Housing and New Homes Committee

Agenda Item 7


       

Subject:                    Constitutional Matters

 

Date of meeting:    22 June 2023

 

Report of:                 Executive Director, Strategy, Governance & People

 

Contact Officer:      Name: Shaun Hughes

                                    Email: shaun.hughes@brighton-hove.gov.uk

                                   

Ward(s) affected:   All

 

For general release

 

 

1.            Purpose of the report and policy context

 

1.1         To provide information on the committee's terms of reference and related matters including the appointment of its Urgency Sub-Committee.

 

2.            Recommendations

 

2.1       That the committee’s terms of reference, as set out in Appendix A to this report, be noted; and

 

2.2       That the establishment of an Urgency Sub-Committee consisting of the Chair of the Committee and two other Members (nominated in accordance with the scheme for the allocation of seats for committees) to exercise its powers in relation to matters of urgency on which it is necessary to make a decision before the next ordinary meeting of the Committee, be approved. 

 

3.            Context and background information

 

3.1         Article 6 of the constitution incorporates a schedule of all the Committees/Sub-committees established in the new constitution together with a summary of their respective functions.

 

Housing & New HomesCommittee Terms of Reference

 

3.2         A copy of the terms of reference for the committee is attached in Appendix A. These should be read in the context of the 'Introduction and General Delegations' included in the Scheme of Delegations to Committees and Sub-Committees at part 4 of the constitution.

 

Membership

 

3.3       The membership of the committee is set at 10 Members of the council.

 

3.4       The arrangements for substitute Members to attend meetings of Committees/Sub-Committees, are set out in the Council Procedure Rules 18.14 to 18.25.

 

            Programme Meetings

 

3.5       Ordinary meetings of the Housing & New Homes Committee are scheduled to take place on the following dates during 2023/24:

 

            21 June 2023

            20 September 2023

            15 November 2023

            24 January 2024

            13 March 2024

 

3.6       Meetings of the Committee will normally be held at Hove Town Hall and will start at 4.00 p.m.

 

            Urgency Sub-Committee

 

3.7       The Constitution states that each Committee of the Council except the Audit & Standards Committee shall appoint an Urgency Sub-Committee to exercise its powers. The membership of such Urgency Sub-Committee shall consist of the Chair of the Committee, and two other Members nominated by the Group Leader or Leaders as appropriate to meet the requirements for the allocation of seats between political groups.  Under current allocations this would mean an urgency sub-committee will consist of two Members from the Administration and one Member from the Official Oppostion on the Council. 

 

3.8      Such Urgency Sub-Committees may exercise their powers in relation to matters of urgency on which it is necessary to make a decision before the next ordinary meeting of the Committee. Every decision of each Urgency Sub-Committee shall be reported for information to the next ordinary meeting of the Committee as appropriate.

 

4.            Analysis and consideration of alternative options

 

4.1         The council’s constitution provides for the appointment of the sub-committees and urgency sub-committees, and it is for the Committee to determine this action and it could decide not to make such appointments.  However, this would be contrary to the wishes of the council and is not therefore regarded as a viable alternative option.

 

5.            Community engagement and consultation

 

5.1         All Members considered and approved the allocation of seats to Committees and Sub Committees and the Terms of Reference of new committees on 25 May 2023.

 

6.            Conclusion

 

6.1         The recommendations are being put forward in line with the requirements of the constitution.

 

7.            Financial implications

 

7.1         All associated costs for the payment of Members Allowances relating to the arrangements outlined in the above report are expected to be met within the existing Members’ Allowances budget.

 

Name of finance officer consulted: Craig Garoghan      Date consulted: 13/06/2023

 

8.            Legal implications

 

8.1          The proposals in this report are compatible with the council’s constitution, which in turn is compatible with the Localism Act 2011, Local Government Act 2000 and other relevant legislation.

 

8.2      Name of lawyer consulted: Liz Woodley              Date consulted:05/06/23.

 

9.            Equalities implications

 

9.1         There are no equalities implications arising from the report.

 

10.         Sustainability implications

 

10.1      There are no sustainability implications arising from the report.

 

 

Supporting Documentation

 

1.            Appendices

 

1.            Housing and New Homes Committee Terms of Reference