Constitution

The powers, functions and responsibilities of Mid and East Antrim Borough Council.

A copy of the information published below is also available as a downloadable document (PDF 444KB)

Part 1 - The Constitution

Introduction

Mid and East Antrim Borough Council has agreed a constitution which sets out how the Council operates, how decisions are made and the procedures which are followed to ensure that these are efficient, transparent and accountable to local people.

Some of these processes are required by the law, while others are a matter for the Council to choose.

The constitution is divided into 13 articles which set out the basic rules governing the Council’s business.

More detailed procedures and codes of practice are provided in separate rules and protocols at Parts 2 to 6 of the Constitution.

What’s in the Constitution?

Article 1 of the Constitution sets out the purpose of the Constitution.

Articles 2 – 13 explain how the key parts of the Council operate, and the rights of citizens.

These Articles are:

Article 1	The Constitution The powers of the Council and the purpose of the Constitution
Article 2	Members of the Council The composition of the Council, the roles and functions of all councillors, conduct and the scheme of allowances
Article 3	Citizens and the Council The rights and responsibilities of citizens
Article 4	The Council The policy and budget framework within which the Council operates, the functions for the Council and responsibility for functions.
Article 5	Chairing the Council The role of the Mayor.
Article 6	Decision–making structures Details of the decision-making structure adopted by the Council.
Article 7	Committees The arrangements adopted by council for the discharge of functions by committees.
Article 8	Joint Arrangements The operation of any joint committees.
Article 9	Officers The Council’s management structure, the functions of chief officers, conduct and employment.
Article 10	Procedures for decision-making Responsibility for decision-making, principles of decision-making, the role of Council and committees.
Article 11	Finance, Contracts and Legal Matters The Council’s arrangements for the conduct of financial matters, the making of contracts and the handling of legal matters.
Article 12	Review and Review of the Constitution The arrangements for the review and revision of the Constitution.
Article 13	Suspension, Interpretation and Publication of the Constitution Matters relating to the suspension of the Constitution, its interpretation and publication.

How the Council operates

The Council is composed of 40 councillors elected every four years.

Councillors have to agree to follow a Code of Conduct to ensure high standards in the way they undertake their duties.

The Code of Conduct for Members is set out at Part 4, Annex J of the Constitution.

All 40 councillors meet together as the Council at least every six weeks. Meetings of the Council are normally open to the public.

How decisions are made

The Council’s Staff

The Council has people working for it (called ‘officers’) to give advice, implement decisions and manage the day-to-day delivery of its services.

Some officers have a specific duty to ensure that the Council acts within the law and uses its resources wisely.

The Employee and Councillor Working Relationship Protocol which is set out at Part 4 Annex L of the Constitution governs the relationships between officers and members of the council.

Citizens’ Rights

Citizens have a number of rights in their dealings with the Council.

These are set out in more detail in Article 3.

Some of these are legal rights, whilst others depend on the Council’s own processes.

Citizens have the right to:

Contact their local councillor about any matters of concern to them;
Obtain a copy of the Constitution;
Attend meetings of the Council and its committees and public meetings except where, for example, personal or confidential matters are being discussed;
Inspect agendas and reports except those which contain, for example, personal and confidential matters;
See reports and background papers, and any record of decisions made by the Council and its Committees;
Exercise their rights under the Freedom of Information Act 2000 and the Environmental Information Regulations 2004 to obtain information held by the Council;
Complain to the Council under the Council’s own complaints process;
Complain to the NI Public Service Ombudsman if they think the Council has not followed its procedures properly. However, they should only do this after using the Council’s own complaints process;
Complain to the NI Local Government Commissioner for Standardsif they believe a Councillor has breached the Councillors’ Code of Conduct;
Inspect the Council’s accounts and make their views known to the Local Government Auditor.

The Council welcomes participation by all its citizens in its work.

Civic and Ceremonial