NORTH YORKSHIRE COUNCIL
NOTICE OF URGENT ITEM
Access to Information Procedure Rule 15 – General Exception
Overview and Scrutiny Procedure Rule 16
Submission of application to Sport England Swimming Pool Support Fund
To the Chair of the Transport, Economy, Environment & Enterprise 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 9 August 2023, the
Executive Member for Culture, Arts &
Housing will consider a report seeking permission to submit
an application to Sport England’s Swimming Pool Support Fund
for swimming pools in North Yorkshire.
The scheme is designed to support swimming pools that continue to
be affected by significant rises in utility costs and swimming pool
chemical costs. There are 16 Council owned swimming pools in North
Yorkshire, but it is proposed that an application be submitted for
all North Yorkshire owned swimming pools and community/charity
partner swimming pools, in line with the requirements of the
funding process.
Phase 1 of the scheme is now open, with an application submission
window of 4th-11th August 2023. Funding will be awarded
between £10,000 - £500,000 as a whole (per authority)
and decisions will be confirmed in September 2023.
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 Member for Culture, Arts & Housing on 9 Aug 2023 and cannot reasonably be deferred, to enable the timely consideration and progress of this matter and to meet the final deadline for application submissions of 11th August 2023.
Furthermore, because the decision is required as a matter of urgency (where any delay likely caused by the call in process would seriously prejudice the Council’s or the public interest), exemption of the call-in procedure is also being sought.
To the Chair of the Transport, Economy, Environment & Enterprise 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 Chair of the Transport, Economy, Environment & Enterprise Overview and Scrutiny Committee, that it is intended that this matter be considered by the Executive Member for Culture, Arts & Housing on 9 August 2023, for the above reasons.
To the Chairman of North Yorkshire 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 9 August 2023, will you please confirm by email as soon as possible.
BARRY KHAN
Assistant Chief Executive (Legal and Democratic Services)
Dated: 19 July 2023
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 9 August 2023.
Signed Cllr David Ireton Date 20 July 2023
Chairman of North Yorkshire Council