NORTH YORKSHIRE COUNCIL
NOTICE OF URGENT ITEM AND CALL IN EXEMPTION
Access to Information Procedure Rule 15 – General
Exception
Overview and Scrutiny Procedure Rule 16 – Call-in
Exemption
<AI1>
Acquisition of
properties for 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 3
February 2025 a report seeking approval to purchase 3
properties from a private developer for use for the Refugee
Resettlement Fund for the Local Authority Housing Fund Round 3 will
be considered by the Deputy Leader &
Executive Member for Finance & Resources. Approval
was given in August 2024 to acquire properties for the purposes of
the Local Authority Housing Fund Round 3, which also gave approval
for individual properties to be purchased under delegated authority
to the Assistant Director for Housing.
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 the Deputy Leader and
Executive Member for Finance and Resources on 3 February 2025,
and cannot reasonably be deferred, to enable the timely
consideration and progress of this matter. This report is deemed
urgent as there is a high risk that the properties will be sold on
the open market, if we are unable to secure a commitment to
purchase these properties by the beginning of February. The council
is looking to enter contract to purchase properties direct from a
developer, the properties are under construction and will be ready
in April / May 2025. All homes are currently available on the
market. The developer advised on the 14th January 2025 that
until the council formally reserves the homes and commits to the
purchase by the 3rd Feb, that these homes will remain available to
the market. Failure to secure these properties would put the
council in a difficult position to source alternative units in the
required areas of the district, and risk breaching its MOU with
MHCLG.
As per the MOU with MHCLG the council is required to meet a
requirement to provide 3 large (4 bed) properties as per the large
resettlement requirement for the Local Authority Housing
Fund.
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 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 Corporate and Partnerships Overview and
Scrutiny Committee that it is intended that this matter be
considered by Deputy Leader and
Executive Member for Finance and Resources on 3 February
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 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 3 February 2025,
will you please confirm by email as soon as possible.
BARRY KHAN
Assistant Chief
Executive Legal and Democratic Services
Dated: 22 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 3 February
2025.
Signed Cllr Roberta
Sweirs
Date 22 January
2025
Chair of North Yorkshire
Council
</AI1>
<TRAILER_SECTION>
</TRAILER_SECTION>
<LAYOUT_SECTION>
FIELD_TITLE
To [the Chair of the [insert name]
Overview and Scrutiny Committee/Chair of the Authority/Vice-Chair
of the Authority – delete as appropriate]
and
the [Chair of North Yorkshire
Council/Head of Paid Service/Delegated Officer – 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
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 Chair of the body making the
decision, obtains the written agreement of the Chair of a relevant
overview and scrutiny committee that the making of the decision is
urgent and cannot reasonably be deferred. If there is no Chair of a
relevant overview and scrutiny committee, or if the Chair of the
relevant overview and scrutiny committee is unable to act, then the
agreement of the Chair of the Council, or in his/her absence the
Vice-Chair 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
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 FIELD_DUE_DATE a
report regarding FIELD_ISSUE_SUMMARY will be considered by the 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
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_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 Chair of the [insert name] Overview and
Scrutiny Committee/Chair of the Authority/Vice-chair 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 [Chair of the relevant Overview and
Scrutiny Committee/Chair of the Authority/Vice-chair 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 [Chair of North Yorkshire 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 Councillor]
Date
FIELD_ISSUE_FIRST_PUBLIC_PUB
[Chair of the [insert name]
Overview and Scrutiny Committee/Chair
of the Authority/Vice-chair 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
[Chair of North Yorkshire Council/Head of Paid
Service/Delegated Officer – delete as appropriate]
</LAYOUT_SECTION>
<TITLE_ONLY_LAYOUT_SECTION>
FIELD_TITLE
To [the Chair of the [insert name]
Overview and Scrutiny Committee/Chair of the Authority/Vice-Chair
of the Authority – delete as appropriate]
and
the [Chair of North Yorkshire
Council/Head of Paid Service/Delegated Officer – 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
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 Chair of the body making the
decision, obtains the written agreement of the Chair of a relevant
overview and scrutiny committee that the making of the decision is
urgent and cannot reasonably be deferred. If there is no Chair of a
relevant overview and scrutiny committee, or if the Chair of the
relevant overview and scrutiny committee is unable to act, then the
agreement of the Chair of the Council, or in his/her absence the
Vice-Chair 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
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 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
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_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 Chair of the [insert name] Overview and
Scrutiny Committee/Chair of the Authority/Vice-Chair 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 [Chair of the relevant Overview and
Scrutiny Committee/Chair of the Authority/Vice-Chair 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 [Chair of North Yorkshire 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 Councillor]
Date
FIELD_ISSUE_FIRST_PUBLIC_PUB
[Chair of the [insert name]
Overview and Scrutiny Committee/Chair
of the Authority/Vice-chair 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
[Chair of North Yorkshire Council/Head of Paid
Service/Delegated Officer – delete as appropriate]
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