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Council Constitution Review 2023

Argyll and Bute Council · 28 September 2023
Back to Argyll and Bute Council — 28 September 2023 and its agenda

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ARGYLL AND BUTE COUNCIL  COUNCIL 
LEGAL AND REGULATORY SUPPORT  28 SEPTEMBER 2023 
COUNCIL CONSTITUTION REVIEW 2023 
1.0 INTRODUCTION 
This report considers proposed changes to the Council Constitution. 
The Council generally reviews the Constitution annually and various
changes are proposed which take into consideration decisions agreed by
Council since the last review. 
An overview of key changes is provided at Appendix 1. 
2.0 RECOMMENDATIONS 
2.1 The Council is invited to agree to the adjustments to the Constitution
as follows:   
a)  To update Part A of the Constitution as set out in Appendix 1. 
b)  To amend Part C, Scheme of Delegations as set out in Appendix 1. 
c)  To amend Part D, Financial and Security Regulations, to
incorporate changes as set out in Appendix 1. 
d)  To note the updated Procurement Manual as previously agreed by
Council in September 2022 has been inserted at Part E, Contract
Standing Orders and as set out in Appendix 1. 
e)  To amend Part F, Ethical Framework as set out in Appendix 1. 
f)  To amend Part G, Scheme of Approved Duties as set out in
Appendix 1.
3.0 DETAIL 
3.1 
3.2 
The proposed changes to the constitution are driven generally by
incorporating updates in respect of decisions previously agreed by
Council as set out in Appendix 1.  
In addition to the annual review amendments to the Constitution will be
considered in the event of any potential alterations to operational and
procedural requirements.

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4.0 CONCLUSION 
4.1 
4.2
The proposed changes will address issues arising since the last
revision in September 2022. 
Council is recommended to agree the adjustments to the Constitution
as outlined in Appendix 1 to ensure the Constitution remains up-to-
date and facilitates the operation of regulatory functions.   
5.0 IMPLICATIONS 
5.1 Policy – These revisions will keep the Constitution up to date.
5.2 Financial - None
5.3 Legal - None
5.4 HR - None
5.5 Fairer Scotland Duty - None
5.5.1 Equalities – protected characteristics – The provisions have no adverse
impact in terms of equality issues and have the potential to enhance
accessibility in respect of remote participation proposals.
5.5.2 Socio-economic Duty - None
5.5.3 Islands - None
5.6 Risk - None
5.7 Customer Service - None 
Douglas Hendry - Executive Director with responsibility for Legal and            
Regulatory Support
Policy Lead - Councillor Alastair Redman
21 August 2023                                                  
For further information contact: David Logan, Head of Legal and Regulatory
Support, Kilmory, Lochgilphead Tel: 01546 604322 
APPENDICES 
Appendix 1: Review of Constitution 2023 – Summary of Key Changes

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Review of Constitution 2023 – Summary of Key Changes                                                                                                             
APPENDIX 1
For discussion 
Reference – Current
constitution Page & Paragraph
detail 
Proposed amendment
Part A 
The
Constitution 
Page 6 Delete ‘Annual Service Plans’
Policy Framework requires update e.g. it still references:
The Children and Young Services Plan 2017-2020.
Part C
Scheme of
Delegation 
Page 
Various
Delete reference to Customer and Support Services, and
replace with Customer Support Services. 
Part C
Scheme of
Delegation 
Page 95 Add Financial Services to the list of responsibilities, which
currently reads:
The Executive Director with responsibilities for:-
Customer Support Services
Road and Infrastructure 
Services Development and Economic Growth
Part C
Scheme of
Delegation 
Page 70 
Para 2.4.2
Area Committees 
Move the words “within the area” to appear immediately
after the word “buildings” 
Part C
Scheme of
Delegation 
Page 73 
Para 2.5.5
PPSL 
Add the words “not otherwise delegated” at the end of that
paragraph 
Part D
Financial and
Security
Regulations 
Page 113
Section 3.4 
Page 113
Section 3.5 
Remove reference to Service Plans and replace with 
“……..arrangements for the preparation of the Revenue
Budget.” 
Remove reference to Service Plans and replace with 
“Each year draft estimates of expenditure and
income…….”
Part D
Financial and
Security
Regulations 
Page 118
Section 5.1
Delete  reference to “corporate asset management
strategy” 
And replace with : 
“Capital Investment Strategy” 
Part D
Financial and
Security
Page 128 All reference to “Head of Customer and Support Services”
in the Salaries and Wages section should be changed to
“Head of Financial Services”.

