The Constitution

The Council's Constitution contains the rules and procedures for making decisions and managing the Council's business.  In the Constitution you will find information on the committee structure, its procedures, the rights given to individual officers and members to make decisions, the standards of conduct expected and the allowances paid to members.

The Constitution is a large document which has been divided into a number of sections (see below).

SECTION 1 - Introduction

  • Introduction
    • 1.1 Purpose and Content of the Constitution
    • 1.2 How the Council Operates

SECTION 2 - Purpose, definition interpretation and amendment of the constitution

  • Purpose, definition interpretation and amendment of the constitution
    • 2.1 Purpose of the Constitution
    • 2.2 Definitions in the Constitution
    • 2.3 Interpretation of the Constitution
    • 2.4 Duty to Monitor and Review the Constitution
    • 2.5 Protocol for Monitoring and Review of Constitution by Monitoring Officer
    • 2.6 Changes to the Constitution
    • 2.7 Suspension of the Constitution
    • 2.8 Publication

SECTION 3 - Getting information and getting involved

SECTION 4 - Full Council

  • Full Council
    • 4.1 Introduction
    • 4.2 The Policy Framework
    • 4.3 The Single Integrated Plan
    • 4.4 The Budget
    • 4.5 Housing Land Transfer
    • 4.6 Functions of the Full Council
    • 4.7 Membership
    • 4.8 Council Meetings
    • 4.9 Rules of Procedure and Debate
    • 4.10 Council Procedure Rules - Annual Meeting of the Council
    • 4.11 Ordinary Meetings
    • 4.12 Extraordinary Meetings
    • 4.13 Time, Place and Duration of Meetings
    • 4.14 Notice of and Summons to Meetings
    • 4.15 Chair of Meeting
    • 4.16 Quorum
    • 4.17 Remote Attendance
    • 4.18 Questions by the Public
    • 4.19 Questions by Members
    • 4.20 Motions on Notice
    • 4.21 Motions without Notice
    • 4.22 Rules of Debate
    • 4.23 State of the County Debate
    • 4.24 Previous Decisions and Motions
    • 4.25 Voting
    • 4.26 Minutes
    • 4.27 Record of Attendance
    • 4.28 Exclusion of Public
    • 4.29 Members’ Conduct
    • 4.30 Disturbance by Public
    • 4.31 Use of Social Media During Meetings
    • 4.32 Suspension and Amendment of Council Procedure Rules
    • 4.33 Interpretation
    • 4.34 Application to Committees and Sub-Committees

SECTION 5 - The Cabinet

  • The Cabinet
    • 5.1 Introduction
    • 5.2 Form and Composition of the Cabinet
    • 5.3 Leader
    • 5.4 Deputy Leader
    • 5.5 Other Cabinet Members
    • 5.6 Delegation of Functions
    • 5.7 Rules of Procedure and Debate
    • 5.8 Cabinet Procedure Rules
    • 5.9 How are Cabinet Meeting Conducted
    • 5.10 Disturbance by the Public and Use of Social Media

SECTION 6 - The Leader

  • The Leader
    • 6.1 Election
    • 6.2 Term of Office
    • 6.3 Resignation, Dismissal, Disqualification and Suspension
    • 6.4 Deputy Leader
    • 6.5 Functions and Delegated Authority

SECTION 7 - Scrutiny Committees

  • Scrutiny Committees
    • 7.1 Introduction
    • 7.2 Scrutiny Committees
    • 7.3 Role, Scope and Membership
    • 7.4 Specific Functions
    • 7.5 Head of Democratic Services
    • 7.6 Who May Sit on Scrutiny Committees
    • 7.7 Co-Optees
    • 7.8 Education Representatives
    • 7.9 Who Chairs
    • 7.10 Role of the Chair and the Scrutiny Committees
    • 7.11 Work Programme
    • 7.12 Meetings
    • 7.13 Joint Overview and Scrutiny Committees
    • 7.14 Rules of Procedure and Debate
    • 7.15 What will be the Number and Arrangements for Scrutiny Committees
    • 7.16 Meetings of the Scrutiny Committees
    • 7.17 Quorum
    • 7.18 Agenda Items
    • 7.19 Policy Review and Development
    • 7.20 Reports from the Scrutiny Committees
    • 7.21 Making sure that Overview and Scrutiny Reports are considered by the Cabinet
    • 7.22 Rights of Members of the Scrutiny Committees to Documents
    • 7.23 Members and Officers Giving Account
    • 7.24 Attendance by Others
    • 7.25 Call-In
    • 7.26 The Party Whip
    • 7.27 Procedure at Scrutiny Committee Meetings
    • 7.28 Matters within the Remit of more than one Scrutiny Committee
    • 7.29 Councillor Call for Action
    • APPENDIX 1
    • APPENDIX 2
    • APPENDIX 3

