Agenda item

Following the re-establishment of the Constitution Working Group (CWG), four meetings have been undertaken with the CWG to discuss proposed changes and improvements to the Constitution. Meetings of the CWG were held on 2
February, 6 March, 16 and 28 April 2026, respectively.

This report sets out the findings and conclusions of those discussions and requests Audit and Governance Committee to recommend to Council the formal adoption of the changes to the Council’s Constitution, as set out in Appendices 1 and 2.

The Audit and Governance Committee is RECOMMENDED to:

a)    Endorse the proposed amendments to the Council’s Constitution as recommended by the Constitution Working Group;

b)    Recommend Council to formally approve the proposed changes to the Council’s Constitution and to request the Director of Law and Governance and Monitoring Officer to ensure the necessary changes are made; and

c)    Note that following changes to the Senior Management Structure further amendments are being made to the Officer Scheme of Delegation to reflect the new structure. These amendments will be completed prior to the Council meeting scheduled for 30 June 2026.

The Director of Law and Governance and Monitoring Officer introduced the principal report and its addendum.

Councillor Stefan Gawrysiak, Chair of the Constitution Working Group, thanked the members of the Constitution Working Group, especially Councillor Brad Baines, and the Chair of Audit and Governance, the Chief Governance Office, and the Director of Law and Governance and Monitoring Officer for their work in this area.

The Chief Governance Officer introduced each Appendix in turn.

Appendix 1, Changes to the Constitution

Members noted with approval Change No. 23 concerning ‘Questions on Notice at Full Council’. ‘It should be noted that the Chair has the discretion to group similar questions together. Where this happens the order in which the questions are listed and asked may vary from the order in which they were received.’

Additionally, in relation to Change No. 63 concerning ‘The Oxfordshire Join Health Overview and Scrutiny Committee’ (HOSC), members asked about plans for a Thames Valley Joint HOSC and noted that the Director of Law and Governance and Monitoring Officer had leave to change names in the constitution as and when required.

Appendix 1, Annex 1, Oxfordshire Shareholder Committee

There was nothing to note.

Appendix 1, Annex 2, Contract Procedure Rules

In relation to Chapter 3, Paragraph 5.4 concerning the ‘Procurement Process and Thresholds’, members asked whether the relevant Cabinet Member should be involved by default in contracts valued between £25,000 (excl. VAT) and the current Procurement Act Threshold. The Director of Law and Governance and Monitoring Officer said that they could be involved, not by default.

Secondly, in relation to Paragraph 9.1 concerning ‘Terms and Conditions of Contracts’, members asked why these would now apply to contracts with a value of £50,000 rather than £25,000 (excl. VAT) as before. The Director of Law and Governance and Monitoring Officer said that this was to ensure that service areas were involved at the point they could add value; principal solicitors had recommended it.

Thirdly, in relation to Paragraph 9.5 concerning ‘Protocol on Member/Officer Relations’, members noted a typo in the last sentence, which read, ‘If in doubt, officers should seek the express concern of the member concerned.’ The Chief Governance Officer apologised and said that he would correct this.

Appendix 2, Changes to the Constitution

In relation Change No. 4, members asked if it would be possible to have a new leader appointed at the same meeting that Council is notified of a vacancy. They also asked if it would be possible for a leadership election to take place at an Annual Council Meeting. The Director of Law and Governance and Monitoring Officer advised that she would consult on this and report back accordingly.

Members noted the supplementary document containing revised recommendations.

RESOLVED to:

a)    Approve the proposed amendments to the Council’s Constitution as recommended by the Constitution Working Group;

b)    Recommend Council to formally approve the proposed amendments to the Council’s Constitution, as set out in Appendices 1 and 2 (attached to the covering report) and to request the Director of Law and Governance and Monitoring Officer to complete the necessary amendments to the Constitution as set in Appendix 1;

c)    Recommend Council to approve the additional changes, including the amendments to the Officer Scheme of Delegation to reflect the new management structure, as set out in Appendix 3 (attached to the Addendum Report); and

d)    Note that Council on 30 June 2026 will be requested to formally adopt the amendments to the Constitution as recommended by the Audit and Governance Committee.