the public and press. Part 2 items will be considered in the absence of the public and press for the reasons indicated on the agenda and at the foot of each report. PART 1 – MATTERS TO BE CONSIDERED WITH THE PUBLIC AND PRESS PRESENT 1. Apologies for Absence 2. Declarations of Interest To provide an opportunity for Members and Officers to declare any disclosable pecuniary and non-pecuniary interests in any item on the agenda. 3. Public Speaking Time/Open Session In accordance with Procedure Rules Nos.11 and 35 a period of 10 minutes is allocated for members of the public to address the meeting on any matter relevant to the work of the meeting. Individual members of the public may speak for up to 5 minutes but the Chairman or person presiding will decide how the period of time allocated for public speaking will be apportioned where there are a number of speakers. Members of the public are not required to give notice to use this facility. However, as a matter of courtesy, a period of 24 hours’ notice is encouraged. Members of the public wishing to ask a question at the meeting should provide at least three clear working days’ notice in writing and should include the question with that notice. This will enable an informed answer to be given. 4. Minutes of Previous meeting (Pages 1 - 2) To approve the minutes of the meeting held on 20 th March 2014. Contact : Paul Mountford, Democratic Services Officer Tel: 01270 686472 E-Mail: [email protected] 5. Macclesfield Community Governance Review Update (Pages 3 - 36) To consider the proposed arrangements and timescale for the second stage of consultation and for the remainder of the review, based on the proposed options. 6. Review of Polling Districts and Polling Places (Pages 37 - 44) To consider arrangements to undertake a review of polling districts and polling places as required by the Electoral Administration Act 2013. 7. Cheshire/Wirral/Merseyside - Joint Scrutiny Arrangements (Pages 45 - 60) To consider the adoption of a protocol for the setting up of joint scrutiny arrangements across Cheshire, Wirral and Merseyside authorities to deal with formal consultations regarding proposals by relevant NHS bodies which are deemed to be a substantial development or variation in service by more than one local authority. 8. Council Constitution - Revisions to Scheme of Delegation to Officers (Pages 61 - 112) To consider a revised scheme of delegation to officers. 9. The Council's Decision -Making and Governance Arrangements (Pages 113 - 172) To consider a range of decision-making and governance issues and to seek a recommendation from the Constitution Committee to Council upon proposed constitutional change. THERE ARE NO PART 2 ITEMS Page 1 Agenda Item 4 CHESHIRE EAST COUNCIL Minutes of a meeting of the Constitution Committee held on Thursday, 20th March, 2014 at Committee Suite 1,2 & 3, Westfields, Middlewich Road, Sandbach CW11 1HZ PRESENT Councillor A Martin (Chairman) Councillors C Andrew, G Baxendale, P Groves, S Hogben, S Jones, W Livesley, R Menlove, A Moran, B Murphy, D Newton and P Whiteley Officers Brian Reed, Head of Governance and Democratic Services Anita Bradley, Head of Legal Services and Monitoring Officer Paul Mountford, Democratic Services Officer Guy Kilminster, Corporate Manager, Health Improvement Iolanda Puzio, Legal Team Manager Apologies Councillors D Marren and G Wait 31 DECLARATIONS OF INTEREST There were no declarations of interest. 32 PUBLIC SPEAKING TIME/OPEN SESSION There were no members of the public present. 33 MINUTES OF PREVIOUS MEETING RESOLVED That the minutes of the meeting held on 23 rd January 2014 be approved as a correct record. 34 HEALTH AND WELLBEING BOARD'S TERMS OF REFERENCE The Committee considered a report proposing amendments to the terms of reference of the Health and Wellbeing Board. The Board’s Vision and Key Objectives were currently included in its terms of reference which formed part of the Council’s Constitution. Vision and objectives were not ordinarily included in a Committee’s terms of reference and it was therefore proposed that they be removed. Page 2 Other amendments had been made to the terms of reference to clarify the functions required of the Board by legislation, to reflect the restructuring of the Council over the last year, and to ensure that the terms of reference aligned with the Council’s Constitution and Committee Procedure Rules. The proposed amendments were highlighted in the Appendix to the report. RESOLVED That the draft amended terms of reference for the Health and Wellbeing Board be recommended to Council for approval subject to the following amendments: § Paragraph 5.1 – replace ‘party’ with ‘group’. § Paragraph 5.5 – the requirement that two working days’ notice of any substitution be given should include the words ‘where practicable’. § Paragraph 6.1 – be amended to require that ‘no fewer than six public meetings be held each year (including an AGM)’; and that any development sessions in addition to this will not be subject to the Access to Information Procedure Rules. § Paragraph 7.3 – to be deleted. § Paragraph 14.2 – be amended to ‘any amendments (to the terms of reference) shall only be included following a simple majority vote of the Board prior to the approval of the Constitution Committee and Council’. 