Agenda item

Report of the Clerk to the Joint Committee.

The Clerk to the Central Durham Crematorium Joint Committee referred Members to the report within the agenda papers outlining a proposed revised and updated Constitution for the Central Durham Crematorium Joint Committee (for copy see file of minutes). 

Members were reminded that following audit reviews it was recommended that the Joint Committee undertake a review and update its Terms of Reference. 

The Joint Committee noted that there was additional information setting out the terms used within the document; representation of each of the constituent Authorities, with any Member only representing the Authority which appoints them first; the Chair and Vice Chair alternating between the constituent Authorities annually wherever possible; quorum; setting out that substitutes were not permitted; and further notes regarding voting.

The Clerk to the Central Durham Crematorium Joint Committee explained that the draft was for Members to consider and comment upon prior to the final draft going to each of the constituent Authorities for ratification.

Councillor J Graham referred to paragraph 13 within the draft document and asked as regards what was meant by “silent”.  The Clerk to the Central Durham Crematorium Joint Committee explained that this referred to where the new draft document did not explicitly set out a procedure; the principal Authority’s procedure rules would be followed.

The Clerk to Spennymoor Town Council, Pauline Waterson noted that as regards the proposals within the draft document, there were no major issues other than paragraph 13.  The Clerk to the Spennymoor Town Council noted the reason being the reference to Durham County Council’s Constitution when not set out explicitly in the document for the Joint Committee.  The Clerk to Spennymoor Town Council added that this had implications as regards the awarding on contracts as per the County Council’s contract procedure rules, for example awarding contracts for civil engineering works to the County Council’s Direct Services and, accordingly, she would be advising Spennymoor Town Council of some changes to the draft document that they may wish to consider.

Councillor N Foster added that he could not envisage a situation such that paragraph 13 would need to be used, however, the issue as regards Direct Services being awarded the contract for civil engineering works was discussed and agreed by the Joint Committee.  The Chair noted that the Clerk to Spennymoor Town Council was looking from the perspective of protecting the Town Council’s position and that each Authority would have a chance to look at the draft document in due course.

Councillor M Williams asked why the notice for termination of the agreement by either party was a year.  The Clerk to the Central Durham Crematorium Joint Committee noted that this was already within the existing agreement and was standard for this type of joint arrangement. 

The Superintendent and Registrar added that changes in regulations meant that there would need to be a slight amendment to paragraph 15 to refer to the latest legislation, namely The Cremation (England and Wales) Regulations 2008.    

Resolved:

(i)         That the draft Agreement be noted.

(ii)        That the draft Agreement be considered by each of the constituent       Authorities and a Final Draft come back to the Joint Committee in due             course.