NORTH YORKSHIRE COUNCIL
NOTICE OF URGENT ITEM
Access to Information Procedure Rule 15 – General
Exception
Overview and Scrutiny Procedure Rule 16
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Request to bid for Local Energy Advice
Demonstrator Pilot Programme
To the Chairman of the Transport, Economy & Environment
Overview and Scrutiny Committee
and
the Chairman of North Yorkshire County Council
The 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 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 13 April 2023, the
Executive Member for Managing our
Environment will consider a report seeking permission to bid
for funding from the North East and Yorkshire Net Zero Energy Hub
for Local Energy Advice Demonstrator Programme funding for North
Yorkshire on behalf of a local consortium of partners.
The intention to
make the key decision has been published on the Forward Plan but
not for the full, requisite 28 clear day period.
The fund was only launched in late March with a short
window to bid for funding by 21st April 2023. This matter
therefore requires an urgent decision by the Executive Member for Managing our Environment
on 13 April 2023 and cannot
reasonably be deferred, to enable the timely consideration and
progress of this matter and any delay caused by applying 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 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 Member for Managing our Environment
on 13 April 2023, for the above
reasons.
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 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 13 April 2023, will you please confirm by
email as soon as possible.
BARRY KHAN
Assistant Chief Executive
(Legal and Democratic Services)
Dated: 31
March 2023
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FIELD_TITLE
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
13 April 2023.
Signed Cllr David Ireton
Date 31 March 2023
Chairman of North
Yorkshire County Council
To [the
Chairman of the [insert name] Overview and Scrutiny
Committee/Members of the [insert name] Overview and Scrutiny
Committee – delete as appropriate]
The 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 FIELD_DUE_DATE, the
FIELD_DMTITLE will consider a report re FIELD_ISSUE_SUMMARY.
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
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 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/ Members of the relevant Overview and
Scrutiny Committee – delete as appropriate]
that it is intended that this matter be
considered by FIELD_DMTITLE on FIELD_DUE_DATE.
BARRY KHAN
Assistant Chief Executive (Legal and Democratic
Services)
Dated: FIELD_ISSUE_FIRST_PUBLIC_PUB
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<TITLE_ONLY_LAYOUT_SECTION>
FIELD_TITLE
To [the
Chairman of the [insert name] Overview and Scrutiny
Committee/Members of the [insert name] Overview and Scrutiny
Committee – delete as appropriate]
The 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 FIELD_DUE_DATE, the
FIELD_DMTITLE will consider a report re FIELD_ISSUE_SUMMARY.
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
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 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/ Members of the relevant Overview and
Scrutiny Committee – delete as appropriate]
that it is intended that this matter be
considered by FIELD_DMTITLE on FIELD_DUE_DATE.
BARRY KHAN
Assistant Chief Executive (Legal and Democratic
Services)
Dated: FIELD_ISSUE_FIRST_PUBLIC_PUB
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