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You are here: Home | Council, government and democracy | Democratic Information | Policies | Constitution | Part 2 - Articles of the Constitution | Article 15 - Suspension, Interpretation and Publication of the Constitution

Article 15 - Suspension, Interpretation and Publication of the Constitution

15.01 Suspension of the Constitution

(a) Limit to suspension. The Articles of this 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 to suspend any rules will not be moved without notice unless at least one half of the whole number of councillors are present. The extent and duration of suspension will be proportionate to the result to be achieved, taking account of the purposes of the Constitution set out in Article 1.

(c) Rules capable of suspension. The following Rules may be suspended:

  • Financial Procedure Rules

  • Contract Procedure Rules

  • The Council Procedure Rules except:

    • Rule 1.1(i) (Election of person to preside at Annual meeting if Chairman of Council not present)

    • Rule 1.1(ii) (Election of Chairman)

    • Rule 1.1(iii) (Declaration of Interests)

    • Rule 1.1(v) (Minutes)

    • Rule 1.1(xi) (Election of Leader)

    • Rule 2(i) (Election of person to preside at Ordinary meeting if Chairman and Vice Chairman not present)

    • Rule 2(ii) (Minutes)

    • Rule 2(iii) (Declaration of Interests)

    • Rule 3.1 (Calling of extraordinary and special meetings)

    • Rule 5.0 (Notice and Summons)

    • Rule 6 (Chairman of meeting)

    • Rule 7 (Quorum)

    • Rule 10.4 (Notice of questions under Rule 10.2 and 10.3)

    • Rule 10.8 (a) - (g) (Questions without notice to Cabinet members)

    • Rule 12 (Motions)

    • Rule 12.4 (Motion to rescind a previous decision)

    • Rule 12.5 (Motion similar to one previously rejected)

    • Rule 13 (Amendments to Motions)

    • Rule 16.1 (Voting)

    • Rule 16.2 (Chairman's casting or second vote)

    • Rule 16.3 (Show of hands)

    • Rule 16.4 (Recorded vote)

    • Rule 16.5 (Right to require individual vote to be recorded)

    • Rule 17.2 (No requirement to sign minutes of previous meeting at extraordinary meeting)

    • Rule 19 (Exclusion of the Press and Public)

15.02 Interpretation

The ruling of the Chairman of Council 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.

15.03 Publication

(a) The Head of Customer, Legal & Member Services will give a printed copy of this Constitution to each member of the authority upon delivery to him/her of that individual's declaration of acceptance of office on the member first being elected to the Council.

(b) The Head of Customer, Legal & Member Services will ensure that copies are available for inspection at the Council Offices and other appropriate locations, and can be purchased by members of the local press and the public on payment of a reasonable fee (currently £10 - however, an electronic copy is available free of charge on request).

(c) The Head of Customer, Legal & Member Services will ensure that the summary of the Constitution is made widely available within the area and is updated as necessary.

 
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