SECTION 8 - The Standards Committee

  • The Standards Committee
    • 8.1 Membership
    • 8.2 Term of Office
    • 8.3 Quorum
    • 8.4 Voting
    • 8.5 Chairing the Committee
    • 8.6 Role and Function
    • 8.7 Work Programme
    • 8.8 Rules of Procedure and Debate

SECTION 9 - Regulatory Committees

  • Regulatory Committees
    • 9.1 Regulatory and Other Committees
    • 9.2 The Audit Committee
    • 9.3 The Democratic Services Committee
    • 9.4 The Planning Committee
    • 9.5 The Central Licensing Committee
    • 9.6 The General Licensing Committee
    • 9.7 The Language Committee
    • 9.8 The Chief Officers’ Appointments Committee
    • 9.9 The Employment Appeals Committee
    • 9.10 The Pensions Committee
    • 9.11 Other Committees and Sub-Committees
    • 9.12 Rules of Procedure and Debate

SECTION 10 - Joint Committees

  • Joint Committees
    • 10.1 Introduction
    • 10.2 Arrangements to Promote Wellbeing
    • 10.3 Joint Arrangements
    • 10.4 Access to Information
    • 10.5 Delegation to and from Other Local Authorities
    • 10.6 Contracting Out

SECTION 11 - Officers

  • Officers
    • 11.1 Management Structure
    • 11.2 Functions of the Head of Paid Service
    • 11.3 Functions of the Monitoring Officer
    • 11.4 Functions of the Chief Finance Officer
    • 11.5 Functions of the Head of Democratic Services
    • 11.6 Duty to Provide Sufficient Resources to the Head of Paid Service, Monitoring Officer, Chief Finance Officer and Head of Democratic Services
    • 11.7 Conduct
    • 11.8 Employment
    • 11.9 Remuneration of Chief Officers
    • 11.10 Officer Employment Procedure Rules

SECTION 12 - Finance contracts and legal matters

SECTION 13 - Responsibility for functions – Summary

  • Responsibility for functions – Summary
    • 13.1 Who can be Decision Makers?
    • 13.2 Principles of Decision Making
    • 13.3 
    • 13.4 Other Bodies
    • 13.5 Who Decides – Non-Executive Functions?
    • 13.6 Who Decides – Executive Functions?
    • 13.7 Removal of Delegation
    • 13.8 Who May Exercise Officer Delegations?
    • APPENDIX 1
    • APPENDIX 2
    • APPENDIX 3

SECTION 14 - Access to information procedure rules

  • Access to information procedure rules
    • 14.1 Scope
    • 14.2 Additional Rights to Information
    • 14.3 Rights to Attend Meetings
    • 14.4 Notices of Meeting
    • 14.5 Access to Agenda and Reports Before the Meeting
    • 14.6 Supply of Copies
    • 14.7 Access to Minutes etc after the Meeting
    • 14.8 Background Papers
    • 14.9 Summary of Public’s Rights
    • 14.10 Exclusion of Access by the Public to Meetings
    • 14.11 Public Interest Test
    • 14.12 Exclusion of Access by the Public to Reports
    • 14.13 The Forward Work Programme
    • 14.14 Consultation on Proposals to be Considered by the Cabinet
    • 14.15 Record of Decisions of the Cabinet
    • 14.16 Decisions by An Individual Member of the Cabinet
    • 14.17 Scrutiny Committees and Members’ Access to Documents
    • 14.18 Additional Rights of Access for Members of Scrutiny Committees

SECTION 15 - Budget and policy framework procedure rules

  • Budget and policy framework procedure rules
    • 15.1 The Framework for Executive Decisions
    • 15.2 Process for Developing the Framework
    • 15.3 Process for Developing the Budget
    • 15.4 Decisions Outside the Budget or Policy Framework
    • 15.5 Urgent Decisions Outside the Budget or Policy Framework
    • 15.6 Virement
    • 15.7 In-Year Changes to Policy Framework
    • 15.8 Call-In of Decisions Outside the Budget or Policy Framework

SECTION 16 - Financial procedure rules

  • Financial procedure rules
    • 16.1 Introduction
    • 16.2 functions and responsibilities
    • 16.3 Treatment of Year-End Balances
    • 16.4 Accounting Policies
    • 16.5 Accounting Records and Returns and the Annual Statement of Accounts
    • 16.6 Budgeting
    • 16.7 Scheme of Virement
    • 16.8 Maintenance of General Reserves
    • 16.9 Risk Management
    • 16.10 Insurance
    • 16.11 Internal Controls
    • 16.12 Internal Audit
    • 16.13 External Audit
    • 16.14 Preventing Fraud and Corruption
    • 16.15 Assets
    • 16.16 Treasury Management
    • 16.17 Staffing
    • 16.18 Protection of Personal Property
    • 16.19 General
    • 16.20 Income
    • 16.21 Taxation
    • 16.22 Unofficial Funds
    • 16.23 Partnerships
    • 16.24 Grants and Other External Funding

