Agenda item

Report by Director of Law and Governance and Monitoring Officer

The Constitution Working Group met between November 2024 and February 2025 and has proposed amendments to the Constitution as outlined in this report.  A small number of additional changes agreed by the Audit & Governance Committee and by the Oxfordshire Health & Wellbeing Board are also included in the report.

Council is RECOMMENDED to

(a)      to approve amendments listed and tracked in Annex 1 (including Appendices 1 to 21) to the following Parts of the Council’s Constitution, as proposed by the Constitution Working Group and, in the cases of (iii), (xii), (xiv) and (xvii), as amended by the Audit & Governance Committee:

(i)               Part 1.2 How Oxfordshire County Council Operates;

(ii)             Part 1.3 Decision Making;

(iii)            Part 3.1 Council Procedure Rules;

(iv)            Part 3.1A Virtual Meeting Procedure Rules (delete);

(v)             Part 3.3 Virement Rules;

(vi)            Part 4.2 Cabinet Procedure Rules;

(vii)           Part 4.4 Delegated Decisions by Individual Cabinet Members;

(viii)          Part 4.6 Transport Advisory Panel (delete);

(ix)            Part 5.1A Regulatory and Other Committees;

(x)             Part 5.1B Health and Wellbeing Board;

(xi)            Part 6.1A Overview and Scrutiny Committees;

(xii)           Part 6.1B Oxfordshire Joint Health Overview and Scrutiny Committee;

(xiii)          Part 6.1C Buckinghamshire, Oxfordshire, Berkshire West Joint Health Overview and Scrutiny Committee Terms of Reference (new Part);

(xiv)         Part 6.2 Overview and Scrutiny Committee Procedure Rules;

(xv)          Part 6.3 Protocol on Scrutiny Participation (delete);

(xvi)         Part 7.2 Scheme of Delegation to Officers;

(xvii)        Part 8.3 Contract Procedure Rules;

(xviii)       Part 9.2 Protocol on Councillors’ Rights and Responsibilities;

(xix)         Part 9.4 Policy on IT Use by Members of the County Council (delete);

(xx)          Part 9.6 Protocol on Member-Officer Relations;

(xxi)         Part 10.1 Members’ Allowances;

(xxii)        correct erroneous references and update titles where they have changed;

(b)      to approve additional items in Annex 2 agreed by the Audit & Governance Committee;

(c)       to approve amendments in Annex 3 agreed by the Oxfordshire Health & Wellbeing Board to its Terms of Reference;

(d)      to delegate to the Director of Law & Governance and Monitoring Officer the ability to make any necessary additional changes to the Constitution to amend any inconsistencies arising from these proposed changes and where any existing drafting in the Constitution is inconsistent with the changes set out in this report and approved by Council.

Council had before it a report and recommendations on proposed amendments to the Council’s constitution. The cross-party Constitution Working Group had proposed a number of changes to the Constitution  which had been reviewed by the by the Audit & Governance Committee at its meeting on 12 March 2025. The Oxfordshire Health & Wellbeing Board at its meeting on 13 March 2025 agreed further amendments to its Terms of Reference to reflect changes to the operating model and staffing structure of the Buckinghamshire, Oxfordshire and Berkshire West Integrated Care Board (BOB ICB).

The report was moved by Councillor Ted Fenton and seconded by Councillor Roz Smith.

The following amendment to the recommendations was proposed by Councillor Phillips and seconded by Councillor Baines:-

“Part 4.2 Cabinet Procedure Rules

Rights of Members to speak 4.1 which refers to Part 9.2 of the Constitution ‘ Protocol on Councillors’ Rights and Responsibilities’

Part 9.2 of the Constitution Para 3 to be amended to include

‘All other members may request by 9.00 a.m. on third working day before the meeting to speak on a matter under consideration at meetings of the Cabinet or any committee of the Cabinet or when an individual member of the Cabinet is taking decisions in accordance with the rules of the Constitution and agreement to speak will be at the discretion of the Chair. Consideration will also be made for the relevant local member to speak if a matter under consideration relates to a specific Division. This request will be made by 9.00 am on the third working day before the meeting and shall not exceed 3 minutes.’

Following debate, the amendment was lost with 17 votes in favour, 1 abstention and 32 against.

Following further debate, the recommendations were approved unanimously.

RESOLVED to:

(a)           to approve amendments listed and tracked in Annex 1 (including Appendices 1 to 21) to the following Parts of the Council’s Constitution, as proposed by the Constitution Working Group and, in the cases of (iii), (xii), (xiv) and (xvii), as amended by the Audit & Governance Committee:

(i)                Part 1.2 How Oxfordshire County Council Operates;

(ii)              Part 1.3 Decision Making;

(iii)             Part 3.1 Council Procedure Rules;

(iv)             Part 3.1A Virtual Meeting Procedure Rules (delete);

(v)              Part 3.3 Virement Rules;

(vi)             Part 4.2 Cabinet Procedure Rules;

(vii)           Part 4.4 Delegated Decisions by Individual Cabinet Members;

(viii)         Part 4.6 Transport Advisory Panel (delete);

(ix)             Part 5.1A Regulatory and Other Committees;

(x)              Part 5.1B Health and Wellbeing Board;

(xi)             Part 6.1A Overview and Scrutiny Committees;

(xii)           Part 6.1B Oxfordshire Joint Health Overview and Scrutiny Committee;

(xiii)         Part 6.1C Buckinghamshire, Oxfordshire, Berkshire West Joint Health Overview and Scrutiny Committee Terms of Reference (new Part);

(xiv)         Part 6.2 Overview and Scrutiny Committee Procedure Rules;

(xv)           Part 6.3 Protocol on Scrutiny Participation (delete);

(xvi)         Part 7.2 Scheme of Delegation to Officers;

(xvii)        Part 8.3 Contract Procedure Rules;

(xviii)      Part 9.2 Protocol on Councillors’ Rights and Responsibilities;

(xix)         Part 9.4 Policy on IT Use by Members of the County Council (delete);

(xx)           Part 9.6 Protocol on Member-Officer Relations;

(xxi)         Part 10.1 Members’ Allowances;

(xxii)        correct erroneous references and update titles where they have changed;

(b)           to approve additional items in Annex 2 agreed by the Audit & Governance Committee;

(c)           to approve amendments in Annex 3 agreed by the Oxfordshire Health & Wellbeing Board to its Terms of Reference;

(d)           to delegate to the Director of Law & Governance and Monitoring Officer the ability to make any necessary additional changes to the Constitution to amend any inconsistencies arising from these proposed changes and where any existing drafting in the Constitution is inconsistent with the changes set out in this report and approved by Council.