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Herefordshire Council Constitution

All major councils are required by law to prepare and keep up to date a Constitution. The Constitution explains and regulates how the Council operates, how decisions are made and the procedures which are followed to ensure that these are efficient, transparent and accountable to local people.

This Constitution builds on the Council's original arrangements adopted in 1999 and combines all the governance provisions a council is required by law to adopt, together with its traditional standing orders.

The Constitution is divided into fourteen parts and currently has twenty three appendices, which provide further information.

In the Resource boxes below are the most up to date versions of the Constitution and its appendices.

Resources
Parts of the Constitution

As revised 25 July 2008

Adobe PDF File (22 kb) Front Cover
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Adobe PDF File (26 kb) Checklist of pages
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Adobe PDF File (71 kb) Contents
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Adobe PDF File (26 kb) Foreword
A brief introduction to the Herefordshire Council Constitution.
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Adobe PDF File (30 kb) Part 1 - Aims and Principles
What the Constitution is for and why it exists.
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Adobe PDF File (51 kb) Part 2 - Councillors
Framework for the Elected Members of the Council.
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Adobe PDF File (15 kb) Part 3 - Chairman and Vice-Chairman
Protocols for Chaimen and Vice-Chairmen of Committees.
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Adobe PDF File (101 kb) Part 4 - The Council Meeting
This section details the role and functions of the Council meeting to which all 58 elected members have been called.
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Adobe PDF File (34 kb) Part 5 - Orders Applying to Committees
The Council appoints various committees and groups to carry out day-to-day functions on its behalf. This section summarises the rules for these bodies.
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Adobe PDF File (148 kb) Part 6 - The Executive
The Executive, led by the Leader of the Council, is otherwise known as the Cabinet. This section summarises it's role and functions.
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Adobe PDF File (27 kb) Part 7 - Overview and Scrutiny Arrangements
The overview and scrutiny committees are created to ensure the accountability and transparency of the Council’s decision making process.
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Adobe PDF File (44 kb) Part 8 - The Standards Committee
The Council has established a Standards Committee and this section outlines its roles and functions.
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Adobe PDF File (66 kb) Part 9 - Other Committees and Bodies
More information on the various committees within the Council.
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Adobe PDF File (17 kb) Part 10 - Community Forums
The Council strives to work in partnership with the community it serves and has established a network of Community Forums.
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Adobe PDF File (11 kb) Part 11 - Joint Arrangements
The Council may, if necessary, work with partner organisation or bodies to carry out certain functions.
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Adobe PDF File (45 kb) Part 12 - Officers' Responsibility
This section outlines the responsibilities of the Council's Senior Officers.
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Adobe PDF File (17 kb) Part 13 - Decision Making
Decision making must take place in a fair and lawful way and this section summarises the relevant procedure.
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Adobe PDF File (20 kb) Part 14 - The Public
The public have a vital role in the operation of any Council. They have rights too. This section summarises the Council's policy on members of the public.
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If you need help to understand a document, or would like it in another format or language, please call 01432 260500 or email info@herefordshire.gov.uk

[External Link to Adobe Website for PDF Reader Download] Adobe offer a free Reader to view these files which can be downloaded from their website
Resources
Appendices to the Constitution

