London Borough of Lewisham Constitution Approved 26 May 2021 Published 2 CONTENTS Page Nos. PART I SUMMARY 14 PART II ARTICLES 22 Article 1 Aims and Purposes 23 Article 2 Councillors and Elections 23 Article 3 Citizens and the Council 25 Article 4 The Council 26 Article 5 Chairing the Council 29 Article 6 Overview and Scrutiny 30 Article 7 The Executive 45 Article 8 Conflict Resolution 49 Article 9 Committees 49 Article 10 Local Choice 63 Article 11 Ethics 63 Article 12 Local Assemblies/Positive Ageing Council/Public Transport Liaison Forum 64 Article 13 Joint arrangements 66 Article 14 Staff 67 Article 15 Delegating decision making 72 Article 16 Principles of decision making Including Key Decisions 72 Article 17 Finance, Contract and Legal Matters 76 Article 18 Representation & Appeal Panels 77 Article 19 SACRE 78 Article 20 Schools forum 78 Article 21 Young mayor 78 Article 22 Review of Constitution 78 Article 23 Publication, Interpretation, Suspension 79 PART III LOCAL CHOICE FUNCTIONS 81 PART IV PROCEDURE RULES – STANDING ORDERS 85 A. PURPOSE 86 B. COUNCILLORS 86 1. Term of office 86 2. Entitlement to speak and vote 86 3. Resignation 86 4. Vacation of office for non-attendance 86 5. Qualifying attendance 86 3 6. Vacation of office – executive 87 7. Qualifying attendance – executive 87 8. Declaration of vacancy 87 9. Filling of casual vacancy 87 10. Period of office 88 11. Declaration of acceptance of office 88 12. Declaration of interests 88 C COUNCIL PROCEDURE RULES 89 1 Types of meeting 89 2 Annual meeting 89 (1) Where and when (2) Business (3) Notice 3 Ordinary meetings 90 (1) Where and when (2) Business (3) Notice 4 Extraordinary meetings 91 (1) Where and when (2) Business (3) Notice and Summons 5 Notice of place of residence or alternative 92 6 Variations in order of business 93 7 Council Urgency committee 93 (1) Business (2) Who -Constitution of committee (3) Quorum (4) Reason for urgency (5) Frequency (6) Reports to full Council (7) Interregnum (8) Substitutes 8 Who presides at Council meetings? 94 9 The Mayor and Deputies at Council 95 10 Duration of Council meetings 95 11 The Quorum for Council meetings 96 12 Political Group leaders 96 4 13 Questions by the public at Council 96 meetings 14 Questions by Members at Council 98 meetings 15 Motions 100 16 Rules of Debate 103 17 Right of reply 104 18 Motions which may be moved 105 during debate 19 Closure Motions 105 20 Point of order 106 21 Personal Explanation 106 22 Voting 107 23 Minutes 108 24 Notice of Council meetings 109 25 Urgency 109 26 Record of attendance 110 27 Admission of the Public and Press 110 28 Adjournments 111 29 Disturbance and misconduct 111 30 Vacancies not to invalidate proceedings 112 31 Application of rules to committees, sub committees and the executive. 112 32 Health & Wellbeing Board 112 33 Meetings in the context of COVID 19 113 D EXECUTIVE PROCEDURE RULES 117 5 1 Terms of reference 117 2 Constitution 117 (a) Generally (b) Confirmatory hearings 3 Who may make Executive decisions 118 4 A Mayoral Scheme of Delegation 118 5 Sub-delegation of executive functions 119 6 Council scheme of delegation and 119 executive functions 7 Executive spokespersons 120 8 Assistants 120 9 Conflicts of interest 121 10 Executive meetings – where and when 121 11 Executive meetings – public or private 121 12 Quorum 122 13 How are decisions to be taken by the 122 Executive? 14 Who may attend Executive meetings? 122 15 What business to be conducted at Executive meetings? 123 16 A programme of business 123 17 Decisions at meetings of the Executive 124 18 Publication of decisions 124 19 Consultation 124 20 Who can put items on the agenda for a 125 meeting of the Executive? 21 Part year membership of the Executive 126 22 No co-optees or substitutions 126 6 23 Attendance by Executive at Overview 126 and Scrutiny meetings E OVERVIEW AND SCRUTINY PROCEDURE RULES 127 1. Arrangements for overview and scrutiny 127 2. Constitution and terms of reference 127 3. Who may sit on overview and scrutiny 127 Committees? 4. Co-optees 127 5. Education representatives 128 6. Meetings – where and when 128 7. Quorum 128 8. Who chairs overview and scrutiny 128 Committees? 