NORTH YORKSHIRE COUNCIL

NOTICE OF URGENT ITEM

Access to Information Procedure Rule 15 – General Exception

Overview and Scrutiny Procedure Rule 16

<AI1>

Submission of consultation responses to the DfT in relation to future Lane Rental approvals

To the Chair of the Transport, Economy, Environment and Enterprise 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 Chair 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 18 February 2025, Executive Member for Highways & Transportation will consider a report seeking approval to submit responses to a consultation in relation to the Department for transport devolving powers to allow Mayoral Authorities/ Highway Authorities to assess and sign off future Lane Rental schemes and amendments. Deadline is 21 February 2025.

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 Executive Member for Highways & Transportation on 18 February 2025 and cannot reasonably be deferred, to enable the timely consideration and progress of this matter. The Consultation was only communicated through regional channels on 23 January 2025 with a deadline of 21 February 2025 which does not match up with the scheduled Executive Member meetings.

To the Chair of the Transport, Economy, Environment and 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 relevant Overview and Scrutiny Committee that it is intended that this matter be considered by Executive Member for Highways & Transportation on 18 February 2025, for the above reasons.

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 18 February 2025, will you please confirm by email as soon as possible.

BARRY KHAN

Assistant Chief Executive Legal and Democratic Services

Dated: 30 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 18 February 2025.

Signed  Cllr R Swiers                                        Date  30 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/Members of the [insert name] Overview and Scrutiny Committee – 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 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 Chair 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 FIELD_DUE_DATE, FIELD_DMTITLEwill 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 FIELD_DMTITLEon FIELD_DUE_DATE and cannot reasonably be deferred, to enable the timely consideration and progress of this matter FIELD_USE_URGENCY_EXPLAIN.

To the Chair of the [relevant Overview and Scrutiny Committee/Members of the relevant Overview and Scrutiny Committee – delete as appropriate]:  In accordance with the General Exception provisions in Access to Information Procedure Rule 15, I am, therefore, informing you as the Chair of the relevant Overview and Scrutiny Committee that it is intended that this matter be considered by FIELD_DMTITLEon FIELD_DUE_DATE, for the above reasons.

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 FIELD_DUE_DATE, will you please confirm by email as soon as possible.

BARRY KHAN

Assistant Chief Executive (Legal and Democratic Services)

Dated: [insert date]

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                                                                                                                                                                                  Date

Chair of North Yorkshire Council

</LAYOUT_SECTION>

<TITLE_ONLY_LAYOUT_SECTION>

FIELD_TITLE

To [the Chair of the [insert name] Overview and Scrutiny Committee/Members of the [insert name] Overview and Scrutiny Committee – 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 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 Chair 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 FIELD_DUE_DATE, FIELD_DMTITLEwill 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 FIELD_DMTITLEon FIELD_DUE_DATE and cannot reasonably be deferred, to enable the timely consideration and progress of this matter FIELD_USE_URGENCY_EXPLAIN.

To the Chair of the [relevant Overview and Scrutiny Committee/Members of the relevant Overview and Scrutiny Committee – delete as appropriate]:  In accordance with the General Exception provisions in Access to Information Procedure Rule 15, I am, therefore, informing you as the Chair of the relevant Overview and Scrutiny Committee that it is intended that this matter be considered by FIELD_DMTITLEon FIELD_DUE_DATE, for the above reasons.

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 FIELD_DUE_DATE, will you please confirm by email as soon as possible.

BARRY KHAN

Assistant Chief Executive (Legal and Democratic Services)

Dated: [insert date]

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                                                                                                                                                                                  Date

Chair of North Yorkshire Council

</TITLE_ONLY_LAYOUT_SECTION>