NORTH YORKSHIRE COUNTY COUNCIL

NOTICE OF URGENT PRIVATE ITEM

Access to Information Procedure Rule 4

Land/Property Purchase in North Yorkshire

To the Chairman of the Corporate and Partnerships Overview and Scrutiny Committee

The County Council’s Constitution provides that at least 28 clear days before a private meeting (a meeting, or part of a meeting, of the executive decision making body during which the public are excluded) the executive decision-making body must give notice of its intention to hold the meeting in private (including a statement of the reasons for holding it in private) 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.

At least five clear days before a private meeting, the executive decision making body must give further notice of its intention to hold the meeting in private including:

· a statement of the reasons for holding it in private;

· details of any representations received about why the meeting should be open to the public; and

· a statement of its response to any such representations

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.

In relation to urgent private business, where the date by which a meeting must be held makes compliance with the above Access to Information Procedure Rules 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.

As soon as reasonably practicable after such agreement is given 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 20 September 2022 a report regarding the capital allocation for the potential purchase of land/property within North Yorkshire, to deliver the Council’s obligations to Unaccompanied Asylum Seeking Children, and the delegation of authority to specified officers to negotiate final terms, will be considered by the Executive. This item was previously anticipated to be considered by the Executive Member for Finance and Assets on 20 September, and consent was previously given by you, as Chairman of the relevant overview and scrutiny committee, to the matter being dealt with under Access to Information Procedure Rule 16 Special Urgency to enable the Council to meet its obligations in relation to Unaccompanied Asylum Seeking Children. The urgency notice is published on the Council’s website (Special Urgency and Exempt Information Notice - Potential purchase of landproperty within North Yor.pdf (northyorks.gov.uk)).

Circumstances have evolved so that this matter is now required to be considered by the Executive. The report will contain exempt information as described in paragraph 3 of Part 1 of Schedule 12A to the Local Government Act 1972 (as amended) (information relating to the financial or business affairs of any particular person (including the authority holding that information)) 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 and 5 days’ notice of the intention to hold these parts of the Executive meeting in private, hence this further Notice.

This matter requires consideration by the Executive on 20 September 2022 and cannot reasonably be deferred to enable the timely consideration and progress of this matter and to enable the Council to meet its obligations in relation to Unaccompanied Asylum Seeking Children. 

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 considered by the Executive on 20 September 2022 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 20 September 2022, will you please so confirm in writing as soon as possible.

BARRY KHAN

Assistant Chief Executive (Legal and Democratic Services)

Dated: 16 September 2022

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 20 September 2022

Signed: County Councillor David Ireton                    Date: 16 September 2022

Chairman of the Corporate and Partnerships Overview and Scrutiny Committee

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FIELD_TITLE

To [the Chairman of the [insert name] Overview and Scrutiny Committee/Chairman of the Authority/Vice-chairman of the Authority – delete as appropriate]

The County Council’s Constitution further provides that at least 28 clear days before a private meeting (a meeting, or part of a meeting, of the executive decision making body during which the public are excluded) the executive decision-making body must give notice of its intention to hold the meeting in private (including a statement of the reasons for holding it in private) 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.

At least five clear days before a private meeting, the executive decision making body must give further notice of its intention to hold the meeting in private including:

· a statement of the reasons for holding it in private;

· details of any representations received about why the meeting should be open to the public; and

· a statement of its response to any such representations

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.

In relation to urgent private business, where the date by which a meeting must be held makes compliance with the above Access to Information Procedure Rules 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.

As soon as reasonably practicable after such agreement is given 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.

It has recently become apparent 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 these parts of the meeting in private, hence this Notice.

This matter requires consideration 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_EXPLAIN, hence the need for this Notice under Access to Information Procedure Rule 4. 

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/Chairman of the Authority/Vice-chairman of the Authority – delete as appropriate], that it is intended that this matter be considered 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/Chairman of the Authority/Vice-chairman of the Authority – delete as appropriate]

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FIELD_TITLE

To [the Chairman of the [insert name] Overview and Scrutiny Committee/Chairman of the Authority/Vice-chairman of the Authority – delete as appropriate]

The County Council’s Constitution further provides that at least 28 clear days before a private meeting (a meeting, or part of a meeting, of the executive decision making body during which the public are excluded) the executive decision-making body must give notice of its intention to hold the meeting in private (including a statement of the reasons for holding it in private) 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.

At least five clear days before a private meeting, the executive decision making body must give further notice of its intention to hold the meeting in private including:

· a statement of the reasons for holding it in private;

· details of any representations received about why the meeting should be open to the public; and

· a statement of its response to any such representations

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.

In relation to urgent private business, where the date by which a meeting must be held makes compliance with the above Access to Information Procedure Rules 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.

As soon as reasonably practicable after such agreement is given 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.

It has recently become apparent 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 these parts of the meeting in private, hence this Notice.

This matter requires consideration 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_EXPLAIN, hence the need for this Notice under Access to Information Procedure Rule 4. 

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/Chairman of the Authority/Vice-chairman of the Authority – delete as appropriate], that it is intended that this matter be considered 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/Chairman of the Authority/Vice-chairman of the Authority – delete as appropriate]

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