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Part 6 - Council Bodies Rules

This part of the Constitution sets out the rules and procedures in regards to different types of Council Bodies

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Contents

  1. Bodies - Introduction
  2. Bodies - Composition
  3. Sub-Committees, Panels and Task Groups ("Sub-Bodies")
  4. Sub-Bodies - Composition
  5. Bodies and Sub-Bodies - Terms of Reference and Delegated Powers
  6. Bodies and Sub-Bodies - Rules of Procedure

1. Bodies - Introduction

  • 1.1 The Council has established various Bodies (the term includes Committees, Boards and Commissions - see Glossary) - these may only be added to or removed by the Council.
  • 1.2 Each Body will have a number of aspects, many of which will be common (to a greater or lesser extent) to other Bodies and to the Council or Executive.  Each Body will have:
    • A specified Composition;
    • Terms of Reference;
    • Rules of Procedure;

and may have:

  • Delegated or Statutory Powers.
  • 1.3 The Bodies of the Council are:
    • The Appeals Committee;
    • The District Planning Committee;
    • The Eastern Area Planning Committee;
    • The Governance Committee;
    • The Health Scrutiny Committee
    • The Licensing Committee;
    • The Personnel Committee;
    • The Scrutiny Commission;
    • The Western Area Planning Committee.
  • 1.4 The following bodies also act in accordance with these Rules with aspects similar to Council Bodies:
    • The Health and Wellbeing Board;
    • The Joint Public Protection Committee;

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2. Bodies - Composition

  • 2.1 At each Annual Meeting (or at any other Meeting as necessary) Council will confirm the continuation of, or establish, or amend, or disband, its Bodies and decide upon the composition of each and appoint the membership.
  • 2.2 Membership may be required by statute to reflect the Political Balance of the Council.
  • 2.3 Bodies may or may not have Substitute Members able to substitute for a Member of a Body unable to attend a particular meeting.
  • 2.4 Bodies may or may not have external members.
  • 2.5 The specific composition of all Bodies, including the number of members and political affiliations (where the Body is politically balanced), substitutes, etc, is set out in a list published in respect of each Council Annual Meeting and re-published in the event of any changes, and available on the Website, and reflected in the Meetings Rules Table.

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3. Sub-Committees, Panels and Task Groups ("Sub-Bodies")

  • 3.1 A Body ("Parent Body") may form one or more Sub-Committees, Panels or Task Groups (together "Sub-Bodies") as described in this Part and/or in the relevant Appendix to this Part ("Body Appendix").
  • 3.2 In particular:
    • The Governance Committee has a Standing Advisory Panel established by Council for certain purposes in relation to the Code of Conduct (and only the Governance Committee has a Standing Panel);
    • The Licensing Committee forms task-limited Sub-Committees from time to time to determine certain types of licensing application;
    • The Appeals Committee forms task-limited Panels from time to time to determine certain appeals against Officer Decisions;
    • The Health and Wellbeing Board has a Steering Group and a number of Sub-, Sub-Sub-, and Sub-Sub-Sub- Bodies (each a "Health and Wellbeing Sub-Body") as more fully detailed in the relevant Committee Appendices;
    • The Scrutiny Commission and Health Scrutiny Committee may form Task Groups for the purpose of conducting in depth scrutiny reviews on a particular topic.
  • 3.3 The Governance Committee Standing Advisory Panel, Licensing Sub-Committees and Appeals Panels are together referred to as the "Standing Sub-Bodies".
  • 3.4 So far as a Sub-Body other than a Standing Sub-Body, is concerned (eg a Health and Wellbeing Sub-Body, a Sub-Committee or a Task Group), unless the relevant Body Appendix and/or the minutes of the meeting of the Parent Body that established it state otherwise:
    • 3.4.1 Health and Wellbeing Sub-Bodies:
      • 3.4.1.1 will be standing bodies meeting in private; and
      • 3.4.1.2 any powers to act will be set out in the relevant Body Appendix and/or the Scheme of Delegation;
    • 3.4.2 Sub-Committees:
      • 3.4.2.1 will be standing bodies meeting in public; and
      • 3.4.2.2 any powers to act will be set out in the relevant Body Appendix and/or the Scheme of Delegation;
  • 3.4.3  Task Groups:
    • 3.4.3.1 will be time- or task- limited bodies generally meeting in private; and
    • 3.4.3.2 have no powers to act, only to advise/recommend.

