Constitution - Article 11 - Finance, contracts and legal matters

ARTICLE 11 – FINANCE, CONTRACTS AND LEGAL MATTERS

Financial management

11.1 The management of the Council’s financial affairs will be conducted in accordance with the Financial Procedures Rules set out in Part 3 of this Constitution.

Contracts

11.2 Every contract made by the Council will comply with the Contracts Procedure Rules set out in Part 3 of this Constitution.

Legal proceedings by and against the Council

11.3 The Chief Executive is authorised to institute, defend or participate in any legal proceedings and take all necessary steps in any case where such action is necessary to give effect to decisions of the Council or in any case where legal opinion considers that such action is necessary to protect the Council’s interests.

Authentication of documents

11.4 Where any document will be a necessary step in legal proceedings on behalf of the Council it shall be signed by the Clerk and Chief Executive unless any enactment otherwise requires or authorises, or the Council gives the necessary authority to some other person for the purpose of such proceedings.

Common Seal of the Council

11.5 The Common Seal of the Council shall be kept secure in the custody of the Clerk and Chief Executive.

11.6 The Common Seal of the Council shall not be affixed to any documents unless the sealing has been authorised by a resolution of Council or of a Committee of Council having lawful powers or to which Council has delegated its powers in this behalf, authorising the acceptance of any tender, purchase, sale, letting or taking of any property the issue of any stock, the presentation of any petition, memorial, or address, the making of any rate or contract, or the doing of any other thing, shall be a sufficient authority for the sealing of any document necessary to give effect to the Resolution.

11.7 The affixing of the seal shall be attested by the Mayor or Deputy Mayor or relevant Chair and the Clerk and Chief Executive or Director.

11.8 An entry of the sealing of every deed and other document to which the Corporate Seal shall have been affixed shall be made in the Minutes of the Meeting of the Council at which the affixing of the Seal took place.

ARTICLE 12 - REVIEW AND REVISION OF THE CONSTITUTION

Duty to keep the Constitution up to date

12.1 The Chief Executive will monitor and review the operation of the Constitution to ensure that the aims and principles of the Constitution are given full effect.

12.2 Council will be provided with an annual report on the effectiveness of the Constitution and decision-making structure.

Changes to the Constitution

12.3 All proposed changes to the Constitution will be debated and agreed by a majority of the Council.

ARTICLE 13 – SUSPENSION, INTERPRETATION AND PUBLICATION OF THE CONSTITUTION

Suspension of the Constitution

13.1 The Articles of this Constitution may not be suspended.

The Procedure Rules specified below may be suspended by the full Council to the extent permitted within those Procedure Rules and the law.

Procedure to suspend

13.2 A motion to suspend any Procedure Rules will not be moved without notice unless at least one-half of the total number of councillors is present.

The extent and duration of suspension will be proportionate to the result to be achieved, taking account of the statements of purpose of the Constitution set out in Article 1.

Procedure Rules capable of suspension

13.3 The following Procedure Rules may be suspended in accordance with Article 13.1.

Interpretation

13.4 The ruling of the Mayor in relation to the interpretation 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 purpose of this Constitution contained in Article 1.

Publication

13.5 An electronic copy of this Constitution will be given to each member of the Council upon delivery to the clerk to the Council of that individual’s declaration of acceptance of office on the member first being elected to the Council.