NORTH YORKSHIRE COUNTY COUNCIL
NOTICE OF URGENT ITEM AND CALL IN EXEMPTION
Access to Information Procedure Rule 16
Overview and Scrutiny Procedure Rule 16
<AI1>
Special Free School Programme –
Acceptance of conditions
To the Chairman of the Y0oung People’s 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 7 March 2023 a report
seeking approval to accept the conditions set by the Department for
Education in relation to the Council’s successful bid for
inclusion in the Special Free School programme will be considered
by Executive Member for Education and
Skills. The proposed school is to be located in
Northallerton and would support young people with significant SEMH
needs in the Hambleton / Richmondshire area.
The intention to
make this key decision has not been published on the Forward Plan
for the requisite 28 clear day period.
This matter requires an
urgent decision by Executive Member for
Education and Skills on 7 March
2023 and cannot reasonably be deferred, to enable the timely
consideration and progress of this matter as d On 2 March 2023 the Council only received
confirmation that the bid for a Special Free School In
Northallerton had been successful and 2 March 2023, and the Council
is required to accept a number of conditions by 8 March 2023 in
order to move to the next stage of the Department for
Education’s process.
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
Young People’s 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 Executive Member for
Education and Skills, including early years, schools,
apprenticeships, FE colleges & UTC`s, and engagement with the
skills agenda of the LEP on 7
March 2023 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 7 Mar 2023, 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 that the decision proposed is
reasonable in all the circumstances and to it being treated as a
matter of urgency and the call-in process not applying, and that
this item should be considered on 7 March
2023, will you please confirm by email as soon as
possible.
BARRY KHAN
Assistant Chief
Executive (Legal and Democratic Services)
Dated: 6 March
2023
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 7 March
2023.
Signed Cllr David
Ireton
Date 6 March 2023
Chairman of the
Young People’s 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 7 March
2023.
Signed Cllr Barbara
Brodigan
Date 6 March 2023
Chairman of
North Yorkshire County Council</AI1>
<TRAILER_SECTION>
</TRAILER_SECTION>
<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]
and
the [Chairman of North Yorkshire County
Council/Head of Paid Service/Delegated Officer – 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 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 FIELD_DUE_DATE a
report regarding FIELD_ISSUE_SUMMARY will be considered by FIELD_DMTITLE.
The intention to make this key decision [has/has not – delete as
appropriate] been published on the Forward Plan for the
requisite 28 clear day period.
This matter requires an urgent 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 and reasons for
excluding the call in period]. The Council therefore needs to progress this matter
within a short timeframe. 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 [insert name] Overview and Scrutiny Committee/Chairman of the
Authority/Vice-chairman of the Authority – delete as
appropriate]: 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 confirm by email as soon as possible.
To the [Chairman of
North Yorkshire County Council/Head of Paid Service/Delegated
Officer – delete as appropriate]:
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 the decision proposed
is reasonable in all the circumstances and to it being treated as a
matter of urgency and the call-in process not applying, and that
this item should be considered on FIELD_DUE_DATE,
will you please confirm by email 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]
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 FIELD_DUE_DATE.
Signed [insert name]
Date
FIELD_ISSUE_FIRST_PUBLIC_PUB
[Chairman of North Yorkshire
County Council/Head of Paid Service/Delegated Officer –
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]
and
the [Chairman of North Yorkshire County
Council/Head of Paid Service/Delegated Officer – 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 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 FIELD_DUE_DATE a
report regarding FIELD_ISSUE_SUMMARY will be considered by FIELD_DMTITLE.
The intention to make this key decision [has/has not – delete as
appropriate] been published on the Forward Plan for the
requisite 28 clear day period.
This matter requires an urgent 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_EXPLAINand reasons for
excluding the call in period]. The Council therefore needs to progress this matter
within a short timeframe. 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 [insert name] Overview and Scrutiny Committee/Chairman of the
Authority/Vice-chairman of the Authority – delete as
appropriate]: 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 confirm by email as soon as possible.
To the [Chairman of
North Yorkshire County Council/Head of Paid Service/Delegated
Officer – delete as appropriate]:
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 the decision proposed
is reasonable in all the circumstances and to it being treated as a
matter of urgency and the call-in process not applying, and that
this item should be considered on FIELD_DUE_DATE,
will you please confirm by email 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]
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 FIELD_DUE_DATE.
Signed [insert name]
Date
FIELD_ISSUE_FIRST_PUBLIC_PUB
[Chairman of North Yorkshire
County Council/Head of Paid Service/Delegated Officer –
delete as appropriate]
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