9. Work programme 129 10. Agenda items 129 11. Councillor Call for Action 131 12. Duty of Executive/Council response to 131 Councillor Call for Action reports 13. Confidential and exempt information in 132 overview and scrutiny reports and responses 14. Information from reports concerning partner 133 Authorities 15. Policy review and development 133 16. Rights of overview and scrutiny committee 135 Members to documents 17. Members and officers giving account 135 18. Call-in 136 19. Call-in and urgency 138 7 20. The party whip 139 21. Procedure at overview and scrutiny 139 meetings 22 Overview & Scrutiny of Crime and Disorder Issues 140 23. Scrutiny of health matters 142 F BUDGET & POLICY FRAMEWORK PROCEDURE RULES 145 1 What is the budget and policy framework 145 2 Who decides budget and policy 145 framework 3 Process for development of budget and 145 policy framework 4 Virement 150 5 Adequacy and application of reserves 150 6 Amending the policy framework 150 7 Decisions contrary to the budget and 150 policy framework 8 Call-in of decisions outside the budget 151 or policy framework 9 Urgent decisions outside the budget 152 or policy framework G ACCESS TO INFORMATION PROCEDURE RULES 153 1 Scope 153 2 Additional rights to information 153 3 Right of public to attend meetings 153 4 Notices of meetings 153 5 Access to agenda before meeting 153 8 6 Supply of copies 154 7 Access to minutes etc. after the meeting 154 8 Background papers 154 9 Summary of public rights 155 10 Exclusion of public from meetings 155 11 Exclusion of access by the public to 156 reports 12 Application of access to information 156 rules to executive 13 Public meetings of the executive 157 14 Procedure prior to public meetings of the 157 executive 15 Reporting at public meetings of the executive 158 16 Procedure prior to private meetings of 158 executive decision making bodies 17 Key Decisions 160 18 General exception - urgency 161 19 Special urgency 161 20 Overview & Scrutiny rights in relation to the 162 key decision plan and urgency decisions 21 Right to attend and speak at meetings of the 162 executive 22 Record of decisions 163 23. Basis for consideration by executive 163 24 decisions by individual members of the 164 officers 25 Executive decisions by individual officers 165 documents 26 Access to documents following executive 166 decisions 9 27 Inspection of background papers 166 28 Members’ access to documents 166 29 Limit on rights 168 30 Confidential information, exempt information 168 and the advice of political assistant or advisor 31 Officer Decisions 168 H EMPLOYMENT PROCEDURE RULES 170 1 Declarations 170 2 Canvassing for appointment 170 3 Statement of duties for Chief Officer 170 Posts 4 Responsibility for appointment, dismissal 171 and disciplinary action below deputy chief officer 5 Meaning of disciplinary action 171 6 Recruitment and dismissal of Head of 171 Paid Service 7 The functions of the appointment & dismissal 171 of the Chief Finance Officer & the Monitoring Officer 8 Recruitment of Head of Paid Service, Chief 171 Officers & Deputy Chief Officers 9 The Director of Public Health – recruitment 172 and dismissal 10 Dismissal of Head of Paid Service, Chief 173 officers and deputy chief officers 11 Membership of committees with responsibility 174 for appointment/dismissal of Head of Paid Service, chief officers and deputy chief officers 12 Eligibility to sit on appeals committees 174 Head of Paid Service, Chief Finance Officer and Monitoring Officer 10 13 Disciplinary action against the Head of 174 Paid Service, Chief Finance officer and the Monitoring Officer 14. Involvement of members in disciplinary 175 Action below deputy chief officer 15 Political assistants 176 16 Mayor’s assistant 176 17 Pay Policy Statement 176 I CONTRACT PROCEDURE RULES 177 1. Introduction – compliance with these 177 Rules, Council Policies, Relevant Legislation & Legal Requirements 2. Where to get advice 179 3. Pre-Procurement 180 Pre-Tender Authorisations, Requirements & permissions 4. Establishing the value of the contract/ 181 Expenditure per contract 5. The Procurement Process 182 Best value competitive quotes & tenders 6. Pre-qualifications requirements/Minimum 186 Standards for Suppliers 7. Invitations to Tender 186 8. Evaluation Criteria 187 9. Terms & Conditions of Contracts 188 10. Receipt & Opening of Tenders 189 11. Evaluation of Tenders 192 12. No Material Changes to Contract Post 192 Tender 13. Contract Award - Authorisation for the 192 11 award of contracts 14. Scrutiny & standstill period 193 15. Commencement of contracts 195 16. Post Award – Contract & Risk Management 195 17. Extensions & variations of contracts & 196 Framework agreements 18. General – Exemption to the Contract 198 Procedure Rules 19. Non-compliance with these Rules 200 J COMMITTEE GENERAL RULES 201 1 Political balance 201 2 Proceedings 201 3 Sub-committees 201 4 Chairing committees 201 5 Membership of sub-committees 201 6 Discontinuance of sub committees 201 7 Quorum 201 8 Meetings open to all members of 202 the Council 9 Election of Chair and Vice Chair 202 10 Absence of the Chair 202 11 Limitation on chair/Vice Chair and 202 members of Executive 12 Limitation on membership of committees 202 13 Duties of the Chair and Vice Chair of 203 Committees 14 Special meetings 203 15 Joint meetings 204 12 16 Resignations 204 17 The proper officer 204 K FINANCIAL REGULATIONS 205