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View draft minutes as HTML Venue: Guildford Borough Council, Millmead House, Millmead, Guildford, Surrey, GU2 4BB
Contact: Karen Wyeth
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Apologies To confirm, as a correct record, the minutes of the inaugural Constitution Sub-Committee, held on 27 August 2026.
Minutes: Apologies were received from Councillor Shorthose and Councillor Greentree attended as substitute. |
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Declarations of interest All members present are required to declare, at this point in the meeting or as soon as possible thereafter:
1. Any disclosable pecuniary interests and/or 2. Other interests arising under the Code of Conduct in respect of any item(s) of business being considered at this meeting.
Minutes: There were none. |
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Minutes of previous meeting The Sub-Committee is asked to approve the minutes of the meeting held on 27 August 2026. Minutes: The Sub-Committee considered the minutes of the previous meeting held on 27 August 2026.
It was requested that the minutes be amended under item 15 on the Member and Officer Protocol to reflect that the question of whether a duty of candour should be included had been raised.
Subject to this amendment, the minutes were agreed.
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West Surrey Constitution: Financial Procedures Rules To consider the proposed approach and details provided in respect of West Surrey Council’s Financial Procedure Rules. Additional documents:
Minutes: The Sub-Committee considered the proposed approach to the West Surrey Council Financial Procedure Rules. Members noted that the document remained at an early stage of development and that a number of areas would need to be updated as the Council’s organisational structure, governance arrangements and scheme of delegation were developed.
The feedback previously provided by the Audit and Governance Committee was noted and endorsed. Members recognised that further iterations of the Financial Procedure Rules would be required as the supporting governance arrangements became clearer.
During discussion, Members:
Members requested that the Chair and, where available, Vice-Chair of the Audit and Governance Committee be invited to attend the future meeting at which the revised rules were considered, to provide context on that Committee’s consideration and feedback.
The Sub Committee RESOLVED:
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Contract & Procurement Procedure Rules To consider the proposed approach to the Contract and Procurement Procedure Rules set out in the report. Additional documents:
Minutes: The Sub-Committee considered the proposed approach to the West Surrey Council Contract and Procurement Procedure Rules and noted the feedback previously provided by the Audit and Governance Committee.
Members recognised that the proposals remained at a relatively high level and that further work would be required before the detailed arrangements and thresholds could be fully assessed.
During discussion, Members:
Members also supported inviting the Chair and, if available, Vice-Chair of the Audit and Governance Committee to the future meeting when the revised proposals were considered, to support alignment between the two Committees.
It was confirmed that both the Financial Procedure Rules and Contract and Procurement Procedure Rules were scheduled to return to the Sub-Committee on 29 October 2026.
The Sub Committee RESOLVED:
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Council Procedure Rules To consider proposed Council Procedure Rules. Additional documents: Minutes: The Sub-Committee considered the first tranche of the draft Council Procedure Rules, covering arrangements and activities taking place before Council meetings. It was noted that further tranches would address matters arising during meetings, including petitions and recorded votes.
The draft had been developed with reference to arrangements in comparable authorities, with the intention of balancing opportunities for Member participation, scrutiny and transparency with the need to ensure that Council could conduct its business effectively within the available meeting time.
It was noted that the proposed deadline for urgent questions had been amended from one hour before the meeting to lunchtime on the day of the meeting, recognising the practicalities of identifying appropriate officers and preparing a response.
Concern was raised that detailed feedback previously submitted by Members on motions, questions and wider meeting arrangements had not been reflected in the current draft. It was acknowledged that this had been omitted in error and it was confirmed that the previous feedback would be revisited and taken into account in both the current and subsequent drafting of the Procedure Rules.
Members discussed introducing provision for Member statements on local ward matters, similar to arrangements operating elsewhere. There was broad support for the principle as a means of enabling Members to highlight matters of local relevance without initiating a wider debate.
Discussion suggested:
The positioning of Member statements within the agenda and the overall time allocation would be considered further alongside the other proposed meeting time limits.
Members discussed the proposal for the Leader to make an announcement of up to three minutes and whether provision should also be made for opposition/group leaders to respond. Views differed on the extent of any provision. Some Members considered that a formal right of reply was an important element of democratic accountability and scrutiny, while others highlighted the need to protect sufficient meeting time for the Council's substantive decision-making business. There was support for considering a defined and time-limited arrangement for Leader and group leader contributions, potentially within an overall allocation of approximately ten minutes. It was agreed that this should be considered further in the round with the other proposed meeting time allocations.
