NORTH YORKSHIRE COUNTY COUNCIL
NOTICE OF URGENT ITEM
Access to Information Procedure Rule 15 – General
Exception
The recommendation of the remuneration package for the Chief
Executive Officer for the new unitary North Yorkshire
Council
To County Councillor David Ireton, Chairman of the Corporate and
Partnerships Overview and Scrutiny Committee
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 15:
15.1 If the publication of the intention to make
a key decision is impracticable and a matter which is likely to be
a key decision has not been included in the forward plan for the
requisite period as set out in Rule 13.2, then subject to Rule 16
(special urgency), the decision may still be taken if:
(a) the Assistant Chief Executive (Legal and Democratic
Services) has informed the Chairman of a relevant overview and
scrutiny committee, or if there is no such person, each member of
that committee by notice in writing, of the matter about which the
decision is to be made;
(b) the Assistant Chief Executive (Legal and Democratic
Services) has made copies of that notice available to the public at
the offices of the Council and on the Council’s website;
and
(c) at least five clear days have elapsed following the day
on which the Assistant Chief Executive (Legal and Democratic
Services) complied with (a) and (b).
15.2 As soon as reasonably practicable after the
Assistant Chief Executive (Legal and Democratic Services) has
complied with (a) to (c) above, s/he must make available at the
Council’s offices a notice setting out the reasons why
compliance with Rule 13.2 is impracticable and publish that notice
on the Council’s website.
It is anticipated
that on 5 July 2022 the Executive will consider a report regarding
the ‘The recommendation of the remuneration package for the
Chief Executive Officer for the new unitary North Yorkshire
Council’.
The intention to
make the key decision has been published on the Forward Plan but
not for the full, requisite 28 clear day period.
This matter requires a
decision by the Executive on 5 July 2022 and cannot reasonably be
deferred, to enable the timely consideration and progress of this
matter. The decision required relates to the recommendation
of the remuneration package for the Chief Executive Officer for the
new unitary North Yorkshire Council. The Executive will make
a recommendation to the meeting of the County Council on 20 July
2022.
In accordance with the General Exception
provisions in Access to Information Procedure Rule 15, I am,
therefore, informing you as the Chairman of the relevant Overview
and Scrutiny Committee that it is intended that this matter be
considered by the Executive on 5 July 2022.
BARRY KHAN
Assistant Chief Executive
(Legal and Democratic Services)
Dated: 14 June
2022
To the Chairman of the [insert name] Overview and Scrutiny
Committee
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
15:
15.1
If the publication of the intention to make a key decision is
impracticable and a matter which is likely to be a key decision has
not been included in the forward plan for the requisite period as
set out in Rule 13.2, then subject to Rule 16 (special urgency),
the decision may still be taken if:
(a)
the Assistant Chief Executive (Legal and Democratic Services) has
informed the Chairman of a relevant overview and scrutiny
committee, or if there is no such person, each member of that
committee by notice in writing, of the matter about which the
decision is to be made;
(b)
the Assistant Chief Executive (Legal and Democratic Services) has
made copies of that notice available to the public at the offices
of the Council and on the Council’s website; and
(c)
at least five clear days have elapsed following the day on which
the Assistant Chief Executive (Legal and Democratic Services)
complied with (a) and (b).
15.2
As soon as reasonably practicable after the Assistant Chief
Executive (Legal and Democratic Services) has complied with (a) to
(c) above, s/he must make available at the Council’s offices
a notice setting out the reasons why compliance with Rule 13.2 is
impracticable and publish that notice on the Council’s
website.
