NORTH YORKSHIRE COUNTY COUNCIL
NOTICE OF URGENT ITEM AND CALL IN EXEMPTION
Access to Information Procedure Rule 16
Overview and Scrutiny Procedure Rule 16
Household Support Grant – the Government has allocated £3,537k to the County Council for the period to 31 March 2022 to provide support to households who would otherwise struggle to buy food or pay essential utility bills or meet other essential living
To the Chairman of the Young People Overview and Scrutiny Committee and
the Chairman of North Yorkshire County Council
The County Council’s Constitution provides that if a matter which is likely to be a key decision has not been included on the Council’s Forward Plan for the requisite period, the decision may still be taken if an urgency procedure is followed.
Under Access to Information Procedure Rule 16:
16.1 Where the date by which a decision must be made makes compliance with Rule 15 (general exception) impracticable, then the decision can only be made if the decision maker (if an individual) or the Chairman of the body making the decision, obtains the written agreement of the Chairman of a relevant overview and scrutiny committee that the making of the decision is urgent and cannot reasonably be deferred. If there is no Chairman of a relevant overview and scrutiny committee, or if the Chairman of the relevant overview and scrutiny committee is unable to act, then the agreement of the Chairman of the Council, or in his/her absence the Vice-Chairman will suffice.
16.2 As soon as reasonably practicable after the decision maker has obtained agreement under Rule 16.1 above, s/he must make available at the Council’s offices a notice setting out the reasons why the meeting is urgent and cannot reasonably be deferred and publish the notice on the Council’s website.
The County Council’s Constitution further provides that where the call-in procedure would otherwise apply to an executive decision, it shall not apply where the decision being taken is urgent, if an urgency procedure is followed.
Under Overview and Scrutiny Procedure Rule 16:
(h) The call-in procedure set out above shall not apply where the decision being taken by the Executive is urgent. A decision will be urgent if any delay likely to be caused by the call in process would seriously prejudice the Council’s or the public interest. The Chairman of the council must agree both that the decision proposed is reasonable in all the circumstances and to it being treated as a matter of urgency. In the absence of the Chairman, the Vice-Chairman’s consent shall be required. In the absence of both, the Head of Paid Service or his/her nominee’s consent shall be required. Decisions taken as a matter of urgency must be reported to the next available meeting of the Council, together with the reasons for urgency.
It is anticipated that on 29 October 2021 the Executive Member for Stronger Communities will, in exercise of his urgency powers in the Executive Members’ Delegation Scheme, consider a report regarding approval of the local eligibility framework to distribute the Household Support Fund for the period to 31 March 2022, to provide support to households who would otherwise struggle to buy food or pay essential utility bills or meet other essential living costs this winter as the economy recovers.
This matter requires an urgent decision by the decision taker and cannot reasonably be deferred, to enable the timely consideration and implementation of this matter and to meet Government deadlines to enable allocations to be made. This means that not all of the usual access to information timescales can be met.
As a consequence of the urgency of the timescales, the decision referred to above will need to be implemented immediately. Overview and Scrutiny Procedure Rule 16 enables matters to be determined on an urgency basis and be exempt from call-in, where any delay likely to be caused by the call-in process would seriously prejudice the Council’s or the public interest, which it is believed would be the case here.
To the Chairman of the Young People Overview and Scrutiny Committee: in accordance with the provisions in the Access to Information Procedure Rules, I am, therefore, informing you as the Chairman of the relevant Overview and Scrutiny Committee, that it is intended that the above matter be considered by the decision taker on 29 October 2021 and I am seeking your agreement that the making of the decision is urgent and cannot reasonably be deferred beyond this timeframe. If you agree, will you please confirm by email as soon as possible
To the Chairman of North Yorkshire County Council: in accordance with the provisions in Overview and Scrutiny Procedure Rule 16(h), I am seeking your agreement that the decision proposed is reasonable in all the circumstances and to it being treated as a matter of urgency (where any delay likely to be caused by the call in process would seriously prejudice the Council’s or the public interest) and that the call-in procedure should therefore not apply to the decision. If you agree, will you please confirm by email as soon as possible.
BARRY KHAN
Assistant Chief Executive (Legal and Democratic Services)
Dated: 20 October 2021
I agree, for the reasons stated in this notice, that the making of the decision as referred to above is urgent and cannot reasonably be deferred.
Signed County Councillor Janet Jefferson Date 20 October 2021
Chairman of the Young People Overview and Scrutiny Committee
I agree, for the reasons stated in this notice, that such decision as referred to above is reasonable in all the circumstances, to it being treated as a matter of urgency and exempt from call-in.
Signed County Councillor Stuart Martin Date 20 October 2021
Chairman of North Yorkshire County Council