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Regulations 
Part D
Financial and
Security
Regulation 
Page 128  Para 7.20 reference to the payment of salaries to be
changed from Head of Customer Support Services to
Head of Financial Services.
Para 7.23 – update to reflect that expenses are to be
agreed with the Head of Financial Services and the Head
of Customer Support Services.
Part D
Financial and
Security
Regulations 
Page 137  Appendix 2 refers to Anti-Fraud strategy this should now
be the Anti-Fraud, Corruption and Bribery Strategy and
references throughout the document to Fraud and
Corruption are to be updated to include the word Bribery,
where appropriate to reflect that terminology. 
Remove reference to Executive Director of Customer
Services as Monitoring Officer to Executive Director with
Responsibility for Legal and Regulatory Support as
Monitoring Officer and so throughout the document as
appropriate. 
Add reference to the S95 officer in place of the Head of
Financial Services throughout the document as
appropriate. 
Part D
Financial and
Security
Regulations
Page 138 
Para 2.4 – add new sentence to state - To facilitate this,
Council wide training is available through the online
training portal LEON. 
Part D
Financial and
Security
Regulations
Page 139 
Para 4.2 – States - We must regularly review and update
our written rules. 
To be changed by adding at the end “and to such end our
review of these procedures will be no later than every
three years.” 
Para 4.3 – States - Managing the risk of fraud is the
responsibility of the Council’s Strategic Management
Team. Executive Directors must make sure that suitable
levels of internal check are included in working
procedures, particularly financial procedures. It is
important that duties are organised so that no one person
can carry out a complete transaction without some form of
checking process being built into the system. 
Add, after Executive Directors “and their Heads of Service” 
Part D
Financial and
Security
Page 143 
Para 2.1 – Add in new reference to Bribery as follows
“Bribery is defined as:

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Regulations “The offering, giving, receiving, or soliciting of something of
value for 
the purpose of influencing the action of an official in the
discharge of 
his or her public or legal duties”.
Para 2.3 – states – Fraudulent or corrupt acts may include:
This should now state - Fraudulent ,corrupt or bribery acts
may include: 
Part E
Contract
Standing
Orders 
Page 7 
Page 9 
At  Part E – Contract Standing Orders Oct 22 - page 7
(page 145 of 235 follows page 136 of sequential
numbering) section 4 add new heading after the sub
heading “ CONTRACT MANAGEMENT “ before section
4.1, add a new section numbered 4.0  prior to the sub
heading “ Form of Contract” add new Heading and
section as follows : 
4.0 The Role and Responsibilities of Executive
Directors 
‘Each Executive Director has responsibility for all contracts
tendered and let by their Directorate and is accountable to
the Council for the performance of their duties in relation to
contract letting and management, as follows: 
4.0.1 - to ensure compliance with these Standing Orders,
the Procurement Manual and SGN   17 Contract and
Supplier Management Toolkit; 
4.0.2 - to put in place arrangements for efficient contract
and Supplier management including the identification of a
Contract Manager/Owner and management of benefits
and performance, for the entire duration of the contract or
Framework/DPS. 
For Frameworks/DPS call off or contracts used by more
than one Directorate the arrangements for contract and
supplier management shall be made by the Executive
Director for the Directorate with the largest spend or
anticipated spend in respect of the same.   
At Part E page 9 Section 5 (page 147 of 235) Headed
Contract Terms delete the existing clause numbered 5.1 
headed Assignation and Sub Contracting (retaining the
heading and numbering) and replace with the following
clause
“In every contract for the execution of works or supply of
goods material or services a clause shall be inserted which
shall have the effect of preventing a Contractor or supplier
from transferring or assigning directly or indirectly, or sub-
contracting to any person or persons whatever, any portion
of the contract without the written permission of the
relevant Executive Director, or an officer authorised by that
Executive Director.