The County
Council’s Constitution further provides that,
under Access to Information
Procedure Rule 4, at least 28 clear days’ notice must be
given of a private meeting (or meeting, or part of a meeting,
during which the public are excluded) and, at least five clear days
before the meeting, a further notice must be given of the intention
to hold the meeting in private. The Access to Information Procedure
Rules further provide that these provisions shall not apply where
the decision being taken is urgent, if an urgency procedure is
followed:
4.5
Where the date by which a meeting must be held makes compliance
with Rules 4.3 and 4.4 impracticable, the meeting may only be held
in private where the executive decision making body has obtained
agreement that the meeting is urgent and cannot reasonably be
deferred from the chairman of the relevant overview and scrutiny
committee; or, if there is no such person, or if s/he is unable to
act, the chairman of the Authority; or where there is no chairman
of either, the vice-chairman of the Authority.
4.6
As soon as reasonably practicable after agreement is given under
Rule 4.5 to hold a private meeting, the executive decision making
body must give notice setting out the reasons why the meeting is
urgent and cannot reasonably be deferred by making the notice
available at County Hall and at the venue for the meeting (if
different) and publishing it on the Council’s
website.
It is anticipated that on FIELD_DUE_DATE a
report regarding FIELD_ISSUE_SUMMARY will be considered
by FIELD_DMTITLE.
The intention to make this key decision has been
published on the Forward Plan but not for the full, requisite 28
day period.
It is also likely that the report will contain
exempt information as described in paragraph FIELD_LIKELY_REASON_RESTRICTED of Part 1 of Schedule 12A to the Local Government
Act 1972 (as amended) (FIELD_LIKELY_REASON_TEXT) and it is considered that the public interest in
maintaining the exemption outweighs the public interest in
disclosing the information. It is therefore not possible to give
the required 28 days’ notice of the intention to hold this
part of the meeting in private.
This matter requires a decision by
FIELD_DMTITLE on FIELD_DUE_DATE and
cannot reasonably be deferred to enable the timely consideration
and progress of this matter and FIELD_USE_URGENCY_EXPLAINhence the need for this Notice under Access to
Information Procedure Rules 4 and 15.
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 this matter be
determined by FIELD_DMTITLE on FIELD_DUE_DATE and
I am seeking your agreement that the meeting in respect of this
matter is urgent and cannot reasonably be deferred.
If you agree that
the meeting in respect of this matter is urgent and cannot
reasonably be deferred and that this item should be considered
on FIELD_DUE_DATE,
will you please so confirm in writing as soon as
possible.
BARRY
KHAN
Assistant Chief
Executive (Legal and Democratic Services)
Dated: FIELD_ISSUE_FIRST_PUBLIC_PUB
I agree, for the reasons stated in this notice, that
the meeting in respect of this matter is urgent and cannot
reasonably be deferred and that this item should be considered
on FIELD_DUE_DATE.
Signed [insert name of County
Councillor]
Date FIELD_ISSUE_FIRST_PUBLIC_PUB
[Chairman of the [insert name]
Overview and Scrutiny Committee]
</LAYOUT_SECTION>
<TITLE_ONLY_LAYOUT_SECTION>
FIELD_TITLE
To the Chairman of the [insert name] Overview and Scrutiny
Committee
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
15:
15.1
If the publication of the intention to make a key decision is
impracticable and a matter which is likely to be a key decision has
not been included in the forward plan for the requisite period as
set out in Rule 13.2, then subject to Rule 16 (special urgency),
the decision may still be taken if:
(a)
the Assistant Chief Executive (Legal and Democratic Services) has
informed the Chairman of a relevant overview and scrutiny
committee, or if there is no such person, each member of that
committee by notice in writing, of the matter about which the
decision is to be made;
(b)
the Assistant Chief Executive (Legal and Democratic Services) has
made copies of that notice available to the public at the offices
of the Council and on the Council’s website; and
(c)
at least five clear days have elapsed following the day on which
the Assistant Chief Executive (Legal and Democratic Services)
complied with (a) and (b).
15.2
As soon as reasonably practicable after the Assistant Chief
Executive (Legal and Democratic Services) has complied with (a) to
(c) above, s/he must make available at the Council’s offices
a notice setting out the reasons why compliance with Rule 13.2 is
impracticable and publish that notice on the Council’s
website.
