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Article 16 – SUSPENSION, INTERPRETATION AND
PUBLICATION OF THE CONSTITUTION
16.1 Suspension of the Constitution
(a) Limit to Suspension
The Articles of the Constitution may not be suspended. The Rules specified below may be suspended by the full Council to the extent permitted within those Rules and the law.
(b) Procedure to Suspend
A motion without notice to suspend any Rule will not be successful unless at least two-thirds of the Members present at the meeting so determine. The extent and duration of suspension will be proportionate to the result to be achieved, taking account of the purposes of the Constitution which are set out in Article 1.
(c) Rules Capable of Suspension
The following Rules may be suspended in accordance with Article 16.1, namely all the Council Procedure Rules set out in Part 4 of this Constitution except Rule 32 (accuracy of minutes) and Rule 43(6) (recording of individual votes).
16.2 Interpretation
The ruling of the Mayor as to the construction or application of this Constitution or as to any proceedings of the Council shall not be challenged at any meeting of the Council. Such interpretation will have regard to the purposes of this Constitution contained in Article 1. The Mayor will rule having taken the advice of the Chief Executive or his or her representative as to the construction or application of any of the Rules.
The Monitoring Officer will give a printed copy of this Constitution to each Member of the Council upon delivery to the Chief Executive of that individual’s declaration of acceptance of office on the Member first being elected to the Council.16.3 Publication
The Monitoring Officer will ensure that copies are available for inspection at Council offices, libraries and other appropriate locations, including in electronic form on the Council’s Web site. Copies can be purchased by members of the local press and the public on payment of a fee agreed by the Council.
The Monitoring Officer will ensure that the summary of the Constitution is made widely available within the area and is updated as necessary."
Note: Part 2 was amended on 20 November 2007 to reflect the Council’s new Overview and Scrutiny structure.
Schedule 1 DESCRIPTION OF EXECUTIVE ARRANGEMENTS
THE FOLOWING PARTS OF THIS CONSTITUTION CONSTITUTE THE EXECUTIVE ARRANGEMENTS:
1. Article 6 (Overview Panels and Scrutiny Panels) and Overview and Scrutiny Procedure Rules;
2. Article 7 (the Cabinet) and the Executive Procedure Rules;
3. Article 10 (Area Forums);
4. Article 11 (Joint Arrangements) – between the Council and other organisations including those that have functions delegated to them by the Cabinet;
5. Article 13 (Responsibility for Decision making) and the Access to Information Procedure Rules;
6. Part 3 (Responsibility for Functions).
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