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4. Sub-Bodies - Composition

  • 4.1 Sub-Body membership may be required by statute to reflect the Political Balance of the Council.
  • 4.2 Sub-Bodies may or may not have Substitute Members able to substitute for a Sub-Body Member unable to attend a particular meeting.
  • 4.3  Sub-Bodies may or may not have external members, subject to the agreement of the Monitoring Officer.
  • 4.4 The composition of the Standing Sub-Bodies is set out in the relevant Body Appendix and reflected in the Meetings Rules Table.
  • 4.5 The composition of Sub-Bodies other than the Standing Sub-Bodies will be set out, as appropriate in the circumstances, in the relevant Body Appendix and/or the minutes of the meeting of the Parent Body that established it.
  • 4.6 The Parent Body may determine that certain classes of Sub-Body Member (eg Members of the Parent Body) shall be voting members of the Sub-Body and others (eg Non-Councillors) shall be non-voting.
  • 4.7 The minimum membership shall be three voting Members for a Task Group and four voting Members for any other Sub-Body, apart from a Licensing Sub-Committee which shall be formed of three voting Members.

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5. Bodies and Sub-Bodies - Terms of Reference and Delegated Powers

  • 5.1 The terms of reference for each Body and Standing Sub-Body are set out in the relevant Body Appendix.
  • 5.2 The terms of reference for Sub-Bodies other than the Standing Sub-Bodies are set out, as appropriate in the circumstances, in the relevant Body Appendix and/or the minutes of the meeting of the Parent Body that established it.
  • 5.3 When establishing a Task Group, the Parent Body will determine:
    • 5.3.1 the membership of the Task Group;
    • 5.3.2 whether to appoint one of those Members to act as the chairman of the Task Group or let this be determined by the Task Group;
    • 5.3.3 whether any non-Body members should be appointed to the Task Group;
    • 5.3.4 whether there should be substitute members of the Task Group;
    • 5.3.5 who other than Task Group members should be involved with the Task Group's work and who (if anyone) should be consulted
    • 5.3.6 the Terms of Reference for the Task Group;
    • 5.3.7 what the timescale for the task in question should be;
    • 5.3.8 who should be responsible for reporting progress back to the Parent Body and how often;
    • 5.3.9  and any other appropriate matter.
  • 5.4  The powers delegated to each Body and, where relevant, Sub-Body are set out in Part 3 (Scheme of Delegation).

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6. Bodies and Sub-Bodies - Rules of Procedure

  • 6.1 The general rules of procedure for each Body or Sub-Body are set out in Part 3 (Meeting Procedure Rules).
  • 6.2 Specific Procedure Rules relating to a Body and/or its Sub-Bodies are set out in the relevant Body Appendix.

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Part 6.1 - Appendix: Appeals Committee

This part of the Constitution sets out the rules and correct procedure for West Berkshire Council's Appeal Panels.

Part 6.2 - Appendix: Governance Committee

This part of the Constitution sets out the rules and correct procedure for West Berkshire Council's Governance Committee.

Part 6.4 - Appendix: Health Scrutiny Committee

This part of the Constitution sets out the rules and correct procedure for West Berkshire Council's Health Scrutiny Committee and highlights its role within the Council.

Part 6.5 - Appendix: Joint Public Protection Committee

This part of the Constitution sets out the rules and correct procedure for West Berkshire Council's Joint Public Protection Committee and highlights its role within the Council.

Part 6.7 - Appendix: Personnel Committee

This part of the Constitution sets out the rules and correct procedure for West Berkshire Council's Personnel Committee and highlights its role within the Council.

Part 6.8 - Appendix: Planning Committees

This part of the Constitution sets out the rules and correct procedure for West Berkshire Council's Planning Committee and highlights its role within the Council.

Part 6.9 - Appendix: Scrutiny Commission

This part of the Constitution sets out the rules and correct procedure for West Berkshire Council's Scrutiny Commission and highlights its role within the Council.

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