Decision

Constitutional Review

The West of England Combined Authority Committee:

1. Noted the outcome of the constitutional review undertaken by the Constitutional Review Working Group;
2. Considered the comments, observations and recommendations made by the Audit Committee;
3. Approved the amendments to the Constitution set out in Appendices 1 to 3 subject to any amendments it considered appropriate;
4. Adopted the revised Constitution with effect from 1 November 2026 (save that the proposal for the Audit Committee to be chaired by an Independent Person (should it be approved)to take effect from the first meeting of the 2027/2028 municipal year to allow time for the appointment of an Independent Chair);
5. Delegated authority to the Monitoring Officer to:

(a)  make any necessary consequential, typographical, formatting, cross-referencing and drafting amendments arising from the committee's decision prior to publication of the amended Constitution;

(b)  update statutory references and legislative citations where required prior to publication; and

(c)implement the revised Constitution and publish the approved version.

1. Noted that further constitutional amendments will be required in response to legislative change, evolving devolution arrangements and operational experience, and that the constitution will remain subject to ongoing review.

Delegations from the West of England Combined Authority Committee

1. The Committee confirmed that, with immediate effect, where authority was specifically delegated by the West of England Combined Authority Committee  to a West of England Combined Authority Director or other officer to exercise a function or make a decision "in consultation with" counterpart officers of the Constituent Councils, the requirement to consult shall not require consensus, agreement or concurrence between those officers before the delegated decision may be taken.
2. That, notwithstanding the wording of any previous West of England Combined Authority Committee decisionrequiring consensus between officers or escalation where consensus could not be achieved, the Committee determined that any existing delegation to a West of England Combined Authority officer requiring consultation with a Constituent Council officer that continued to have effect,shall be construed as imposing a duty to undertake meaningful consultation and to have due regard to the views expressed, but shall not require the agreement, concurrence, consent or consensus of those consulted before the delegated authority may be exercised. Any provision within an existing delegation requiring consensus between officers, or providing for escalation where such consensus cannot be reached, shall cease to have effect from the date of this resolution. For the avoidance of doubt, consultation shall not confer a veto over the exercise of delegated authority.
3. The Chief Executive, in consultation with the Monitoring Officer, shall ensure that appropriate governance and consultation arrangements are maintained in relation to the exercise of delegated authority where consultation with constituent councils was required. Such arrangements shall be designed to secure timely, effective and meaningful engagement with constituent councils, ensure that relevant views and information are properly considered before decisions are taken, and support transparent and accountable decision-making. Such arrangements shall also reflect the principle that any future Committee can revisit, vary or withdraw a delegation if it considers the arrangements inappropriate.

Appointment of an Independent Member of the Audit Committee

1. Approved the appointment of John Cappock as an independent member to the Audit Committee for an initial period up to the end of municipal year 2028/29, as set out in paragraphs 35-40.