Decision details

The City Solicitor has approved the 2020-21 constitution for publication.

Article 15 requires the Monitoring Officer to monitor and review the Constitution. The Constitution is traditionally published following the annual council meeting each year.

The Leader of Council has published a decision confirming that her Executive Arrangements will continue as set out in the 2019-20 Constitution into the 2020-21 municipal year.

The Local Authorities and Police and Crime Panels (Coronavirus) (Flexibility of Local Authority and Police and Crime Panel Meetings) (England and Wales) Regulations 2020/392 were made under the Coronavirus Act 2020 in response to the Coronavirus Pandemic. Regulations 6 disapplies the requirement in Schedule 12 of the Local Government Act 1972 to hold an annual meeting. Regulation 4(2) provides that where an appointment would otherwise be made or require to be made at an annual meeting of a local authority, such appointment continues until the next annual meeting of the authority or until such time as that authority may determine.

The Monitoring Officer notes therefore that the Council will not be holding an ACM in 2020 and that therefore the appointments (including the appointment of Lord Mayor, and Council Committees) and delegations (including delegations to officers) made in the 2019-20 Municipal Year and reflected in the Constitution will continue unless and until formally amended.

Having reviewed the Constitution, and being satisfied that it continues to give effect to the aims and principles set out therein, the City Solicitor has approved publication of the constition for 2020-21 for clarity and transparency.

Continuation with the 2019-20 constitution may lead to confusion.