SECTION 17 - Contract standing orders and procurement rules

  • Contract standing orders and procurement rules
    • 17.1 Introduction
    • 17.2 Definitions and Interpretations
    • 17.3 Compliance with these Rules
    • 17.4 Exceptions to the Rules
    • 17.5 Council-Wide Framework Arrangements
    • 17.6 Estimating the Contract Value
    • 17.7 Contracts Under £50,000 (Quotations)
    • 17.8 Contracts Valued Above £50,000 (Tenders)
    • 17.9 Contracts to which the European Union Procurement Directives Apply
    • 17.10 Consultants
    • 17.11 Nominated and Named Sub-Contractors
    • 17.12 Pre Qualification (Applies to All)
    • 17.13 The Invitation to Tender
    • 17.14 Tenderiing Procedure (Open Procedure)
    • 17.15 Tendering Procedure (Restricted Procedure)
    • 17.16 Tendering Procedure (Negotiated Procedure)
    • 17.17 Extensions to Contracts
    • 17.18 Tendering Procedure (Competitive Dialogue)
    • 17.19 Receipt, Custody and Opening of Tenders
    • 17.20 Electronic Tendering
    • 17.21 Tender Evaluation
    • 17.22 Evaluation Team
    • 17.23 Risk
    • 17.24 Approved List
    • 17.25 Awarding Contracts
    • 17.26 Notification of Results and De-Briefing Alcatel Standstill Period
    • 17.27 Completion of Contracts
    • 17.28 Contract Management
    • 17.29 Waivers of Contract Procedure Rules

SECTION 18 - Members' code of conduct

  • Members' code of conduct
    • 18.1 The Principles
    • 18.2 Interpretation
    • 18.3 General Provisions
    • 18.4 Interests
    • 18.5 The Register of Members' Interests
    • APPENDIX 1
    • APPENDIX 2

SECTION 19 - Planning code of practice

  • Planning code of practice
    • 19.1 Introduction
    • 19.2 General Roles, Responsibilities and Conduct
    • 19.3 Pre-Applicaton/Decision and Enforcement Discussions
    • 19.4 Planning Applications Submitted by Members Community/Town Councils and Officers
    • 19.5 Planning Applications Submitted by the Council
    • 19.6 Officers' Reports to the Planning Committee
    • 19.7 Site Inspection
    • 19.8 Appeals Against Council Decisions
    • APPENDIX

SECTION 20 - Code of conduct for employees

  • Code of conduct for employees
    • 20.1 General Principles
    • 20.2 Accountability
    • 20.3 Political Neutrality
    • 20.4 Relations with Members, the Public and Other Employees
    • 20.5 Equality
    • 20.6 Stewardship
    • 20.7 Personal Interests
    • 20.8 Whistleblowing
    • 20.9 Treatment of Information
    • 20.10 Appointment of Staff
    • 20.11 Investigations by Monitoring Officers

SECTION 21 - Protocol on member / officer relations

  • Protocol on member / officer relations
    • 21.1 Introduction
    • 21.2
    • 21.3
    • 21.4
    • 21.5 Roles of Members
    • 21.6 Conduct of Members
    • 21.7 Roles of Employees
    • 21.8 Conduct of Employees
    • 21.9 Respect and Courtesy
    • 21.10 Provision of Advice and Information to Members
    • 21.11 Confidentiality
    • 21.12 Provision of Support Services to Members
    • 21.13 The Council’s Role as Employer
    • 21.14 Political Activity21.15 Sanctions
    • 21.16 Conclusion

SECTION 22 - Whistleblowing Policy

  • Whistleblowing Policy
    • 22.1 Policy Statement
    • 22.2 Persons to whom the Policy Applies
    • 22.3 Aims
    • 22.4 Scope
    • 22.5 The Whistleblowing Procedure
    • 22.6 Prevention of Reprisal, Victimisation or Harassment
    • 22.7 Confidentiality
    • 22.8 False and Malicious Allegations
    • 22.9 How the Matter can be Taken Further
    • 22.10 External Disclosures
    • 22.11 Responsible Officer
    • RELEVANT LEGISLATION

 

If you have any questions or observations on the Constitution, contact the Monitoring Officer: IwanGDEvans@gwynedd.llyw.cymru