The County
Council’s Constitution further provides that,
under Access to Information
Procedure Rule 4, at least 28 clear days’ notice must be
given of a private meeting (or meeting, or part of a meeting,
during which the public are excluded) and, at least five clear days
before the meeting, a further notice must be given of the intention
to hold the meeting in private. The Access to Information Procedure
Rules further provide that these provisions shall not apply where
the decision being taken is urgent, if an urgency procedure is
followed:
4.5
Where the date by which a meeting must be held makes compliance
with Rules 4.3 and 4.4 impracticable, the meeting may only be held
in private where the executive decision making body has obtained
agreement that the meeting is urgent and cannot reasonably be
deferred from the chairman of the relevant overview and scrutiny
committee; or, if there is no such person, or if s/he is unable to
act, the chairman of the Authority; or where there is no chairman
of either, the vice-chairman of the Authority.
4.6
As soon as reasonably practicable after agreement is given under
Rule 4.5 to hold a private meeting, the executive decision making
body must give notice setting out the reasons why the meeting is
urgent and cannot reasonably be deferred by making the notice
available at County Hall and at the venue for the meeting (if
different) and publishing it on the Council’s
website.
It is anticipated that on FIELD_DUE_DATE a
report regarding FIELD_ISSUE_SUMMARY will be considered
by FIELD_DMTITLE.
The intention to make this key decision has been
published on the Forward Plan but not for the full, requisite 28
day period.
It is also likely that the report will contain
exempt information as described in paragraph FIELD_LIKELY_REASON_RESTRICTED of Part 1 of Schedule 12A to the Local Government
Act 1972 (as amended) (FIELD_LIKELY_REASON_TEXT) and it is considered that the public interest in
maintaining the exemption outweighs the public interest in
disclosing the information. It is therefore not possible to give
the required 28 days’ notice of the intention to hold this
part of the meeting in private.
This matter requires a decision by
FIELD_DMTITLE on FIELD_DUE_DATE and
cannot reasonably be deferred to enable the timely consideration
and progress of this matter and FIELD_USE_URGENCY_EXPLAINhence the need for this Notice under Access to
Information Procedure Rules 4 and 15.
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 this matter be
determined by FIELD_DMTITLE on FIELD_DUE_DATE and
I am seeking your agreement that the meeting in respect of this
matter is urgent and cannot reasonably be deferred.
If you agree that
the meeting in respect of this matter is urgent and cannot
reasonably be deferred and that this item should be considered
on FIELD_DUE_DATE,
will you please so confirm in writing as soon as
possible.
BARRY
KHAN
Assistant Chief
Executive (Legal and Democratic Services)
Dated: FIELD_ISSUE_FIRST_PUBLIC_PUB
I agree, for the reasons stated in this notice, that
the meeting in respect of this matter is urgent and cannot
reasonably be deferred and that this item should be considered
on FIELD_DUE_DATE.
Signed [insert name of County
Councillor]
Date FIELD_ISSUE_FIRST_PUBLIC_PUB
[Chairman of the [insert name]
Overview and Scrutiny Committee]
</TITLE_ONLY_LAYOUT_SECTION>
Formatting for
COMMENTS:
<HEADING_LAYOUT_SECTION>
</HEADING_LAYOUT_SECTION>
<TITLED_COMMENT_LAYOUT_SECTION>
FIELD_SUMMARY
</TITLED_COMMENT_LAYOUT_SECTION>
<COMMENT_LAYOUT_SECTION>
</COMMENT_LAYOUT_SECTION>
Formatting for Sub numbered
items:
<SUBNUMBER_LAYOUT_SECTION>
</SUBNUMBER_LAYOUT_SECTION>
<TITLE_ONLY_SUBNUMBER_LAYOUT_SECTION>
</TITLE_ONLY_SUBNUMBER_LAYOUT_SECTION>