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).

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

  • 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

  • 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 Procedural 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 Summons to Meetings
    • 4.15 Chair of Meeting
    • 4.16 Quorum
    • 4.17 Questions by the Public
    • 4.18 Questions by Members
    • 4.19 Motions on Notice
    • 4.20 Motions Without Notice
    • 4.21 Rules of Debate
    • 4.22 State of the County Debate
    • 4.23 Previous Decisions and Motions
    • 4.24 Voting
    • 4.25 Minutes
    • 4.26 Record of Attendance
    • 4.27 Exclusion of Public
    • 4.28 Members’ Conduct
    • 4.29 Disturbance by Public
    • 4.30 Use of Social Media during Meetings
    • 4.31 Suspension and Amendment of Council Procedural Rules
    • 4.32 Interpretation
    • 4.33 Application to Committees and Sub-Committees

  • 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 Assistants to the Cabinet
    • 5.8 Rules of Procedure and Debate
    • 5.9 Cabinet Procedure Rules
    • 5.10 How are Cabinet Meetings Conducted
    • 5.11 Disturbance by the Public and Use of Social Media
    • 5.12 Job Sharing by Leaders and Cabinet Members

  • The Leader(s)
    • 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

  • 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 Number of Scrutiny Committees and Appointment of Scrutiny Groups
    • 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 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

  • 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

  • Regulatory Committees
    • 9.1 Regulatory and Other Committees
    • 9.2 The Governance and 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’ Appointment Committee
    • 9.9 The Employment Appeals Committee
    • 9.10 The Pensions Committee
    • 9.11 Other Committees and Subcommittees
    • 9.12 Rules of Procedure and Debate

  • 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

  • Officers
    • 11.1 Management Structure
    • 11.2 Functions of the Chief Executive
    • 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 Chief Executive, 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

  • Responsibility for functions – Summary
    • 13.1 Who Can be Decision Makers?
    • 13.2 Principles of Decision Making
    • 13.3 Categories of Functions
    • 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

  • 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

  • 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

  • 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

  • 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 Regulations 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 Tendering 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 and Alcatel Standstill Period
    • 17.27 Completion of Contracts
    • 17.28 Contract Management
    • 17.29 Social Service Contracts and the Light Touch Contract
    • 17.30 Waivers of Contract Procedure Rules

  • 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

  • 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

  • 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

  • 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 and Dealing with Correspondence
    • 21.11 Confidentiality
    • 21.12 Provision of Support Services to Members
    • 21.13 The Council’s Role as an Employer
    • 21.14 Political Activity
    • 21.15 Breach of the Protocol
    • 21.16 Conclusion

  • 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