NORTH YORKSHIRE COUNTY COUNCIL
NOTICE OF URGENT PRIVATE ITEM
Access to Information Procedure Rules 4 and 16
Overview and Scrutiny Procedure Rule 16
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A59 Kex Gill Spend Profile
Adjustment
To the Chairman of the Transport, Economy & Environment
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.
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 21 December 2022, the
Executive Member for Highways &
Transportation will consider a report seeking approval for
increased capital funding from 2022/23 NYCC Kex Gill allocation by
up to £1.4m, reduce the 2023/24 NYCC contribution by the same
and accepting the expenditure at risk pending receipt of the
Department for Transport (DfT) grant.
The intention to
make the key decision has been published on the Forward Plan but
not for the requisite 28 clear day period.
The report on this
matter is likely to 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.
This matter requires a
decision by Executive Member for Highways
& Transportation on 21
December 2022 and cannot reasonably be deferred, to enable
the timely consideration and progress of this matter, in lieu of a delayed DfT Full Business Case decision
due to recent Ministerial changes and settling in period, which in
turn has led to a request to reprofile NYCC capital
spend.
The Council therefore
needs to progress this matter within a short timeframe, and as a
consequence of the urgency of the timescales, the matter cannot be
subject to the call in period. 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.
To the Chairman of the
Transport, Economy & Environment 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 this matter be
considered by the Executive Member for
Highways & Transportation, on 21 December 2022 and I am seeking your
agreement that the meeting and the making of the decision is urgent
and cannot reasonably be deferred beyond this timeframe. If you
agree that the meeting and the making of the decision is urgent and
cannot reasonably be deferred and that this item should be
considered on 21 December 2022,
will you please confirm in writing 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 that this item should be considered
on 21 December 2022 will you please confirm by email as soon as
possible.
BARRY KHAN
Assistant Chief
Executive (Legal and Democratic Services)
Dated: 14 December
2022
I agree, for the
reasons stated in this notice, that the meeting and the making of
this decision is urgent and cannot reasonably be deferred and that
this item should be considered on 21
Dec 2022.
Signed Cllr David
Staveley
Date 16 December 2022
Chairman of the Transport, Economy &
Environment Overview and Scrutiny Committee
I agree, for the reasons
stated in this notice, that the decision proposed is reasonable in
all the circumstances, to it being treated as a matter of urgency
and exempt from call-in and that this item should be considered on
21 December 2022.
Signed Cllr David
Ireton
Date 14 December 2022
Chairman of North
Yorkshire County Council
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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 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,
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, FIELD_DMTITLE will
consider a report regarding FIELD_ISSUE_SUMMARY.
The intention to make the key decision has been
published on the Forward Plan but not for the requisite 28 clear
day period.
The report on this matter is likely to 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. [The
requisite notices of private meetings under Access to Information
Procedure Rules 4.3 and 4.4 have not therefore been published
– this may need amending depending if time has allowed for
one of the notices].
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_EXPLAIN.
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 and the making of the
decision is urgent and cannot reasonably be deferred beyond this
timeframe. If you agree that the meeting and the making of the
decision 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 and the making of this decision 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]
</LAYOUT_SECTION>
<TITLE_ONLY_LAYOUT_SECTION>
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 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,
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, FIELD_DMTITLE will
consider a report regarding FIELD_ISSUE_SUMMARY.
The intention to make the key decision has been
published on the Forward Plan but not for the requisite 28 clear
day period.
The report on this matter is likely to 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. [The
requisite notices of private meetings under Access to Information
Procedure Rules 4.3 and 4.4 have not therefore been published
– this may need amending depending if time has allowed for
one of the notices].
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_EXPLAIN.
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 and the making of the
decision is urgent and cannot reasonably be deferred beyond this
timeframe. If you agree that the meeting and the making of the
decision 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 and the making of this decision 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]
</TITLE_ONLY_LAYOUT_SECTION>
Formatting for
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FIELD_SUMMARY
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Formatting for Sub numbered
items:
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