35 WORK PROGRAMME The Committee received an update on its work programme which was appended to the report. The Constitution Member Working Group would be meeting in mid April to conclude a number of reviews and agree recommendations to the Constitution Committee. The Scrutiny/PDG Member Working Group would also be aiming to conclude its review by mid to late April. As the next scheduled meeting of the Constitution Committee would not take place until mid June, the Chairman had agreed that a special meeting of the Committee should be held in late April. This would enable the Committee to consider the outcome the reviews and make recommendations to Council on 14 th May. A date for the special meeting would be notified shortly. RESOLVED That the progress with the Committee’s work programme and the proposal to hold a special meeting toward the end of April be noted. The meeting commenced at 2.00 pm and concluded at 2.50 pm Councillor A Martin (Chairman) Page 3 Agenda Item 5 CHESHIRE EAST COUNCIL Constitution Committee Date of Meeting: 1st May 2014 Report of: Head of Governance and Democratic Services Subject/Title: Macclesfield Community Governance Review Update 1.0 Report Summary 1.1 The Macclesfield Community Governance Review commenced in June 2013 and is being conducted in accordance with the provisions of the Local Government and Public Involvement in Health Act 2007. The Community Governance Review Sub Committee is leading the review under delegated powers given by the Constitution Committee. 1.2 The first stage of consultation was conducted in June/ July 2013 and consisted of consultation with stakeholders and the public. The consultation focussed upon 7 different options (no change; Parish/ Town Council(s); Community Forums; Community Development Trusts; Neighbourhood Management; Residents’ and Tenants’ Organisations and Community Associations). Local organisations were contacted by letter and invited to express their views. 8 public meetings were held in each of the Borough wards, which were attended by 114 people out of a possible electorate of 39,750 (i.e. 0.3%). Publicity for the first stage of consultation included press releases to local press and media, a published public notice in the Macclesfield Express, exhibition boards at the Town Hall and distribution of information on several days within the Grosvenor Centre. A consultation feedback form was made available in hard copy and electronic formats. Information was provided on the website and in various local newsletters. Flyers and public notices were widely distributed with assistance from local ward members, the Town Centre Manager and the Local Area Partnership Team. 1.3 94 responses to the consultation were received (0.24% of the total electorate). Of these responses 68 expressed an opinion on the 7 proposed options. 46 people expressed a wish to see a Town Council; 10 people expressed a wish to see multiple parish councils; and 4 people wished to see no change. There was no demonstrable support for any of the other options of Community Forums; Community Development Trusts; Neighbourhood Management; Residents’ and Tenants’ Organisations or Community Associations. 1.4 On the basis of the feedback received, the Sub-Committee agreed that the second stage of consultation should focus upon Parishing and an Enhanced Local Service Delivery Committee. The proposal for an Enhanced Local Service Delivery Committee stemmed from discussions at the various public meetings Page 4 held during the first stage of consultation. In terms of the option for Parishing, this was put forward for further consideration, as some level of support had been demonstrated for one or more parish councils to be created. The Sub- Committee considered the communities and interests in Macclesfield, and subsequently agreed that electors in each ward should be given the opportunity to consider whether they wished to see a Single Parish / Town council created for the whole of Macclesfield, or a parish council based on their Borough Ward boundary. 2.0 Recommendations 2.1 That 1. the progress made to date with the conduct and outcome of the first stage of consultation be noted; 2. the proposed arrangements and timescale for the second stage of consultation and for the remainder of the review be noted, based on the proposed two options of Parishing and an Enhanced Local Service Delivery Committee, with Parishing comprising either a single Parish/ Town Council or 7 Parish Councils (based on existing Borough ward boundaries); 3.
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