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Constitution and Governance Committee - Tuesday, 3rd November, 2026 10.00 am
November 3, 2026 at 10:00 am Constitution and Governance Committee View on council websiteSummary
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The Constitution and Governance Committee of Cornwall Council is scheduled to convene on Tuesday, 3 November 2026. The meeting's agenda includes discussions on proposed amendments to the Council's Constitution concerning pension fund governance, a review of the Local Government Act 1972, and the election of the Council's Chairman.
Pensions Regulatory, Governance and Asset Pooling Amendments
A significant portion of the meeting is expected to focus on proposed amendments to the Council's Constitution. These changes are being put forward to align with updated Local Government Pension Scheme (LGPS) Regulations and statutory guidance, which came into effect on 30 June 2026. The report pack indicates that these amendments will address the introduction of an LGPS Senior Officer, a statutory role responsible for overseeing all LGPS pension functions. Enhanced knowledge and understanding requirements for those in governance roles are also to be discussed, alongside changes to the implementation of the Pension Fund's investment strategy, which is managed through an asset pool. The report pack also notes proposed amendments arising from changes to the Pension Fund's asset pooling arrangements, specifically the replacement of Brunel Pensions Partnership with Local Pensions Partnership Investments (LPPI). These proposed changes will affect sections of the Council's Constitution including Responsibility for Functions, Article 02 (Members of the Council), Article 16 (Pensions Committee), and the Scheme of Delegation. The aim is to improve transparency and accountability in the management of the Cornwall Pension Fund.
Review of the Local Government Act 1972
The Committee is scheduled to consider a review of the Local Government Act 1972. This review was prompted by discussions surrounding the use of the term Chairman
and other potentially outdated aspects of the legislation, which is over fifty years old. The report pack suggests that the Act's provisions may not fully reflect modern governance expectations, practices, or technology. Specific areas for potential reform highlighted include the modernisation of statutory terminology, moving away from terms like Chairman
and Vice-Chairman
to gender-neutral alternatives such as Chair
and Vice-Chair
. The report pack also indicates a discussion on the legislative basis for hybrid and remote meetings, noting that current provisions largely require physical attendance, despite the successful temporary arrangements during the Covid-19 pandemic. Clarification on the legal position regarding the webcasting and recording of council meetings is also anticipated. Furthermore, the report pack suggests a review of the election and role of the Chairman, referencing the separate discussion on this topic. Finally, the potential for modernising digital governance and administrative processes, and increasing local governance flexibility within the Act, are also scheduled to be considered. The preferred option is to make representations to the Government seeking broader reform of the Local Government Act 1972.
Election of Chairman and the Council's Annual General Meeting
The meeting is set to discuss the process for the election of the Chairman at the Council's Annual General Meeting (AGM). This item arises from a procedural change in previous years and a request for clarification. The report pack outlines legal advice received regarding the election of the Chairman, which stems from sections 3 and 4 of the Local Government Act 1972. This advice suggests that the incumbent Chairman cannot preside over their own re-election due to a direct interest in the outcome, and that the Vice-Chairman would typically preside in such circumstances. The report pack proposes amendments to the Council's Constitution to clarify these procedures, including provisions for when the incumbent Chairman wishes to participate or vote, and for situations where the Vice-Chairman is also a candidate. The aim is to ensure the Council acts in accordance with the law and principles of natural justice.
The meeting will also include the confirmation of the minutes from the meeting held on 1 September 2026.
Attendees
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Meeting Documents
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