The Sub-Committee considered the proposed arrangements for questions submitted by Members. There was general support for retaining the ability for a Member to submit up to three questions, rather than limiting each Member to a single question. To ensure fairness:
This was considered to ... view the full minutes text for item 26. |
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Review of Proper Officer Designations for the Shadow Period To consider a proposed change to the current Designated Scrutiny Officer for the Shadow Authority. Minutes: The Sub-Committee considered a proposed amendment to the Proper Officer designations within the Constitution for the shadow period. It was explained that additional resource had been identified to provide a dedicated scrutiny officer for West Surrey Council. This reflected best practice and would provide appropriate separation between the scrutiny function and the Council's three statutory officers.
Members supported the principle of having a dedicated officer responsible for scrutiny and noted the importance of maintaining the independence and effectiveness of the scrutiny function. It was explained that the proposal represented a designation rather than a new appointment. The Monitoring Officer, in consultation with the other statutory officers, had identified an officer currently working at Runnymede Borough Council and supporting the West Surrey Overview and Scrutiny Committee to undertake the role.
Members sought assurance that the proposed arrangement was supported by the scrutiny function and were advised that the Chair of the Overview and Scrutiny Committee was aware of and content with the proposed designation.
The Sub Committee RESOLVED:
1. To endorse the proposed change to the Proper Officer designation within the Constitution and recommended its approval to the Standards Committee. |
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Responsibility for Functions To consider a proposed approach for Local Choice functions. Additional documents: Minutes: The Sub-Committee considered the proposed allocation of Local Choice Functions, being those functions which legislation allowed to be allocated either to Full Council or the Executive. It was explained that the proposed allocations identified where responsibility for each function would sit at the highest level. This did not mean that Full Council or the Executive would necessarily exercise the function directly, as individual functions could subsequently be delegated to an appropriate committee or officer through the relevant scheme of delegation.
Members considered the proposed allocations and were generally satisfied that the recommendations provided an appropriate framework. It was noted that the arrangements could be reviewed in the future should experience demonstrate that a different allocation would be more effective.
Members sought assurance that the schedule represented the full suite of Local Choice Functions. It was confirmed that the schedule had been developed through a review of the relevant primary legislation and represented all current Local Choice Functions. Functions not included were either specifically reserved to Council by legislation or would otherwise fall to the Executive.
Members sought further clarification regarding Local Choice Function 1, relating to functions arising under a Local Act which were not otherwise specified within the relevant regulations. It was noted that there was existing legislation specific to Surrey which was being reviewed as part of the preparations for Local Government Reorganisation. Members considered that further information was required to understand the potential implications of allocating this function to the Executive.
The Sub Committee RESOLVED:
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Responses to Shadow Authority Member Raised Issues To consider the responses to Shadow Authority member raised issues. Minutes: The Sub-Committee received an update on issues previously raised by Shadow Authority Members and the actions being taken in response. It was confirmed that no further requests had been received since the previous meeting.
Members raised a request concerning the potential introduction of a Special Responsibility Allowance for group leaders. It was clarified that the Council could not amend its Members' Allowances Scheme without first considering recommendations from the Independent Remuneration Panel (IRP). The IRP had not yet been convened but was due to begin its work in preparation for the arrangements to apply following vesting day. Members noted the position and requested that the issue be progressed at the earliest opportunity.
A Member raised concern regarding the handling of a recent question at an Executive meeting, where the question had been taken as read. This meant that members of the public viewing the meeting would not necessarily have understood the context of the response. It was clarified that the existing Executive Procedure Rules provided for the question to be put at the meeting, with a response given either at the meeting or subsequently in writing. It was acknowledged that the procedure had not been followed on this occasion and that this had reduced transparency for those observing the meeting. It was confirmed that the position had been clarified with the Leader ahead of future Executive meetings.
A Member sought an update on a previous request concerning the ability of Members who were not appointed to a committee to sit with the committee and participate in proceedings, rather than being seated in the public gallery. It was confirmed that this had not been lost and would be considered as part of the forthcoming tranche of Council Procedure Rules relating to the conduct of meetings. |
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To consider the Work Programme for the Constitution Sub-Committee.
Report to follow. Minutes: The Sub-Committee reviewed its forward Work Programme.
It was noted that a number of constitutional matters were being developed through a staged approach, with initial discussions focused on high-level principles before more detailed proposals were brought back for further consideration.
In particular:
Members were advised that the Work Programme for the immediate forthcoming meetings was relatively settled, although some flexibility might be required for the November and December meetings. This was particularly the case where constitutional arrangements were dependent upon decisions from the wider implementation programme, including those relating to strategic partnerships and their governance. |
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Future Working Arrangements Minutes: Members discussed the anticipated transition of the Constitution Sub-Committee to a working group, subject to approval by Full Council. Members sought assurance that the change in status would not result in a reduction in the information and supporting documentation available to them as the Constitution continued to be developed.
It was confirmed that, subject to Council approving the proposed arrangements:
Members emphasised the importance of retaining sufficient information and a clear record of previous discussions to ensure continuity and transparency as the constitutional work progressed.
Actions arising from the discussion:
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