Updated 25 July 2008

Adobe PDF File (31 kb) Appendix 1 - Cabinet Procedure Rules
A set of Rules governing how the Cabinet (Executive) of the Council should operate.
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Adobe PDF File (157 kb) Appendix 1, Annex 1 - Decsion making model
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Adobe PDF File (27 kb) Appendix 2 - Scrutiny Committee Rules
More information on Overview and Scrutiny (See Part 7) and the rules for the Scrutiny Committees.
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Adobe PDF File (47 kb) Appendix 2, Annex 1 - Call in diagram
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Adobe PDF File (24 kb) Appendix 3 - Budget and Policy Framework Procedure Rules
The authority is responsible for a large budget to provide services for all the people of Herefordshire. Rules must therefore be in place to govern how the Council spends its money.
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Adobe PDF File (84 kb) Appendix 4 - Financial Procedure Rules
Further details on how the Council manages finance.
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Adobe PDF File (126 kb) Appendix 5 - Contracts Procedures Rules
The authority must enters into contracts for works, services and supplies. This section sets out a Code of Practice for this process.
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Adobe PDF File (67 kb) Appendix 6 - Appointment and Discipline of Employees
As mentioned in Part 12 above, the authority has paid employees. This section sets out rules for their Appointment and Discipline.
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Adobe PDF File (16 kb) Appendix 7 - Councillors' Protocol
The people of Herefordshire expect their Councillors to serve the County in an exemplary manner. A protocol has been established for Council members to follow.
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Adobe PDF File (53 kb) Appendix 8 - The Role of The Chairman of The Council Protocol
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Adobe PDF File (57 kb) Appendix 9 - Strategic Monitoring Committee Chairman's Protocol
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Adobe PDF File (53 kb) Appendix 10 - Scrutiny Committee Chairman's Protocol
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Adobe PDF File (53 kb) Appendix 11 - Committee Chairman's Protocol
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Adobe PDF File (16 kb) Premable to Appendix 12 - Members' Code of Conduct
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Adobe PDF File (235 kb) Appendix 12 - Members' Code of Conduct
The Members' Code of Conduct outlines the way in which Members of the Council should conduct themselves whilst in office.
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Adobe PDF File (51 kb) Appendix 12, Annex 1 - Member / Officer Relations
Elected members and employees of the authority work together on a daily basis. This section gives guidance to officers and members on how to conduct this working relationship.
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Adobe PDF File (28 kb) Appendix 12, Annex 2 - Protocol on the use of Council Resources by Members
Members of the Council are expected to use Council resources to carry out their role as Councillor. This section outlines rules on how they go about this.
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Adobe PDF File (42 kb) Appendix 12, Annex 3 - Herefordshire Council Members' ICT Policy
Members of the Council are provided with ICT equipment to communicate with fellow Councillors, the people they serve and officers. A policy has been designed to govern this provision.
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Adobe PDF File (78 kb) Appendix 13 - Code of Conduct - Planning Matters
Councillors routinely deal with Planning Applications. A Code of Conduct has therefore been drawn up to provide information to members.
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Adobe PDF File (93 kb) Appendix 14 - Code of Conduct for Employees
Rules for Employees (officers) of the authority. Includes the Whistleblowing or Confidential reporting policy.
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Adobe PDF File (20 kb) Appendix 15 - Councillors' Allowances Scheme
Members are entitled to an allowance for serving as Councillors. This section gives details of the allowances scheme.
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Adobe PDF File (22 kb) Appendix 16 - Senior Management Structure
A chart showing the Council and PCT Joint Management Team
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Adobe PDF File (28 kb) Appendix 17 - Head of Paid Service, Monitoring Officer and Chief Financial Officer
Information relating to the three statutory officer posts within the Council.
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Adobe PDF File (23 kb) Appendix 18 - Planning Committee Scheme of Delegation to Officers
The authority receives many hundreds of applications that are dealt with by the various planning committees every year. This document outlines the role that officers have in supporting this process and powers delegated to them.
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Adobe PDF File (25 kb) Appendix 18, Annex 1 - Area Planning Sub-Committees - Referral Procedure
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Adobe PDF File (31 kb) Appendix 19 - Membership of Committees and Other Bodies - as at 31 October 2008
A leaflet detailing the composition of the Committees and Other bodies associated with Herefordshire Council.
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Adobe PDF File (11 kb) Appendix 20 - Membership of Area Based Bodies
A table of which Councillor sits on which planning sub-committee.
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Adobe PDF File (23 kb) Appendix 21 - Joint Committees
Details of Joint Committees that Herefordshire Councillors attend.
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Adobe PDF File (17 kb) Appendix 22 - Allocation of Local Choice Responsibilities
This section lists responsibilities of the Council and the decision making body or post with accountability for it.
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Adobe PDF File (31 kb) Appendix 23 - Allocation of Miscellaneous Functions
This section lists the remaining responsibilities of the Council not listed elsewhere within the Constitution.
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If you need help to understand a document, or would like it in another format or language, please call 01432 260500 or email info@herefordshire.gov.uk

[External Link to Adobe Website for PDF Reader Download] Adobe offer a free Reader to view these files which can be downloaded from their website


Last Updated: 30 May 08,
Review Date: 20 September 2005
 
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