NORTH YORKSHIRE COUNCIL
NOTICE OF URGENT ITEM
Access to Information Procedure Rule 15 – General Exception
Overview and Scrutiny Procedure Rule 16
To submit an Expression of Interest for additional funding from the Local Authority Housing Fund
To the Chair of the Housing and Leisure Overview and Scrutiny Committee
and
the Chair of North Yorkshire 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 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 Chair 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 Chair, the Vice-Chair’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 16 January 2025, the Corporate Director of Resources will consider
a report seeking approval to submit an Expression of Interest for
additional funding from the Local Authority Housing Fund.
The additional funding has been released by MHCLG to enable Local
Authorities to deliver more homes both for Refugee Resettlement
Schemes and for the provision of Temporary Accommodation. The
decision required is to approve submission of the Expression of
Interest for additional funding from MCHLG.
.
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 Council only received notification on the 23 December 2024 from MHCLG inviting Local Authorities to submit Expressions of Interest for additional funding from the Local Authority Housing Fund (Round 3). The closing date for submissions of Expressions of Interest is 17 January 2025. This matter therefore requires a decision by the Corporate Director of Resources on 16 January 2025 and cannot reasonably be deferred, to enable the timely consideration and progress of this matter.
The additional funding is for both Refugee Resettlement Schemes and
for the provision of Temporary Accommodation. This will represent a
rare opportunity to access additional funding to enable us to
deliver more properties where we have a current shortage of
suitable properties to meet these high priority needs.
To the Chair of the Housing and Leisure 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 Corporate Director of Resources on 16 January 2025.
To the Chair 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 16 January 2025, will you please confirm by email as soon as possible.
BARRY KHAN
Assistant Chief Executive (Legal and Democratic Services)
3 January 2025
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 16 January 2025.
Signed: Councillor Roberta Swiers Date: 6 January 2025
Chair of North Yorkshire Council
Dated: 6 January 2025