To elect a Chair for the remainder of the 2011/12 Municipal Year (Independent Member)

RESOLVED

that Ken Emmons be elected Chair for the remainder of the Municipal Year.

Apologies were received from Angela Bailey

There were no disclosures of interest.

To approve for signature the minutes of the meeting held on 2^nd March 2011.

(All minutes are published on the Council’s website)

The minutes of the meeting held on 2^nd March 2011 were submitted and signed.

Report of the Head of Legal & Property Services

The Localism Act received Royal Assent on 15 November 2011. Whilst the provisions in the Act in relation to standards had not yet been brought into force, it was considered timely to advise members of the provisions of the Act and to start to prepare for the new regime.

The Head of Legal & Property Services presented a report setting out the requirements of the Act and making a number of recommendations that would need to be considered by both the Constitution Working Party and Council.

She explained that the Localism Act 2011 made fundamental changes to the system of regulation of standards of conduct for elected and co-opted Councillors. The date for implementation of these changes was proposed to be 1^st July 2012.

The current ten General Principles and Model Code of Conduct would be repealed and Members would no longer have to give an undertaking to comply with the Code of Conduct. The Council would, however, be required to adopt a new Code of Conduct governing elected and co-opted Member’s conduct when acting in that capacity.

Regulations to be made under the Act would required the registration and disclosure of “Disclosable Pecuniary Interests” (DPIs) which were expected to broadly equate to the current prejudicial interests. The provisions of the Act also required an authority’s code to contain appropriate requirements for the registration (and disclosure) of other pecuniary interests and non-pecuniary interests. It was not possible to draft Code provisions until the regulations were available. This committee was therefore being asked to instruct the Head of Legal and Property to prepare a draft Code which required registration and disclosure of those interests which would today amount to personal and/or prejudicial interests but only require withdrawal as required by the Act for DPIs.

The Act required the Council to adopt “arrangements” for dealing with complaints of breaches of the code. The arrangements had to include provision for the appointment of at least one Independent Person.

The Head of Legal & Property Services went on to explain that non declaration of DPIs would become a criminal offence; approval of a prosecution would, however,  have to be made by the Attorney General. She also advised that the future composition of the Standards Committee would be governed by proportionality unless Council voted otherwise with no member voting against. The current co-opted members would also cease to hold office and would appear from the drafting of the Act to be ineligible to be appointed as the Independent Person.

The Act did not give the Council or its Standards Committee any powers to impose sanctions so where a failure to comply with the code was found, the range of actions which could be taken was limited and had to be directed at securing the continuing ability of the authority to continue to discharge its functions effectively, rather than “punishing” the member concerned. The report contained a number of possible suggestions.

There was no requirement to put in place any  ...  view the full minutes text for item 5.