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Part 2 - Articles of the Constitution

Below are the articles of the Constitution.

15.01    Duty to monitor and review the Constitution

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

15.02    Changes to the Constitution

15.02.1  Changes to the Constitution will generally only be made by the full Council and Cabinet on the recommendation of the Constitution Committee. The Monitoring Officer may make changes to any part of the Constitution:

  1. If they consider it necessary to comply with the law;
  2. To secure the convenient, efficient and effective discharge of any function; or
  3. To give effect to any decision of the full Council or Cabinet.

15.02.2  If the Monitoring Officer takes action in accordance with 15.02.1, 1 or 2 above in respect of an executive function, it shall be reported to and ratified by the Cabinet and reported to the Constitution Committee;

15.02.3  If the Monitoring Officer takes action in accordance with 15.02.1, 1 or 2 above in respect of a non-executive function, it shall be reported to the Constitution Committee and reported to and ratified by the full Council;

15.02.4  If the Monitoring Officer takes action in accordance with 15.02.1, 3 above in respect of an executive function, it shall be reported to the Constitution Committee.

15.03    Changes to the governance arrangements

Changes to the law introduced by the Localism Act mean that there is no longer an automatic requirement for a referendum before a change to the Council’s governance arrangements. Thus, the Council may change from executive arrangements to a committee system or change from a Leader and Cabinet executive to a Mayor and Cabinet executive by passing a resolution to that effect. This applies unless the Secretary of State has made an Order requiring the Council to hold a referendum on whether it should operate a Mayor and Cabinet executive. The resolution itself may provide that the proposed change be subject to approval in a referendum.

Page updated: 02/10/2020 Page updated by: Gloucestershire County Council

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