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Supplementary Guidance Note SGN 17 sets out how
PCCMT can support the implementation of a consistent
contract management process across the Council and
achieve objectives   
 To build good working relationships between
parties; 
 Proactively anticipating future risks and
appropriately dealing with them; 
 Aiming for continuous improvement in performance
over the life of the contract 
 Identifying and driving best value over the life of the
contract 
 Delivering community benefits for our local
community 
Following agreed processes and using the related
templates where appropriate and working with the PCCMT
will enhance officers’ ability to manage Suppliers and
deliver contract objectives on time and within budget. 
At page 6 of 26
Section 1.8 
At the top of page
7 of 26 At the
bottom of the
second table
marked “works” 
Add the following
footnote 
At page 22 of 26
at section 2.12 
Revisals proposed to the Procurement Manual 
At the bottom of the first table setting out thresholds add
the following footnote 
**
From August until February 2024 for Property Services
only the lower threshold for supplies and services shall be
increased to £5,000 – and Property Services shall work
with PCCMT to ensure relevant controls to ensure best
value can be demonstrated. 
***
From August until February 2024 for Property Services
only the lower threshold for works shall be increased to
£10,000 – and Property Services shall work with PCCMT
to ensure relevant controls to ensure best value can be
demonstrated. 
Add the words “and Supplier “after Contract and before
Management in the heading and (CSM) at the end of the
heading and add new section 2.12 as follows   
“We are all experiencing increasing demands on our
services as budgets are reducing and the Council needs to
deliver significant savings as well as improving the quality
and sustainability of what we provide. Procurement, and
improved purchasing outcomes, are key in assisting the
Council in delivering these objectives. Contract and

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supplier management (CSM) is a key component in
ensuring that procured services provide best value for all
stakeholders. The PCCMT has been rolling out a Project
aimed at embedding CSM across all commercial contracts
used by Services to ensure that this key component is met
and best value achieved. To ensure effective contract
management and compliance with Part E of the Council’s
Contract Standing Orders a Contract Manager /Owner
should be identified for every contract tendered or
awarded 
Supplementary Guidance Note SGN 17 sets out how
PCCMT can support the implementation of a consistent
contract management process across the Council and
achieve objectives   
 To build good working relationships between
parties; 
 Proactively anticipating future risks and
appropriately dealing with them; 
 Aiming for continuous improvement in performance
over the life of the contract 
 Identifying and driving best value over the life of the
contract 
 Delivering community benefits for our local
community 
Following agreed processes and using the related
templates where appropriate and working with the PCCMT
will enhance officers’ ability to manage Suppliers and
deliver contract objectives on time and within budget. 
Part F
Ethical
Framework 
Employee Code
of Conduct 
Para 15.3 
Employee Code of Conduct - You may make use of the
internet and email services as part of your work – insert ‘in
accordance with the IT Acceptable Use Policy’.
Part G 
Scheme of
Approved
Duties 
Paras 8 and 9 to be amended after the words “Policy
Lead” in line 2 of para 8 and the word “Committee” in line
one of para 9 to read 
At any meeting, conference, or other event which the
Monitoring Officer, in consultation with the Chief Executive,
considers to be connected with the Council or its area, or
local government business and where in their view it is in
the interests of the Council to attend.
Part G 
Scheme of
Approved
Duties
Under
“Qualifications”
At para 4 
The words “European Union” are deleted and replaced
with “Scotland”.